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Home My Public Portal About10-8139 Florida Department of Corrections Sponsored by: City Manager Resolution No. 10-8139 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS TO PROVIDE FOR THE USE OF INMATE LABOR, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,IN AN AMOUNT NOT TO EXCEED FIFTY SIX THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS ($56,467.00), PAYABLE FROM ACCOUNT NO 41-541340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka supplements its cleanup and litter removal efforts by using the services of the Florida Department of Corrections Work Squad; and WHEREAS,the Florida Department of Corrections Work Squad Contract#WS488,for the supplement services expires on December 14, 2010; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the Resolution to authorized the City Manager to renew the Work Squad contract for services to continue for the next twelve months, ending December 14, 2011: NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to enter into a renewal Contract with the Florida Department of Corrections Work Squad Contract#WS488 to continue for another twelve(12)months,ending December 14,2011,to Resolution No. 10-8139 renew the contract agreement with the Florida Department of Corrections to provide for the use of inmate labor, in a form acceptable to the City Attorney, in an amount not to exceed Fifty Six Thousand Four Hundred Sixty-Seven Dollars($56,467.00),payable from Account No.41-541340. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13`h day of October, 2010. IMAGO lifAZ L. KELLEY M OR Attest: Deborah Irby City Clerk Approved as to form and legal sufficiency: � , ,, , 41. . !1 _ Jos S. -11er, Esq. C. y Atto ey Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES 1552975 vl al Ui [[�, g, -t\ Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L.Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Ro e Tydus FROM: Patterson, qty Manager - DATE: July 19, 2010 RE: Florida Department of Corrections Agreement Request: APPROVAL OF A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS TO PROVIDE FOR THE USE OF INMATE LABOR, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN THE AMOUNT NOT TO EXCEEXD FIFTY SIX THOUSAND FOUR HUNDRED SIXTY SEVEN DOLLARS ($56,467.00), PAYABLE FROM ACCOUNT NO.41-541340. Description: THE CITY OF OPA-LOCKA SUPPLEMENTS ITS CLEANUP AND LITTER REMOVAL EFFORT BY USING THE WORK SQUAD FROM THE DEPARTMENT OF CORRECTIONS TO PROVIDE SERVICES SUCH AS CUTTING AND CLEANING OF CANAL BANKS AND OTHER RIGHT OF WAYS. WORK SQUAD CONTRACT #WS488 EXPIRES ON 12/14/2010. THIS RENEWAL WILL ALLOW SERVICES TO CONTINUE TO BE PROVIDED FOR THE NEXT TWELVE MONTHS ENDING ON DECEMBER 14,2011. Account Number: #41-541340,Other Contracted Services Financial Impact: Amount of Contract is $56,467.00. Funds will be taken from Account #41-541340 Implementation Time Line: 12/15/2011 1 Legislative History: Resolution#09-7962 Recommendation(s): City Commission Approval Analysis: None Attachments: 1)Resolution#09-7962 2)Draft Agreement Prepared by: Esin D.Abia End of Memorandum 2 Sponsored by: City Manager Resolution No. 0 9-7 9 6 2 A RESOLUTION OF THE CITY COMIVIISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AMENDMENT TO THE CONTRACT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE USE OF INMATE LABOR IN WORK PROGRAMS,IN AN AMOUNT NOT TO EXCEED FIFTY-SIX THOUSAND FOUR HUNDRED AND SIXTY-SEVEN DOLLARS ($56,467.00), PAYABLE FROM ACCOUNT NO.41-541340 WHEREAS, the City has utilized the inmate labor program to assist the Public Works Department in city-wide clean-up efforts which include litter removal,cutting and cleaning of alleys and rights of way; and WHEREAS, The Florida Department of Corrections and the City of Opa-locka ("City") desire to enter into an amendment to the existing contract which would allow renewal of the existing contract terms for one additional year beginning December 15,2009 and ending December 14,2010; and WHEREAS, the compensation for the contract would not change and would require a renewal payment amount not to exceed Fifty-Six Thousand Four Hundred and Sixty-Seven Dollars ($56,467.00)for continuing the services of the inmate labor program. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMNIISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Sec tion 2. The City Manager is hereby authorized to enter into and execute an amendment to the contract with the Florida Department of Corrections, in substantially the form Resolution No. 0 9-7 9 6 2 attached hereto, for the use of inmate labor work programs in the amount not to exceed Fifty-Six Thousand Four Hundred and Sixty-Seven Dollars ($56,467.00), payable from Account No. 41- 541340. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12 day of NOVEMBER , 2009. JOSEPH L.ICE' L MAYOR Attest: ) Approved as to form and legal sufficiency: eborah S. Irr y Burnadette Norris-Weeks,Esq. City Clerk - City Attorney Moved by: HOLMES Seconded by: TAYLOR Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES Sponsored by: City Manager RESOLUTION NO. 0 8-7 3 6 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE CONTRACT AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS(WS#488),PROVIDING FOR THE USE OF INMATE LABOR SERVICES FOR AN ADDITIONAL YEAR,ENDING DECEMBER 14,2009,IN'1'HE AMOUNT OF FIFTY-SIX THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS ($56,467.00), PAYABLE FROM ACCOUNT NO.41-541340. WHEREAS, the City of Opa-locka("City") has been using inmate labor provided by the Florida Department of Corrections ("FDOC") to perform various work as assigned by the City's Public Works and Utilities Department; and WHEREAS, the inmate labor has been specifically used to assist with City-wide cleanup efforts such as litter removal and cutting of grass in the City's alleys,canal banks and other right-of- ways, as well as performing other duties assigned by the Director of Public Works; and WHEREAS,the present inmate work squad contract agreement between the City and FDOC (WS#437),as authorized by the adoption of Resolution 07-7182,expires on December 14,2008;and WHEREAS,the renewal agreement(WS#488)will allow the City to continue using inmate labor from FDOC in performing these services throughout the City until December 14, 2009; and WHEREAS,the City Commission of the City of Opa-locka("City Commission")desires to continue the use of inmate labor from FDOC in performing these services throughout the City;and WHEREAS, the City Commission desires to authorize the City Manager to enter into and execute the Agreement with the Florida Department of Corrections (WS#488), providing for the continued use of inmate labor services until December 14, 2009. Resolution No. 0 8-7 3 6 6 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMNIISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute the agreement with the Florida Department of Corrections (WS#488),providing for the continued use of inmate labor services for an additional year, ending December 14, 2009, in the amount of Fifty-Six Thousand Four Hundred Sixty-Seven Dollars ($56,467.00), payable from Account No. 41-541340, in substantially the contract form attached hereto, as approved by the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8 day of OCTOBER , 2008. SEPH L .1:LLEY MAYOR Attest: Approved as to form and legal s ►, ciency: .vim Deborah S by B i ade u - orris-Wee City Clerk City Attorney Moved by: JOHNSON Seconded by: MILLER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES DEPARTMENT OF CORRECTIONS BUREAU OF PROCUREMENT&SUPPLY CONTRACT EXPIRATION NOTIFICATION DATE: June 28,2010 TO: Clarance Patterson , City Manager FROM: Emily Phelps,Correctional Services Consultant RE: Contract WS€88:SFRC—City of Opa Locka Work Squad: I Correctional Officer,5 inmates Expires: December 14,2010 NOTE: The above-referenced contract will expire on the above listed date. Please advise of your preference: 0 Do not renew.Note: Contract will expire on date specified. D. Process new contract. CONTRACTOR PERFORMANCE Based on monitoring performed during the contract period, please answer the questions below: I. Did the Work Squad provide services(according to the entire scope of service)outlined in the above-referenced contract: a. were necessary reports provided in the required timeframe? Yes[1 No 0 N/A b. were invoices submitted in the required timeframe? M Yes fl No f N/A . c. were services delivered in accordance with the terms &conditions? X Yes fl No 2. Please explain any"negative"responses and attach documentation, if applicable.\ 3. Rate the overall performance of service as outlined in the Scope of Service under the contract identified above: XX Excellent Good _ Satisfactory Unacceptable 90%or better compliance 89%-75%compliance 74%-60%compliance 59%or below If Unacceptable is checked,you are requestpslti provide an explanation. Date' / A!/ ._ . gency'Representative if you have any questions.please contact Emily Phelps at(850)410-4573. PLEASE RETL"RN THIS FORM AS SOON AS POSSIBLE TO: Emily Phelps,Bureau of Institutional Support 2601 Blair Stone Road Tallahassee,Florida 32399-2500 WS Revised 6/07/06 INTERNAL.WORKING,DOCUMENT FLORIDA 4 DEPARTMENT of . „ . , CORRECTIONS F„ 2- 2 Governor 4 40. CHARLIE CRIST C IP( Secretary An Equal Opporumity Employer WALTER A.MCNEIL 2601 Blair Stone Road•Tallahassee‘FL 32399-2500 httpliwww.dc.state.11.us June 28, 2010 Brian Finnie, City Manager City of Opa Locka 780 Fishermen Street Opa Locka,Florida 33054 RE: WS488 City of Opa Locka Dear Mr. Finnie: Contract WS488 between the Department of Corrections and the City of Opa Locka will expire on December 14,2010. Accordingly. I am attaching a draft Contract and an Addendum A for your review and a Contract Expiration Notification (CEN) form relative to the replacement of this contract. Please review the draft Contract and Addendum A, and print and complete the CEN and return it to my attention no later than Friday. July 23,2010. If you have any questions, please feel free to contact me at (850) 410-4573. Sincerely, $11)1.014„,,Isir .4" /.< Emily M. Phelps Correctional Services Consultant lemp Attachments CONTRACT # WSXXX CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF OPA LOCKA This Contract is between the Florida Department of Corrections ("Department'') and City of Opa Locka ("Agency")which are the parties hereto. W1TNESSETH WHEREAS,.Section 944.10(7)and Section 946.40,Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code,provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS,City of Opa Locka is a qualified and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth,the parties hereto covenant and agree as follows: i. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall begin on December 15, 2010 or the last date of signature by all parties. whichever is later. This Contract shall end at midnight one (1) year from the last date of signature by all parties or December 14, 2011, whichever is later. In the event this Contract is signed by the parties on different dates,the latter date shall control. B. Contract Renewal This Contract may be renewed, at the option of the Agency, for one (1) additional one (1) year period after the initial Contract period upon the same terms and conditions contained herein, The Contract renewal is at the Agency's initiative with the concurrence of the Department. The Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days prior to the Contract expiration: Page 1 of 12 Wester Document Reviser;5/07108 CONTRACT# WSXXX H. SCOPE OF CONTRACT A. Administrative Functions Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate performing services under this Contract between the parties. 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad will be provided by the Department. The Department shall provide one (I) Correctional Work Squad Officer position to supervise an inmate work squad. This Contract provides for one(1) Work Squad of up to five(5) inmates. b. The Department shall ensure the availability of the work squad except: when weather conditions are such that to check the squad out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the officer's presence is required at the institution to assist with an emergency situation; when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position within five(5)working days. c. For security and other reasons, the Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal work items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department shall maintain an inventory of all property, expendable and non-expendable, provided by the Agency, which is in the care, custody, and control of the Department.) A hand receipt shall be signed by the Department's Work Squad Supervisor upon the issuance and return of non-expendable items. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Page 2 of 12 MasterDmonent Revised 5107108 CONTRACT #WSXXX Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV.,these items will be placed on the Department's property records,as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work,or cause a disruption in the work schedule. I. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. j. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k_ The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. I. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. rn. Both parties agree that the Department is making no representations of the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shalt periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c.. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency,or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. Page 3 of 12 Master Dearneret Revised 5.O7 CONTRACT t#WSXXX d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation,tools and equipment belonging to the Agency. e_ The Agency shall provide vehicles for transportation of the work squads. 3. Communications Equipment It is the intent of this Contract that the Work Squad have and maintain communication with the institution at all times. A method of communication(radios,cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Depat tinent or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract,the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Field Support Services, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency that. are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or communications equipment maintenance andlor repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(ies)will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract.shall not be for any purpose other than as indicated in this Contract. Page 4 of 12 Master Document Revised 510.7106 CONTRACT #WSXXX c. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract. Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract.. 4. Other Equipment. The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract and shall notify the Agency when a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer for the work squad is provided by the Agency at no cost to the Department,and the Department. maintains the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. Upon the end or termination of this Contract,the trailer will be returned to the Agency. COMPENSATION A. Payment-to the-Department 1. Total Operating Capital To Be Advanced By Agency, as delineated in Section V., of Addendum A. shall be due and payable upon execution of the Contract. The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the Work Squad. 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks after the effective date of the Contract_ The second quarterly payment is due no later than the 20th day of the last month of the first Contract quarter_ Payment for subsequent consecutive quarters shall be received no later than the 2O day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work 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. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. 5. 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. Page 5 of 12 Master Document Revised 54T08 CONTRACT# WSXXX B. Official Payee 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 telephone number of the Agency's official representative to whom invoices shall be submitted to as follows: Daniel Abia,Public Works Director City of Opa Locka 12950 N.W.42"d Avenue Opa Locka, Florida 33054 Telephone: (305)953-2829 Fax: (305)953-2824 E-mail: eabia(citcitvofoplalocka.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: David Harris, Warden South Florida Reception Center 14000 North West 41 Street Doral,Florida 33178-3003 Telephone: (305)592-9567 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 name, address and telephone number of the Department's Contract Administrator for this Contract is: Page 6 of 12 Master Document Revised 5107/08 CONTRACT# WSXXX Chief, Bureau of Procurement and Supply Florida.Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Telephone: (850)488-6671 Fax: (850)922-8897 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Brian Finnie,City Manager City.of Opa Locka 780 Fishermen Street Opa Locka, Florida 33054 Telephone: (305)953-2829 Fax: (305)953-2824 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 re-visions 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 Contractor 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 (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 the last day worked. VII. CONDITIONS Page 7 of 12 Master Document Revised 5P3 7P08 CONTRACT # 'Vs1SXXX 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. 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 cash 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 shah be liable for less 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 therefrom. E. Severabilitv 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. Page 8 of 12 Master Document Revised V.17$38 CONTRACT #WSXLX 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. 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: CITY OF OPA LOCKA SIGNED BY: NAME: TITLE: DATE: FEID DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. 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