Okaloosa County BOCC — April 1, 2014 — reading text

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) 682-0931 B. Department’s Contract Administrator The Contract Administrator for the Department 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 12 Master Document Revised 03/2013 Packet Pg. 376  CONTRACT # WS909 Operations Manager, Contract Administration Bureau of Contract Management and Monitoring 501 South Calhoun Street Tallahassee, FL 32399-2500 Phone: (850) 717-3681 Fax: (850) 488-7189 C. Agency’s Representative The name, address and telephone number of the representative of the Agency is: Clay Simmons, Road Division Manager Okaloosa County, Board of County Commissioners 1759 South Ferdon Boulevard Crestview, Florida 32536 Telephone: (850) 689-5770 Fax: (850) 689-5786 E-mail: csimmons@co.okaloosa.fl.us D. Changes to Designees In 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 attached to originals of this Contract. V. 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. VI. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said 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 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 Packet Pg. 377  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 Packet Pg. 378  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 Packet Pg. 379  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