Okaloosa County BOCC — April 1, 2014 — WS909 Contract — reading text

in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments, prorated as of last day worked. VII. CONDITIONS A. Records The Agency agrees to: (a) keep and maintain public records that would ordinarily and necessarily be required by the Department to perform the contracted services; (b) allow public access to records in accordance with the provisions of Chapter 119 and 945.10, Florida Statutes; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) meet all requirements for retaining public records and transfer to the Department, at no cost, all public records in the Agency’s possession upon Page 7 of 12 Master Document Revised 03/2013  CONTRACT # WS909 termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the Department’s information technology systems. The Agency’s failure to comply with this provision shall constitute sufficient cause for termination of this Contract. B. Annual Appropriation The Department’s performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of payments as outlined in Addendum A and in Section III, COMPENSATION. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting there from. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. F. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department’s administrative or project staff identified in Section IV, CONTRACT MANAGEMENT, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Page 8 of 12 Master Document Revised 03/2013  CONTRACT # WS909 H. Prison Rape Elimination Act (PREA) The Agency will comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115. The Agency will also comply with all Department policies and procedures that relate to PREA. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: OKALOOSA COUNTY, BOARD OF COUNTY COMMISSIONERS SIGNED BY: NAME: TITLE: DATE: FEID #: DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED SIGNED BY: BY: NAME: Michael D. Crews NAME: Jennifer A. Parker TITLE: Secretary TITLE: General Counsel Department of Corrections Department of Corrections DATE: DATE: Page 9 of 12 Master Document Revised 03/2013  Addendum A Inmate Work Squad Detail of Costs for Okaloosa County, Board of County Commissioners Interagency Contract Number WS909 Effective August 22, 2014 ***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** Per Officer Total Annual Cost Annual Cost I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED-EXPENSES TO BE REIMBURSED BY THE AGENCY: Officers Salary # Officers Multiplier 2 $ 54,194.00 ** $ 108,388.00 Salary Incentive Payment $ 1,128.00 $ 2,256.00 Repair and Maintenance $ 121.00 $ 242.00 State Personnel Assessment $ 354.00 $ 708.00 Training/Criminal Justice Standards $ 200.00 $ 400.00 Uniform Purchase $ 400.00 $ 800.00 Uniform Maintenance $ 350.00 $ 700.00 Training/Criminal Justice Standards * $ 2,225.00 TOTAL - To Be Billed By Contract To Agency $ 58,972.00 $ 113,494.00 *Cost limited to first year of contract as this is not a recurring personnel/position cost. ** Annual cost does not include overtime pay. IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime Hourly Rate of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average benefit package provided by the department, represented as time and one half for purposes of this Contract.) " Number Total Squads Annual Cost II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY: Costs include but may not be limited to the following: Rain coats, staff high visibility safety vest, inmate high visibility safety vest, fire extinguisher, first aid kit, personal protection kit, flex cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect repellants, masks, vaccinations, and other administrative expenses. 2 $ 1,500.00 TOTAL - To Be Billed By Contract To Agency $ 1,500.00 III. ADDITIONAL AGENCY EXPENSES: Tools, equipment, materials and supplies not listed in Section II above are to be provided by the Agency. CELLULAR PHONE WITH SERVICE REQUIRED: YES X NO ENCLOSED TRAILER REQUIRED: YES NO X Addendum A Revised 06-02-03/01-12-04 Page 10 of 12  Addendum A Inmate Work Squad Detail of Costs for Okaloosa County, Board of County Commissioners Interagency Contract Number WS909 Effective August 22, 2014 Per Unit Number Total Bill To Provided Already IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Agency By Agency Exists Hand Held Radio MACOM $4969.00 X 2 $ - X Vehicle Mounted Radio MACOM $5400.00