MASTER AGREEMENT BETWEEN
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
AND
STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
For Fiscal Year 2011 - 2012

THIS MASTER AGREEMENT (this "Agreement") made and entered into this ~ day of
between the State of Florida, Department of Transportation (hereinafter referred to
as "DOT"), and the State of Florida, Department of Corrections (hereinafter referred to as "FOC").
r.-

l \)~ , 2011,

WITNESSETH:
WHEREAS, the Florida Transportation Code, Section 339.08(2), Florida Statutes, provides
that DOT shall enter into contractual agreements with Foe for those specific maintenance functions
which can be perfonned effectively by prison inmates under the supervision of FDC personnel, with
technical assistance being provided by DOT; and
WHEREAS, Section 946.40, Florida Statutes, and Rules 33-601.201 and 33-601.202, Florida
Administrative Code authorize the FDC to enter into agreements with other state agencies for the use
of inmate labor in public works; and
WHEREAS, minimum and community custody inmates may be used for these purposes
without being accompanied by a correctional officer, provided DOT provides proper supervision
pursuant to the FOC's rules; and
WHEREAS, the cost of such agreements shall not. exceed the cost that would be incurred by
the DOT if such functions were to be performed by its personnel or by agreement with another entity
unless, notwithstanding cost, the DOT can clearly demonstrate that it is in DOT's best interests to
enter into this Agreement for reasons of expediency; and
WHEREAS, an appropriation of $19,146,000.00 is available to DOT for the 2011-12 Fiscal
Year to fund a contractual arrangement between DOT and FDC for use of inmate labor for
maintenance pursuant to Section 339.08, and Section 946.40, Florida Statutes; and
NOW, THEREFORE, the parties hereto find it to be in the best interest of the State of
Florida, and in consideration of the mutual benefits to be derived here from, the DOT and FDC agree
as follows:

1

1.

TERM AND RENEWAL

A.

Term
This Agreement shall begin on the 15t day of July, 2011, or the date on which this Master
Agreement is signed by both parties, whichever is later, and shall end at midnight on the
30th day of June, 2012.

B.

Renewal
This Agreement may be renewed annually at the mutual agreement of the parties.

II. PURPOSE OF AGREEMENT
The purpose of this Agreement is for FDC to provide inmate labor on FDC supervised work
crews to perform regularly scheduled specific maintenance activities as directed by the DOT;
to provide inmates who are assigned and working under the supervision of DOT
("Supplemental Support Labor") working in and around DOT facilities, as Supplemental
Support Labor within DOT crews on a ratio no greater than two inmates to one DOT
employee (Two-to-One Ratio), except during lunch and non-work periods, or as otherwise
provided herein. Other Personnel Services ("OPS") as provided by persons employed by
DOT and/or contract labor, as well as DOT employees, may be used to meet the Two-to-One
Ratio requirement. The Two-to-One Ratio may be exceeded in unusual circumstances if
approved on a daily basis by the DOT Unit Maintenance Engineer. Examples of unusual
circumstances would include an emergency situation or the temporary unavailability of DOT
personnel to make the Two-to-One Ratio. The Two-to-One Ratio shall not be exceeded on a
continuing routine basis. A ratio greater than four inmates to one DOT employee shall not be
exceeded at any time. Any DOT employees' concerns with working with greater than a
Two-to-One Ratio should be handled by DOT on a case-by-case basis.
Ill. SCOPE OF WORK

A. Responsibilities of DOT
1. Supplemental Support Labor.
DOT shall regularly schedule work for all
minimum/community custody inmates provided by FDC pursuant to a local agreement
between DOT and FDC (the "Local Agreement"). Specific activities, quantities and
locations shall be identified through the Local Agreement(s), the form of which is
attached hereto and incorporated herein as Addendum "A". DOT shall compensate FDC
at the production wage rate as set forth in Addendum "B" attached hereto and
incorporated herein. The wage rate shall be per inmate hour for the number of inmates
agreed upon by the Local Agreement, when that number is made available, per day,
whether used or not as Supplemental Support Labor. If DOT requests and uses additional
inmates as Supplemental Support Labor in excess of the number of inmates specified in
the Local Agreement, DOT will compensate FDC for the additional number of inmates
used.

2

For example, if a lesser number of inmates are provided, compensation shall be for the
number of inmates provided. If, at DOT's request the total number of minimum
/community custody inmates provided daily exceeds the number established in the Local
Agreement, compensation shall be for the contracted number plus any excess inmates
used.
DOT will provide FOC at least 24 hours notice in the event that DOT requires
Supplemental Support Inmates to perform routine or non-emergency work during other
than normal work hours (e.g., evenings and/or nighttime). DOT will pick the inmates
up from and return the inmates to the institution.
2. FOC Supervised Crews. DOT, in cooperation with FOC, shall identify and regularly
schedule specific maintenance activities to be performed by inmates under the
supervision of FOC supervisors. These activities shall be identified in the Local
Agreement. The Local Agreement will include the units and DOT labor unit costs and
specific activities, quantities and locations shall be identified.
DOT shall compensate FOC for each unit of work satisfactorily completed at the cost per
unit specified in Addendum B. Those activities completed by FOC supervised crews not
shown on Addendum B shall be compensated at the production wage rate as per
Addendum B of this Agreement per inmate hour, not including the FOC officer, for manhour activities. These costs will be based on the 2010-11 DOT engineered activity unit
costs ("DOT Engineered Activity Unit Costs"). All material, equipment and overhead
costs will be subtracted from the DOT Engineered Unit Cost, with the remaining cost to
reflect labor only. All costs represent compensation for performance of 100% of the
named activity.
Additional compensation will be considered by DOT in cases of extended, unforeseen
emergency projects that result in overtime for correctional officers supervising inmate
labor. When a FOC officer works on a DOT job site more than 40 hours in a workweek,
the officer's overtime will be compensated at the 991 activity emergency maintenance
rate per hour from Addendum "B" of this Agreement. This compensation for the FOC
officer's overtime is in addition to the compensation for the work performed by the FOC
inmate work crew. The DOT area maintenance engineer must approve any overtime that
will be paid by DOT concerning FOe.
3. DOT Supervision of Inmates Assigned as Supplemental Support Labor. DOT shall
provide supervision of inmates in accordance with FOC rules and regulations. DOT
employees will supervise inmates assigned as Supplemental Support Labor on a Two-toOne Ratio basis or as provided for in Section 11., Purpose of Agreement. In accordance
with Rule 33-601.202 (6), Florida Administrative Code, prior to supervising inmates,
each DOT employee who is to supervise inmates shall have a criminal history record
check completed by FOC, be approved by the FOC to supervise inmates, and
successfully complete training in supervising inmates provided by FOC.
4. DOT Support for FOe. DOT shall provide for and support FOC
requirements of this Agreement as follows:

3

111

performing the

a. DOT shall provide all tools, equipment, materials and personal items such as gloves,
rubber boots, hard hats, rain gear, etc., as is necessary, appropriate, or required to
perform the work and provide for the storage of such items.
b. DOT shall provide FDC supervisors and Supplemental Support Labor with technical
assistance and verbal and/or written instructions pertaining to the work methods,
work zone traffic control, reporting of production and use of equipment/tools as
required or necessary to perform the assigned tasks. Further, DOT:
(l) will require FDC supervised crews to operate tools/equipment such as crew cab
trucks, concrete mixers, wood chippers, small forklifts, small front end loaders,
weed eaters, curb edgers, chainsaws, tractors, etc., when the operation of such
equipment is a routine part of the assigned activity;
(2) will provide formal training for FDC supervisors in a manner consistent with the
practices used to formally train DOT employees. As a standard practice, DOT
will not provide formal training to inmates assigned to FDC crews. For FDC
supervisors that do not have experience in the utilization of assigned tools and
equipment or proper work methods, DOT will provide direction, to include verbal
and written instructions necessary for the officer to be assessed competent by
DOT in the utilization of assigned tools and equipment or proper work methods;
and,
(3) will verify competency of the FDC officer in the same manner used to verify
competency of a DOT employee. An inmate whose competency is verified by
the FOC supervisor is allowed to operate off-road equipment.
c. DOT may require FDC supervisors, FDC crews, and Supplemental Support Labor to
attend DOT safety meetings. Compensation shall be at the hourly rate for inmates.
FDC will be given a list containing the names of officers and/or inmates attending
safety classes or formal training within five (5) days of completion date.
d. DOT will require FDC supervisors to satisfactorily complete the appropriate
Maintenance of Traffic ("MOT") course as defined in DOT procedure 625-010-01 O-g
prior to performing any work on the State Highway System for which the FDC
supervisor is responsible for installation and/or maintenance of Traffic Control
Devices. FOC can access the Web Site
http://www.dot.state.fl.us/rddesign/MOT/MOT.shtm for the list of course providers
for the required MOT training. If the web site URL changes, DOT will immediately
notify FOC of the new web site. FDC supervisors, including alternates or existing
officers that have been reassigned duties, will complete the training within the first
sixty (60) days of the FDC supervisor's assignment to supervise an FOC crew that
requires traffic control setup. For newly established FDC supervised crews or when
an FOC supervisor is replaced, the crew will be assigned work that does not require
an MOT setup until the required course is completed by the new FDC supervisor.
Inmates are often assigned flagging duties. After the FOC supervisor has completed
the appropriate MOT Training course, it is the responsibility of the FDC supervisor to
train inmates in proper flagging techniques.

4

FOC officers will be required to meet the new Training Category course requirements
as defined in DOT procedure 625-010-010-g, Maintenance of Traffic. Those training
requirements will go into effect on the approval date of this Agreement.
e.

DOT shall disseminate information and make training opportunities available to FOC
officers who are required to hold a valid Commercial Driver's License as specified by
Florida Statutes.

f.

DOT shall provide vehicles for transporting inmates between FOC facilities and DOT
work centers and also to and from individual work sites. FOC shall provide the
vehicle operator when inmates are being transported to the work center or work site.
All vehicle operating costs such as fuel, maintenance, and repairs shall be the
responsibility of DOT. All DOT vehicles used for transporting inmates shall be
equipped with a two-way communication radio with adequate range to communicate
directly with FOC or DOT personnel. All DOT vehicles used for transporting
inmates shall meet DOT safety standards. DOT shall promptly make repairs to meet
such standards.

g. DOT shall make all new DOT inmate supervisors available for thirty-two (32) hours
of orientation and training, provided by FOC, prior to assuming supervision of
inmates. All other DOT inmate supervisors that have previously completed this
training shall be made available for eight (8) hours of refresher training, provided by
FOC, during the 2011-12 Fiscal Year.
h. DOT shall notify FOC immediately in the case of an escape or misconduct by an
inmate, or when inmates fail to perform assigned tasks in a satisfactory manner.
DOT shall have the right to refuse any such inmate for use in subsequent work
assignments. All such action shall be followed up by providing written notification
to FOC from the Maintenance Engineer or designee.
I.

DOT may train its employees to administer first aid and will provide first aid
assistance to the extent of their training. DOT will provide first aid to FOC inmates
on the same basis as that provided to DOT employees and will promptly transport an
injured inmate to a doctor or hospital should such care be needed. DOT supervisors
shall immediately report all inmate injuries to FOC, regardless of severity. Medical
related complaints made by inmates to DOT shall be reported to FOC as soon as
possible.

J.

DOT shall provide notification in writing to FOC, when appropriate, when an FOC
supervisor fails to follow DOT rules, regulations, policies, and procedures pertaining
to the performance and production rate of assigned work.

k. DOT agrees to pay FDC for services described herein at a rate of compensation as
detailed in Addendum B. Payment shall be made only after receipt and approval of
goods and services as provided in Section 215.422, Florida Statutes.
5. Legislative Appropriation. So long as there is legislative appropriation for DOT to use
inmate labor as provided in Section 339.08(2) Florida Statutes, DOT will maintain or

5

expand usage of inmate labor so that FOC will receive any appropriation dollars for
inmate labor as provided by the Legislature.
6. Use of FDC Crews. It is understood that FOC is performing work under contract with
DOT. DOT is expanding its use of asset maintenance contractors to manage and operate
its transportation system. DOT and FOC agree to utilize FOC crews as has been done
historically. DOT's contractual administrative responsibilities may be performed by an
asset maintenance contractor. This Agreement and its incumbent responsibilities are
directly between DOT and FOC, and DOT will continue to make payment directly to
FOC for work performed under this Agreement.

B. FOC's Responsibilities
1. Required Number of Inmates.
FOC shaJI provide the required number of
minimum/community custody inmates each workday during Fiscal Year 2011-2012. The
ratio shall not to exceed fourteen (14) inmates per DOT supervisor. The inmates provided
shall exclude those classes of inmates listed in subsections (4) and (5) of Rule 33601.202, Florida Administrative Code, as provided by Section 946.40(4), Florida
Statutes, and no person convicted of a sexual battery pursuant to Section 794.011, Florida
Statutes, shall be included among the inmates provided by FDC to DOT under this or any
Local Agreement.
2. Relief Supervisor. FDC shall provide inmates, supervisors, and relief supervisors as is
necessary to accomplish the various work activities established in Local Agreements,
except when the absence of the FDC supervisor is due to illness or when the FOC
supervisor's presence at the institution is necessary due to an emergency situation. Local
FOC will notify the affected DOT yard of a FOC supervisor's absence as soon as
possible. FOC shall make every effort to provide a relief supervisor when the assigned
supervisor must be absent for training, or for approved leave. FDC reI ief supervisors
must be familiar with provisions of the Local Agreement. FOC relief supervisors must
be properly trained in DOT procedures and equipment before assignment to an FOC
supervised crew.
3. EscapeelProblem Inmates. FOC shall be responsible for the apprehension of an escapee
and handling problem inmates. FOC shall provide transportation from the work site to
FOC facilities for inmates who refuse to work, become unable to work, or cause a
disruption in the work schedule. If a replacement is immediately available, FOC shall
provide a replacement inmate when an inmate must be removed from the worksite.
4. Retention of Trained Inmates. FOC shall, to the maximum extent possible, retain the
same inmates assigned to DOT on a day-to-day basis in order to maximize the
effectiveness of previous training.
5. Safety Vests. FOC shall provide safety vests for FOC officers supervising FOC work
crews. FOC shall provide inmates with safety vests and all personal items of clothing
appropriate for the season of the year. All safety vests shaJI be high visibility safety
apparel required per Index 600 (sheet 4 of 13) of the current FOOT Design Standards.

6

6. Food and Drinks. FOC shall provide food and drinks for inmates for the meal
appropriate to the work schedule.
7. Inmate Physical and Mental Ability. FOC shall provide inmates who are physically and
mentally able to perform various work assignments, including manual labor, as outlined
in the Local Agreement.
8. DOT Equipment. FOC shall accept responsibility for all tools, equipment, supplies,
materials, and personal work items (gloves, boots, hard hats, etc.) furnished by DOT. A
hand-receipt shall be signed by the FDC supervisor upon issuance and return of nonexpendable items. FOC shall replace or repair to previous condition any DOT
tools/equipment that are damaged or lost as a result of negligence or abuse by FDC
employees or inmates. FDC is only responsible to replace tools/equipment in proportion
to the damage or loss caused by such negligence or abuse. If an agreement cannot be
reached regarding loss or damage to any tools or equipment, the following dispute
resolution process shall be implemented:
(a) The first level of review will be between the FDC Work Squad Monitor/Supervisor
and the DOT employee assigned as coordinator for the Local Agreement, and/or his
or her designee.
(b) The second level of review will be the FDC Warden or Assistant Warden and the
DOT Maintenance Engineer, and/or his or her designee.
(c) The third level of review will be the FDC Regional Director and the DOT District
Maintenance Engineer, and/or his or her designee.
(d) The fourth and final level of review will be between the FDC Office of Institutions
and the DOT State Maintenance Office.
9. Disciplinary Action. FOC shall be responsible for administering all disciplinary actions
taken against an inmate for infractions committed while under DOT supervision. When
appealable disciplinary action is taken, DOT shall provide witnesses needed to sustain
such action.
10. Inmates Ready to Travel. FDC shall ensure that inmates are ready to travel to work sites
at the appropriate times regardless of temperature or weather, unless notified by DOT of
suspended work operations. The only exception shall be under conditions which would
breach good security practices. FDC shall notify DOT if conditions would breach good
security practices as early as possible. Supplemental Support Labor are expected to be on
time. If they are more than fifteen (15) minutes late, DOT may reduce the supplemental
support payments proportionate to the time not present.
11. Medical Treatment. FOC shall be responsible for the cost of medical treatment for
inmates injured on-the-job.
12. Notification of DOT Supervisor's failure to follow FDC Rules. FOC shall notify DOT in
writing when a DOT supervisor fails to follow FDC rules, regulations, policies and
procedures for providing proper inmate supervision.
13. Accurate Records. FOC shall maintain accurate records of the number of inmates made
available to DOT and the amount of work performed by FDC crews each day. DOT
Crew Report (Form No. 325-010-01) shall be used by FOC to report work completed.

7

The FDC supervisor shall complete the form, sign, and submit it to the DOT supervisor
for review and signature prior to commencement of the following day's work. Any
exceptions to this procedure shall be specified in the Local Agreement.
14. Training Schedule. FDC shall provide DOT with an annual schedule of upcoming initial
training and refresher training courses for non-FDC personnel supervising inmates.
Initial training will be coordinated between the agencies and scheduled as needed.
Training shall be standardized and conducted in each district and shall cover all current
FDC procedures, rules, policies and/or regulations applicable to supervising or working
with inmates as provided in this Agreement. In addition, FDC shall provide the DOT
Local Maintenance Engineer with a copy of the training curriculum as a resource or
referral document. FDC shall provide a Training Certification Card, Form DC6-244, to
each DOT inmate supervisor upon completion of training and prior to assuming
supervision of inmates. Subsequent training sessions shall be scheduled as requested
and/or required. Inmates shall not be supervised by DOT employees who have not
completed the required training and issued a Training Certification Card.
15. Required Commercial Driver's License. FDC shall require all correctional officers
operating DOT vehicles to hold a valid Commercial Driver's License as specified by
Florida Statutes.
16. Alcohol Use and Controlled Substance Testing Program. FDC shall implement and
maintain the federally-mandated Alcohol Use and Controlled Substance (Drug) Testing
Program for any of its correctional officers who are required to operate any DOT vehicles
that are classified as a Commercial Motor Vehicle ("CMV").
The Alcohol Use and Controlled Substance Drug Testing Program must be in compliance
with the provisions of United States Department of Transportation ("USDOT")
Regulation 49 CFR Part 40; Federal Highway Administration ("FHWA") Regulation, 49
CFR Part 382, et.a\.
C. FDC and DOT mutually agree as follows:
1. FDC and DOT will abide by the rules, regulations, policies and procedures of each
agency as they pertain to the performance of assigned work and the supervision of
assigned inmates under this Agreement.
2. DOT personnel, FDC supervisors, and inmates, shall be available on a 24-hour basis in
the event of emergencies. Upon notification, FDC shall be expected to respond to
emergencies within a reasonable period of time.
3. Changes in normal working hours as established by Local Agreement for FDC
supervisors must be approved by FDC and, as appropriate, the Department of
Management Services prior to making a change in the work schedule. Upon two weeks'
notice and approval of FDC and the Department of Management Services, the schedule
of work hours may be changed to accommodate the needs of DOT.
4. FDC and DOT shall designate a local supervisory employee from each FDC and DOT
facility that is the subject of the Local Agreement. The designated local supervisory FDC

8

and OOT employees will be responsible for coordinating the daily operation of the
inmates under OOT supervision (e.g., for FOC - the institution work squad
monitor/supervisor and for OOT - the OOT employee assigned to coordinate the Local
Agreement).
5. OOT and FOC agree that the primary duty and responsibility of the FOC supervisor is to
supervise assigned inmates in a manner consistent with FOC's responsibility to maintain
security and protect the public. With the exception of crew cab trucks or other vehicles
utilized to transport the work crew(s), tools and equipment routinely required for the
assigned work activity will be operated by inmates assigned to the work crew. FOC
Supervisors may operate tools and equipment routinely required for the assigned work
activity when there is no inmate on the crew with the competency required and the FOC
supervisor for the work crew determines that his/her operation of the tools and equipment
will not adversely affect his/her primary duties and responsibilities. In any event, an
FOC supervisor's performance in this capacity shall be limited to no greater than five (5)
percent of the FOC supervisor's time. When there is no inmate on the crew with the
competency to operate the required tools and equipment and the FOC supervisor
determines his/her primary responsibilities would be compromised if he/she operated the
equipment, DOT will do one of the following: 1) assign the work crew to another work
activity, if available; or 2) assign a DOT employee, if available, to assist the crew. If a
DOT employee assists the crew, compensation to FOC will be reduced as provided for in
Section III, Item A, 2. If Option 1 or 2 cannot be accomplished, then as a last resort,
DOT will advise FOC that the crew's workday is finished. DOT and FOC will make
every effort to amicably resolve the situation to prevent further interruptions to the work
effort. FOC will expedite the identification of an inmate(s) with the necessary
competency (ies) for assignment to the crew(s).
6. The estimated cost and total allocations reflected in Addendum "B" and "C" shall not
necessarily be construed as a guaranteed payment, nor shall the payment to FOC be
limited to this amount. Total payment shall be based on the actual amount of work
completed and accepted by DOT at the agreed contract unit prices reflected in the Local
Agreement and Addendum "B".
7. OOT shall pay FOC for work completed and accepted. All monthly payments shall be
made by the 15th of the month following the month in which the work was actually
completed and accepted. The total combined payments from OOT to FOC for the fiscal
year shall not exceed the amount earned by FOC during the fiscal year, based on units of
work satisfactorily completed at the established unit prices.
8. FOC and OOT shall:
(a) Prepare individual Local Agreements specifying schedules, activities, quantities and
locations for each FOC facility providing inmate labor to a DOT District.
(b) Establish a total cost for each Local Agreement which is reflective of the work that
FOC can reasonably expect to accomplish based on the FOC supervised crew(s)
and/or supplemental support inmates identified in the Local Agreement.
(c) The Local Agreement shall be signed by the FOC facility Warden and the OOT Unit
Maintenance Engineer.
(d) All Local Agreements shall be attached to and become a part of this Agreement. The
Individual Local Agreements may add to and/or expand upon the provisions
9

contained in this Agreement, but shall not modify the intent or contradict the terms of
the provisions contained herein.
(e) Copies of all Local Agreements shall be submitted to the FDC Bureau of Institutional
Support Services, appropriate FDC Regional Office, the DOT District Maintenance
Office, and the DOT Office of Maintenance upon approval by all parties.
9. To maximize the time available for FDC supervised crews to perform their assignments
each regularly scheduled work day, DOT, in coordination with FDC, will plan and
schedule the work of FDC supervised crews to minimize the need for crews to report to
the maintenance yard at the beginning and end of the workday. Work schedules should
be planned in advance and radio communication utilized to coordinate changes in
schedules.
10. Every month, DOT shall prepare a combined summary of the Maintenance Contracts
Payment Submittal that reflects in detail the services received for each FDC facility
providing inmate labor. DOT shall provide the summary of Maintenance Contracts
Payment Submittal to the FDC facility by the 10th of the month following the month in
which the work was performed. FOC will review and verify the accuracy of the
Maintenance Contract Payment Submittal, retain a copy for their records, and return a
copy to DOT.
11. This Agreement, together with Addendum "A", "B", and "c" constitutes the complete
understanding between the DOT and the FOC for the utilization of inmates by DOT, and
supersedes all prior agreements.
12. Bills for fees or other compensation for services or expenses shall be submitted in
sufficient detail for a proper pre-audit and post-audit and bills for travel expenses
specifically authorized by this Agreement shall be submitted and paid in accordance with
the rates specified in Section 112.061, Florida Statutes.
13. DOT and FOC may unilaterally cancel this Agreement in whole or in part, upon one
hundred twenty (120) days written notice, at any time the interest of the respective
agency requires such termination or if an agency were to refuse to allow public access to
documents, papers, letters or other materials subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the agency in conjunction with the Agreement.
14. Any dispute regarding performance under this Agreement shall be resolved informally at
the local level. If the dispute that cannot be resolved informally, DOT and FDC shall
resolve the matter using the following dispute resolution process: (For dispute resolution
regarding tools and equipment see Section III. Item 8. (a-d))
(a) The first level of review will be the FOC Work Squad Monitor/Supervisor and the
DOT employee assigned as coordinator for the Local Agreement and/or his or her
designee.
(b) The second level of review will be the FOC Warden or Assistant Warden and the
DOT Maintenance Engineer and/or his or her designee.
(c) The third level of review will be the FDC Regional Director and the DOT District
Maintenance Engineer and/or his or her designee.
(d) The fourth and final level of review will be the FDC Office of Institutions and the
DOT State Maintenance Office.

10

15. Modifications to this Agreement shall be valid only through execution of a formal
Agreement amendment.
16. It is understood and agreed by the parties hereto that if any part, term, or provision of this
Agreement is by the courts held to be illegal or in conflict with any law of the State of
Florida, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, or provision held to be invalid.
17. Any questions or matters arising under this Agreement as to validity, construction,
enforcement, performance, or otherwise, shall be determined in accordance with the laws
of the State of Florida.
18. Venue for any and all actions arising out of or in any way related to the interpretation,
validity, performance or breach of this Agreement shall lie exclusively in a state court of
appropriate jurisdiction in Leon County, Florida.

IN WITNESS WHEREOF, the parties hereto have caused this Master Agreement to be
executed by their undersigned officials as duly authorized.
STATE OF FLORIDA

STATE OF FLORIDA

Dv:rRTATION

DEPARTMENT OF CORRECTIONS

Edwin G. Buss, Secretary

Ananth Prasad, PE , Secretary

~p~;-\\

Date:---------'-----------

v-----\~ "lq,

FOe Gener~ COW1Se1 ~
As to Form and Legality

Date:

-5 -ci2, -\l

11

" • I~ '\\

ADDENDUM "A"

LOCAL AGREEMENT

This Local Agreement between Department of Transportation, District __,
_
_
Maintenance Yard, hereinafter referred to as DOT, and the Department of Corrections'
_ _ _ _ _ _ _ _ _ _ _, hereinafter referred to as FDC, shall be an attachment to and made a
part of the Master Agreement between the above-mentioned agencies.
DOT agrees to compensate FDC for inmate labor up to the amount of $
for by this Local Agreement for the following activities:
Activity No.

Description

Unit

Unit
Price

Estimated
Quantity

as provided

Total
Cost

LIST EACH ACTIVITY AND RELATED INFORMATION AS SHOWN ABOVE

community and/or minimum custody inmates as supplemental
DOT agrees to supervise
support labor. DOT shall compensate FDC for the above-mentioned number of inmates at the
production wage rate in Addendum "B" of this Agreement per inmate hour for each work day when
that number is made available by FDC, whether used or not as supplemental/support labor by DOT.
If a lesser number than that stated above is made available, compensation shall be for the number
made available. If DOT agrees to supervise a number of inmates that exceeds the above-mentioned
number, compensation shall be for the number stated above plus those in excess of that number.
FDC agrees to provide
correctional officers to supervise _ _ inmates for labor to be
performed as scheduled by DOT. DOT shall compensate FDC for each unit of work satisfactorily
completed at the cost per unit as specified above.
The workweek shall be as follows:
LIST WORK SCHEDULE TO INCLUDE DAYS, HOURS, ETC.

12

Other provision of this Local Agreement is as follows:

LIST ANY OTHER PROVISIONS TO BE INCLUDED IN THE LOCAL AGREEMENT

The effective dates of this Agreement are July 1, 2011, through June 30, 2012. Provisions of this
Local Agreement may be amended by written agreement of the parties. This Local Agreement may
add to an/or expand upon the provisions of the Master Agreement, but shall not modify the intent of
the provisions contained therein.
Agreed to and signed this

day of

, 201

Department of Corrections
Name:
Title:

Department of Transportation
_

Name:

Warden

Title:

Name:
Title:

_
Maintenance Engineer

LEGAL REVIEW:
Major, Work Release
Center (as necessary)

Copies shall be sent to the following offices:
DOT State Maintenance Office
DOT District Maintenance Office
FDC Regional Office, Attention Regional Director
FDC Central Office - Bureau of Classification and Central Records

13

Addendum "B"
DOT LABOR UNIT COST for DEPARTMENT of CORRECTION (FDC) AGREEMENT
Activity
Number
1
028
030
033
411
412
414
421
423
424
425
431
432
433
435

436
437
451
456
457
459
461
464
465
471
482
484
485
487
489
490
492
493
494
497
498
499
519
520
521
522
526
527

Activity Description
Supplemental Support
Facility & Eauipment Maintenance
Down Time
TraininQ
Asphalt Repair (Manual)
Asphalt Repair (Mechanical)
Base Repair
Pressure GroutinQ
Concrete Pavement Joint Repair
Concrete Slope Pavement Joint Repair
Concrete Pavement Surface Repair
Motor Grader Operation
Repairing Non-Paved Shoulders (Manual)
SoddinQ
Seedina, Fertilizing and Mulching
Rework Non-Paved Shoulders, Front Slopes
and Roadside Ditches
Miscellaneous Slope & Ditch Repair
Clean Drainage Structures
Repair or Replace Storm-Side-Cross Drains
Concrete Repair
Concrete Sidewalk Repair
Roadside Ditches, Clean & Reshape
(Mechanical)
Outfall Ditches, Clean & Repair
Mitigation Area Maintenance
Large Machine Mowing
Slope Mowing
Intermediate Machine Mowing
Small Machine Mowing
Weed Control (Manual)
Wildflowers
Fertilizing
Tree Trimming & Removal
Landscaping Area Maintenance
Chemical Weed & Grass Control (Spot
Weeding)
Chemical Weed & Grass Control (Selective
Weeding)
Storm Water Management
Control of Exotic I Invasive Species
Delineators
Signs (Ground Signs 30 Sq. Ft. or Less)
Signs (Ground Signs over 30 Sa. Ft.)
Sign CleaninQ
Guardrail Repair
Fence Repair

Unit Labor
Cost
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

Estimated
Quantity
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0000

TOTAL
Cost
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

10.45
10.45
10.45
10.45
10.45
10.45

0.000
0.000
0.000
0.000
0.000
0.000

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 I
$0.00
$0.00
$0.00
$0.00

Man-hours

(MH)

10.45

0.000

$0.00

Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(IVIH)

10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Units
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

(MH))
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

14

I

Addendum "B"
DOT LABOR UNIT COST for DEPARTMENT of CORRECTION (FDC) AGREEMENT
Activity
Number
530
531
532
534
537
540
541
542
543
544
545
623
701
702
703
704
705
706
707
708
709
710
711
713
714
779
781
783
784
787
805
806
810
825
845
859
861
865
869
888
896
898
901
987

Activity Description
Routine Attenuator Inspection & Service
Attenuator Repair
Pavement Stripinq (Larqe Machine)
Pavement Markinq (Small Machine)
Raised Pavement Markers
Graffiti Removal
Roadside Litter Removal
Road Sweepinq (Manual)
Road Sweepinq (Mechanical)
Rest Area Maintenance
Edging & Sweepinq
Maintenance of Toll Buildinq & Area
Emerqencv Fence Repair
Emergency Installation Traffic Control
Services
Emerqencv Paved Road Repair
Debris Removal
Emeraencv Seedina, Fertilizina, Soddina
Emerqencv Slope & Ditch Repair
Emerqencv Storm Draininq Cleaninq
Emerqency Delineator / Attenuator Repair
Emerqencv Liqhtinq Repair
Emerqencv Pavement Markinq / Stripinq
Emerqencv Bridqe Repair
Emergency Non-Pave Road Repair
Flood Abatement
Motorist Aid Callbox Maintenance
Weight Station Building & Grounds
Maintenance
Railroad Crossinq Maintenance
Railroad Siqnal Maintenance
Hiqhwav Liqhtinq Maintenance
Bridge Joint Repair
Bridge Deck Maintenance & Repair
Bridqe Handrail Maintenance & Repair
Superstructure Maintenance & Repair
Substructure Maintenance & Repair
Channel Maintenance
Routine Bridqe Electrical Maintenance
Routine Bridge Mechanical Maintenance
Movable Bridqe Structural Maintenance
Bridqe Damaqe Repair
Ferrv Slip Maintenance & Repair
Tunnel Maintenance
Bridge Inspection
Traffic Control

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

Unit Labor
Cost
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

Estimated
Quantity
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000

TOTAL
Cost
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Units
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-110urs
Man-hours
Man-hours
Man-hours

15

Addendum "B"
DOT LABOR UNIT COST for DEPARTMENT of CORRECTION (FDC) AGREEMENT
Activity
Number
989
990
991
992
993
994
995
996

Activity Description
Hurricane Preparation Building
Hurricane Preparation Panels & Bridges
Emerqency Maintenance
Periodic Maintenance
Betterment
Work Performed for Other State Agencies
Maintenance Support Services
Miscellaneous Routine Maintenance

Units
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours
Man-hours

16

(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)
(MH)

Unit Labor
Cost
10.45
10.45
10.45
10.45
10.45
10.45
10.45
10.45

Estimated
Quantity
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
TOTAL

TOTAL
Cost
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Addendum "C"

DOT DISTRICTS ALLOCATIONS FOR DOT - FDC MASTER AGREEMENT

DOT DISTRICT

FY 11-12 ALLOCATION

I
II
III
IV
V
VI
VII

$3.722Million
$4.731 Million
$2.673Million
$2.002Million
$2.688Million
$1.556Million
$1.774Million

Total FDC Allocation

$19.146Million

17