Fort Walton Beach Council agenda — 08-14-12 regular — reading text

increase/increase/ decrease decrease inin costscosts identifiedidentified inin AddendumAddendum A,A, thisthis ContractContract shallshall hehe amendedamended toto adjustadjust toto suchsuch newnew rates.rates. PagePage 55 ofof 1212 MasterMaster DocumentDocument ReviRevi 01120110112011  13erluo0 suolloano0 ; o luawlreda(3 : 6L9L) £ t-ZL lemauaa 13erlu00000 ZL- 9t-9: luawy3eStl N r CONTRACT # WS777 aw Y B. Official Payee a The name and address of the Department' s official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Ann: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317 -3600 C. 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: Brandy Ferris City of Fort Walton Beach 107 Miracle Strip Parkway, SW Fort Walton Beach, Florida 32548 Telephone: ( 850) 833 -9512 Fax: ( 850) 833- 9640 Email: bferrisnn.fwb.org 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 Colonel Greg Malloy Road Crestview, Florida 32539 Telephone: ( 850) 689 -7927 B. Department' s Contract Administrator The Chief, Bureau of Procurement and Supply 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 12 masterDavmant Rwv 0112011  loeiiuoo suoryoa» o0 to luawpedaO : bL80 E vn lemauaa towwoo 0O0 zt-n 8-: tuawgoepy M CONTRACT # WS777 n.cr YU Chief, Bureau of Procurement and Supply n.A Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399- 2500 Telephone: ( 850) 717 -3700 Fax: ( 850) 488 -7189 C. Agency' s Representative The name, address and telephone number of the representative of the Agency is: Michael D. Beattie, Acting City Manager City of Fort Walton Beach 107 Miracle Strip Parkway, SW Fort Walton Beach, Florida 32548 Telephone: ( 850) 833 -9640 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 the Agency upon no less than sixty (60) calendar days notice and upon no less than thirty ( 30) 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 (retum 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. VII. 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 12 Master D= mmtR isetl DIM11  lawluop suopaammop Io luawlmedap : YLg tl E L- Zt IewauaB 7aeAUO ppp Z t- 6 t- 8 quawyaelltl H CONTRACT # WS777 m a Y u 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 a 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 Appromun 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. Fore Maieure 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. SeverabiBty The invalidity or = enforceability 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 m writing from the Department' s administrative or project staff identified in Section N, 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 Departowat 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, not 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 Madam Document R. v 01011  loerluo0 suotl3ario0 to luamyeda0 : rat) cvzZ lemauaa 13er1uo0 000 zl-4 V8 : luam4oeRV a