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Okaloosa County BOCC — December 4, 2012 — Contract between Fl. Dept. of Corrections and Okaloosa County — reading text

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Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. The Agency shall insure any vehicles owned by the Agency used under this Contract. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department’s official payee to whom payment shall be made is as follows: Page 5 of 13 Master Document Revised 01/2011 CONTRACT # WS805 Department of Corrections Bureau of Finance and Accounting Atin: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 Cc. Submission of Invoice(s) The name, address and phone number of the Agency’s official representative to whom invoices shall be submitted to is as follows: Sheri Whitman, Program Technician Okaloosa County, Public Works Resources 1759 South Ferdon Boulevard Crestview, Florida 32536 Telephone: (850) 689-5770 Fax: (850) 689-5786 Email: swhitman@co.okaloosa.fl.us Iv. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address and phone number as indicated, as Contract Manager and Contract Administrator for the Project. A. Department’s Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The position, address and telephone number of the Department’s Contract Manager for this Contract is: Warden Okaloosa Correctional Institution 3189 Little Silver Road Crestview, Florida 32539 Telephone: (850) 689-7927 B. Department’s Contract Administrator The Chief, Bureau of Contract Management and Monitoring is designated Contract Administrator for the Department and is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The address and telephone number of the Department’s Contract Administrator for this Contract is: Page 6 of 13 Master Document Revised 01/2011 CONTRACT # WS805 - Chief, Bureau of Contract Management and Monitoring Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3961 Fax: (850) 488-7189 Cc. Agency’s Representative The name, address and telephone number of the representative of the Agency is: James Puckett Okaloosa County Parks and Recreation 1759 South Ferdon Boulevard Crestview, Florida 32536 Telephone: (850) 689-5772 D. Changes to Designees Tn the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification altached to originals of this Contract. Vv. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws, regulations or increases/decreases in allocations make changes to this Contract necessary. VIL TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by the Agency upon no less than sixty (60) calendar days notice and upon no less than thirty G0) calendar days by the Department, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. In the event of termination, the Department shall be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency for any advance payments, prorated as of the last day worked. Vil. CONDITIONS A. Records The Department and the Agency agree to maintain books, records and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. Page 7 of 13 ~ Master Document Revised 04/2011 CONTRACT # WS805 The Department and the Agency. agree to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department’s or the Agency’s refusal to comply with this provision shall constitute a breach of 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 II], COMPENSATION. Cc. 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 13 Master Document Revised 01/2011 CONTRACT # WS805 H. Utilization of E-Verify As required by State of Florida Executive Order Number 11-116, the Contractor identified in this Contract is required to utilize the U.S. Department of Homeland Security’s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform employment duties pursuant to the Contract, within Florida; and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department. (http:/Awww.uscis.gov/e-verify) Additionally, the Contractor shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security’s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform work or provide services pursuant to this Contract with the Department. BALANCE OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 13 Master Document Revised 01/2011 CONTRACT # WS805 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: FED #: DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution, SIGNED SIGNED BY: . BY: NAME: Kenneth S. Tucker NAME: Jennifer A. 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