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HomeMy Public PortalAbout14-8847 Department of Corrections for Inmate Labor Week Sponsored by: City Manager Resolution No. 14-8847 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE CITY MANAGER TO RENEW THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS FOR INMATE LABOR WORK SQUAD(S), IN AN AMOUNT NOT TO EXCEED FIFTY SEVEN THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS ($57,497.00), A BUDGETED ITEM, PAYABLE FROM ACCOUNT NUMBER 41-541340,FOR A ONE(1)YEAR PERIOD,BEGINNING DECEMBER 15,2014,THROUGH DECEMBER 14,2015,WITH AN OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD; PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City has had an agreement with the Department of Corrections Inmate for Inmate Labor Work Squad(s) for a number of years; and WHEREAS, the current contract for inmate labor between the Florida Department of Corrections and the City of Opa-locka expires on December 14, 2014; and WHEREAS, the City Commission of the City of Opa-locka, desires to renew the current contract for inmate labor with the Florida Department of Corrections; and WHEREAS, the renewal of the current one year Agreement will begin, effective December 15, 2014, and expire December 14, 2015; and WHEREAS, the City Commission of the City of Opa-locks desires to approve renewal of the Florida Department of Corrections Agreement for Inmate Labor Work Squad(s)for an additional year, with a one year renewal option. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Resolution No. 14-8847 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 renew the Agreement with the Florida Department of Corrections to provide Inmate Labor Work Squad(s), for a one (1) year period, with a one (1) year renewal option, in substantially the form attached hereto as Exhibit "A", in an amount not to exceed Fifty Seven Thousand Four Hundred Ninety-Seven Dollars($57,497.00),payable from Account No.41-541340, a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17`h day of September, 2014. AY16<TAYLOR MAYOR Attest to: J nna Flores City Clerk Approved s to form and legal sufficiency: g U.Z7_ Jos h S. eller Gd EN OON MARDER PA City Attorney Resolution No. 14-8847 Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER SANTIAGO Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES R!~CEIViEp CITY Ci.ER,�' 2014 SEP 12 Pn 3: 28 City of Opa-Locka Agenda Cover Memo Commission Meeting 09/24/2014 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1St Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Account#41-541340 PWD Roads and Streets: (EnterX in box) X Budgeted: X Yes Other Contracted Services No Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Gist the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational D Bus.&Economic Dev D 1. Contract is required in order to Public Safety receive inmate labor services for Quality of Education D the City of Opa-locka. Qual.of Life&City Image Communcation D Sponsor Name City Manager Department: Public Works Short Title: Work Squad Contract #WS941 between the Department of Corrections and the City of Opa-locka for Inmate labor services. Staff Summary: The current Work Squad, WS#787 contract for inmate labor services between the Florida Department of Corrections and the City of Opa-locka is scheduled to expire December 14, 2014. Work Squad, WS#941 agreement will commence on 12/15/14 and expire on 12/14/15. The contract provides and defines the parameters for contract renewal, the scope of services, both parties' responsibilities, compensation and conditions. Page 1 1 Proposed Action: Staff recommends approval to continue inmate labor services for the City of Opa-locka. Attachment: 1. Agenda Item. 2. Florida Department of Corrections, #WS787 Contract Expiration Notification (CEN) and Contractor Performance. 3. Florida Department of Corrections, Contract#WS941, Beginning 12/15/14. 4. Resolution No. 13-8712. 5. Florida Department of Corrections, Executed Agreement WS787, Expiring 12/14/14. Page 1 2 li Memorandum To: Mayor Myra L.Taylor Vice-Mayor Jose L. Kelley Commissioner jbetw "Dottie"Johnson Commissioner Imes Commissioner tiago From: Kelvin L. Baker, Sr., City M Date: September 24, 2014 Re: Work Squad Contract WS#9he Department of Corr ections and the City of Opa- locka for Inmate Labor REOUEST: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO RENEW AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS FOR INMATE LABOR WORK SQUAD(S) IN THE AMOUNT NOT TO EXCEED FIFTY SEVEN THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS ($57,497.00) PAYABLE FROM ACCOUNT NUMBER 41-541340 FOR A PERIOD OF A ONE (1) YEAR COMMENCING ON DECEMBER 15, 2014 AND ENDING ON DECEMBER 14, 2015 WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD. THIS ITEM IS BUDGETED. Description: The current Work Squad contract WS#787 for inmate labor between the Florida Department of Corrections and the City of Opa-locka is scheduled to expire December 14, 2014. Work Squad, WS #941contract is for a period of one year beginning December 15, 2014 and expiring December 14, 2015. The contract provides and defines the parameters for contract renewal, scope of services, both parties' responsibilities, compensation and conditions. There is no change in contract cost. Financial Impact: Total cost for WS#941 contract is$57,497.00. No Increase in service cost. Account Number: #41-541340: Public Works Dept.,Roads and Streets; Other Contracted Services Implementation Time Line: Work Squad,WS#941 contract will be effective from 12/15/14 to 12/14/15. Legislative History: Resolution#13-8712 Recommendation(s): Staff recommends approval of contract to continue inmate labor services for the City of Opa-locka. Analysis: State of Florida Department of Corrections Inmate services is utilized by the Public Works Department for the maintenance, repair, and cleaning of city streets, parks, medians and swales, collecting waste materials, trash from roads and streets, and also other duties as required. No change in total annual cost of$57,497.00 for Work Squad,WS#941 contract December 15,2014-December 14, 2015. Attachment(s): 1). Florida Department of Corrections, Contract#WS787 Expiration Notification and Contractor Performance. 2).Florida Department of Corrections,Contract#WS941, Beginning 12/15/14. 3). Resolution#13-8712. 4). Florida Department of Corrections,Executed Agreement#WS787,Expiring 12/14/14. Prepared By: Esin Daniel Abia,Public Works Director Arshad Viqar, Utility Engineer End of Memorandum 21 t e FLORIDA w DEPARTMENT of CORRECTIONS Govemor 1 r£ opt RICK SCOTT Secretary An Equal Opponunhy Employer MICHAEL D.CREWS 501 South Calhoun Street•Tallahassee,FL 32399-2500 http;//www.dc.state.fl.us June 11,2014 Kevin Baker,City Manager City of Opa Locka 780 Fisherman Street,4a.'Floor Opa Locka,Florida 33054 RE: WS787—City of Opa Locka. Dear Mr.Baker: Contract WS787 between the Department of Corrections and the City of Opa Locka will expire on December 14,2014. 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_ If you would be interested in changing this to a multi-year contract,please let me know. 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 11,2014. If you have any questions,please feel free to contact me at(850) 717-3966. Sincerely, Emily M. Phelps Correctional Services Consultant /emp Attachments DEPARTMENT OF CORRECTIONS BUREAU OF PROCUREMENT&SUPPLY CONTRACT EXPIRATION NOTIFICATION DATE: June 11,2014 TO: Kevin Baker,City Manager FROM: Emily Phelps,Correctional Services Consultant RE: Contract WS787:SFRC—City of Opa Locka Work Squad: 1 Correctional Officer,5 Inmates Expires: December 14,2014 NOTE: The above-referenced contract will expire on the above listed date. Please advise of your preference: ❑ Do not renew.Note: Contract will expire on date specified. Process new contract. CONTRACTOR PERFORMANCE Based on monitoring performed during the contract period,please answer the questions below: 1. 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 ❑ No ❑ N/A b. were invoices submitted in the required timeframe? ®Yes ❑ No ❑ N/A c. were services delivered in accordance with the terms &conditions? ®Yes ❑ 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: XXX Excellent Good Satisfactory Unacceptable 90%or better compliance 89%-75%compliance 74%-60%compliance 59%or below If Unacceptable is eck yo requested to rovide an explanation. SIGNED: Date 7/2N /Jq Agency resentative If you have any questions,please contact Emily Phelps at(850)717-3966. PLEASE RETURN THIS FORM AS SOON AS POSSIBLE TO: Emily Phelps, Bureau of Institutional Support 501 South Calhoun Street Tallahassee, Florida 32399-2500 WS Revised 6/07/06 INTERNAL WORKING DOCUMENT CONTRACT#WS941 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. WITNESSETH 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 TERMIRENEWAL A. This Contract shall begin on December 15, 2014 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, 2015, 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, 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 decision to exercise the option to renew should be made no later than sixty(60)days prior to the Contract expiration. Page 1 of 12 Master Document Revised 0312013 CONTRACT#WS941 II. SCOPE OF CONTRACT A. Administrative Functions 1. 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(s) 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 1. Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one(1)Work Squad(s)of up to five(5) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) 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(s)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 Master Document Revised 03/2013 CONTRACT#WS941 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section II., 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. f. 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. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. m. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall 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 Document Revised 0312013 CONTRACT#WS941 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. Depending 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 Department 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 and/or 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 03/2013 CONTRACT#WS941 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. III. COMPENSATION A. Payment to the Department 1. Total Operating Capital To Be Advanced By Agency, as delineated in Section IV., 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 20'h day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 201h 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 03/2013 CONTRACT#WS941 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 Attn: 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: Esin D. Abia, Director Opa Locka Public Works 12950 N.W. 42nd Avenue Opa Locka, Florida 33054 Telephone: (305)953-2829 Fax: (305) 953-2824 Email: eabiakopalockafl.gov 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 South Florida Reception Center 14000 North West 41s`Street Doral, Florida 33178-3003 Telephone: (305) 592-9567 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. Page 6 of 12 Master Document Revised 0312013 CONTRACT#WS941 The address and telephone number of the Department's Contract Administrator for this Contract is: Operations Manager, Contract Administration Bureau of Contract Management and Monitoring 501 South Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850)717-3681 Fax: (850)488-7189 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Kevin L.Baker,City Manager 3400 N.W. 1356i Street,Building`B" Opa-Locka,Florida 33054 Telephone: (305)953-2821 Email:city manager @opalockafl.gov 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 CONTRACT#WS941 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 8of12 Master Document Revised 0312013 CONTRACT#WS941 H. Prison Rape Elimination Act(PREA) The Agency shall report any violations of the Prison Rape Elimination Act(PREA), Federal Rule 28 C.F.R. Part 115 to the Department of Corrections' Contract Manager. 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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N cc :3 Q N a v y Q� o L U m `� `o O-m e 0 o (D a c N — Y ; o U ° c c� w a -C c c u, a g 3 m O N U i C ° O o N N 3 0 c o v o v N vii C 3 N j O � c 3 N o U U N U E (nom m o ;a m m :> o N m cn o o E 3 >, aa)) p v c a) a) Y E a - a w C m 3 m E 3 3 3 _ N N U C -° 0 3 E m a �°— a a C c a Y 3 C N U U C N cn y a) a•C N m m y m N N U m N n 3 N N m m m r-� m U N O ` Q p a O a m E N m m V cn c E Y m E O.:C N 7 O a L m 3 t •c E a Q Q p iE O p G c a� n — a) O y Cl)p �n m � � z cn 3 @c .E � U n w c E L O 3 N N rn N > c 3 Q E c c w N - o a (n w w vi � f' aci E o ° E .� -O E w= c @ C N a a a (D m - p in a cn m E c c c w e o N c �o N ac ' o — E CD Q n N ° c N m C a Q U m N C C C T N .o E .E Y N 3 d O p N C tm m m m c E E 3 n N � U o f n N p L W a) 0 0 0 o m o O > 0 0 m L N T� L CD L EO •� "L- `� �` m O N N L L L C N U m U U (n H .� N f- ° U H U o m N Z a H H F Q o M O N O O a (D > > > CD O O O O O O r a+ r r U) U) y d d CD N d � � c N 'O Q Sponsored by: City Manager Resolution No. 13-8712 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS FOR INMATE WORK SQUAD(S), IN AN AMOUNT NOT TO EXCEED FIFTY SEVEN THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS ($57,497.00), A BUDGETED ITEM, PAYABLE FROM ACCOUNT NUMBER 41-541340, FOR A PERIOD OF ONE(1)YEAR PERIOD,COMMENCING DECEMBER 15, 2013, AND ENDING DECEMBER 14, 2014, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current contract for inmate labor between the Florida Department of Corrections and the City of Opa-locka expires on December 14, 2013; and WHEREAS,renewal of the current one year Agreement will begin December 15,2013,and expire December 14,2014; and WHEREAS,the City Commission of the City of Opa-locka desires to approve renewal of the Florida Department of Corrections Agreement for Inmate Work Squad(s)for an additional year. 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 renew the Agreement with the Florida Department of Corrections to provide Resolution No. 13-8712 Inmate Work Squad(s),for a one(1)year period,substantially in the form attached hereto as Exhibit "A", in an amount not to exceed Fifty Seven Thousand Four Hundred Ninety-Seven Dollars ($57,497.00),payable from Account No. 41-541340,a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of November, 2013. WMA AYLOR MAYOR Attest to: LV"'� Jo a Flores City Clerk Approved a o form and legal s icien cy: ?t."ep Geller EEN POON MARDER, P.A. Aft ey Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES OF c0'FI o FLORIDA DEPARTMENT of J•,, CORRECTIONS Grover°°r FV RICK SCOTT Secretary An hqualOpporitunly Srnployer MICHAEL D.CREWS 501 South Calhoun Street•Tallahassee,FL 32399-2500 http://www.dc.state.fl.us November 25,2013 Kevin Baker,City Manager Office of the City Manaer 780 Fisherman Street,4t Floor Opa-Locka,Florida 33054 RF,: Work Squad Contract WS787,Amendment 41 Dear Mr.Baker: Enclosed is your fully executed original document for your files of Work Squad Contract# WS787, Amendment #1 between the Department of Corrections and your organization. This Contract Amendment renews the Contract for one more year, updates Contract Language and costs,effective December 15, 2013. As a reminder,please be advised: • to include the Contract#(WS787)on all correspondence; • that changes to the scope of services cannot be made except through a formal Contract amendment,executed by both parties,and issued by this office;and • that services may not be provided after the expiration date unless the Contract has been extended or renewed. If there are any questions,please call me at(850) 717-3677. Sincerely, John Dupree GOC II Bureau of Contract Management and Monitoring Enclosure 11-27-13 Pu'i : 15 1A CONTRACT#WS787 Amendment# 1 CONTRACT AMENDMENT BETWEEN THE DEPARTMENT OF CORRECTIONS AND CITY OF OPA LOCKA This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and City of Opa Locka("Agency")to provide for the use of inmate labor in work programs. This Amendment: • renews the Contract for one(1)year pursuant to Section 1.,B.,Contract Renewal; • revises the end date of the Contract referenced in Section 1.,A.,Contract Term;and • replaces Addendum A with Revised Addendum A.effective December 15,2013. Original contract period: December 15,2012 through December 14,2013 In accordance with Section V.,CONTRACT MODIFICATIONS,the following changes are hereby made: 1. Section 1.,A.,Contract Term,is hereby revised to read: A. This Contract began December 15,2012 and shall end at midnight on December 14,2014. This Contract is in its final renewal year. 2. Pursuant to Section 111., Compensation, A., 5, the rate of compensation is amended to reflect the rates indicated in Revised Addendum A. Addendum A is hereby replaced with Revised Addendum A,effective December 15,2013. All other terms and conditions of the original Contract remain in frill force and effect. This Amendment shall begin on the last date of signature by all parties,whichever is later. BALANCE OF PACE INTENTIONALLY LEFT BLANK Page I of 5 CONTRACT#WS787 Amendment# I IN WITNESS THEREOF,the parties hereto have caused this Amendment to be executed by their undersigned officials as duly authorized. AGENCY: CITY F OPA LOCNX SIGNED BY: NAME: Kelvin L. Baker, Sr. TITLE: Cit y Manager DATE: 11/13/13 FEID#: 59-6000394 DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED ��� SIGNED BY: / — V BY: /J/ C� NAME: {Michael D.Crews NAME: nnikr A.Parker TITLE: Secretary TITLE: General Counsel Department o Corrections Department of Corrections DATE: 1/ �J" DATE: 1/f z zI Its Page 2 of 5 Contract Amendment Between Florida Department of Corrections And City of Opa-locka Contract#WS787,Amendment#1 December 15,2013 through December 14,2014 AGENCY:CITY OF OPA-LOCKA At st: Joa na Flores City Clerk Approved as to form and legal sufficiency: T%, N J h! .Geller,City Attorney re"stoon Marder,P.A. 8888888888 8 £ _ os s � w WON z 8 8 IS M 88888888 8 f9WMiRNiANd'► fA g ... H G V � C ♦r iS.E � �m � O_ E ` W p E S � 5mj 6 o® CL ictu IV & g m ®❑ p c V W ` CL E W Q — W y Pow d 1 4 In m Uc CY p V W ZJ _ 8� La aaLa W z Q 5� 550 g 4's 88 888 L-To IA 44 Vl M N w � O I Rim CL r 10 � C ?, lz �e 3 w .. y m � m lei loo 0i tea° •2 O c O O V C H � r 3 v ~ Vm~ O 'S t- aG Dce7 C cibt Ot C 2 i 5 S F 1C S 0) S o y O x Q t Ila -8 W _ � so O m U tt � a m � � � .� C J� � L � � � W N a �r n � m a� m a� Nm mUm m v h A o tu g o^IE w m0 m- 4 R o gc v O W q� � 1, m $ > c m b tS � � ' rm m m o a � v C :0 g $ 'c 'P3c a � 3a mm $ o 11 HAR 8 o O c mom, too O o m �' IL « c 72 a c $ L c m $ m as m c 'c o C H s N Z N jp c « T+ l0 = m •� ma� c � �' � c��.Q ��yj d" o 0 0 4 Z > 5 S SM g `o o` o oc m �645 O► ran' FLORIDA h DEPARTMENT of r CORRECTIONS Govemor r'*c or��� RICK SCOTT Secretary An Equal Opporrunhy Employer KENNETH S.TUCKER 501 South Calhoun Street•Tallahassee,FL 32399-2500 http://www.dc.state.tl.us December 17,2012 Kevin Baker,City Manager City of Opa Locke 12950 N.W. 42"d Avenue Opa Locka, Florida 33054 RE: Work Squad Contract#WS787 Dear Mr. Baker: Enclosed is your fully executed original document for your files of Work Squad Contract #WS787 between the Department of Corrections and your agency. This Contract will replace current Contract#WS622 effective December 15,2012. As a reminder,please be advised: • to include the Contract#(WS787)on all correspondence; • that changes to the scope of services cannot be made except through a formal Contract amendment, executed by both parties, and issued by this office; and • that services may not be provided after the expiration date unless the Contract has been extended or renewed. If there are any questions,please call me at(850) 717-3661. Sincerely, Cristy WIlliams Government Operations Consultant 1 Bureau of Contract Management and Monitoring Enclosure 12-20-12?02 :58 RCVD CONTRACT#WS787 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. WITNESSETH 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: 1. CONTRACT TERM/RENEWAL This Contract shall begin on December 15, 2012 or the last date of signature by all parties, whichever is later. This Contract shall end at midnight one(1)year(s) from the last date of signature by all parties or December 14, 2013, 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, 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 decision to exercise the option to renew should be made no later than sixty(60)days prior to the Contract expiration. Page 1 of 13 Master Document Revised 0112011 CONTRACT#WS787 IL SCOPE OF CONTRACT A. Administrative Functions 1. 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(s) 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 1. Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one (1) Work Squad(s) of up to five (5) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) 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(s)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 2of13 Master Document Revised 01/1011 CONTRACT#WS787 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. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-today 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. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. M. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall 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 13 Master Document Revised 0112011 CONTRACT#WS787 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. Depending 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 Department 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 and/or 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 13 Master Docwnem Revised 0 W01 t CONTRACT#WS787 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. III. 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 20`h day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 201h 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 13 Master Document Revised 01/2011 CONTRACT#WS787 B. Official Pam 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 Attn: 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: Mohammad Nasir,Interim Director,Opa Lock Public Works City of Opa Locka 12950 N.W.42"4 Avenue Opa Locka,Florida 33054 Telephone: (305)953-2829 Fax:(305)953-2824 Email:nasir.mohammad(d)c t oy fopalocka-1,aov 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 South Florida Reception Center 14000 North West 41"Street Doral,Florida 33I78-3003 Telephone: (305)592-9567 Page 6of13 Master Document Revised 0112011 CONTRACT#WS787 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: 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 C. Agency's Representative The name,address and telephone number of the representative of the Agency is: Kevin Baker,City Manager Office of the City Manager 780 Fisherman Street,4"'Floor Opa-Locka,Florida 33054 Telephone:(305)953-2821 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(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. Page 7of13 Master Document Revised 0112011 CONTRACT#WS787 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. 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 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 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. 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 Page 8 of 13 Master Document Revised 0112011 CONTRACT#WS787 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. 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://www.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#WS787 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 WrINES,S THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY 01 OPA LOCKA SIGNED BY: NAME: Kelvin L. Baker, Sr. TITLE: City Manager DATE: 12/13/12 FE1D#: 59-6000394 DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED SIGNED BY: ( BY: f,�UI 9?�ZA-?A� NAME: /Kenneth S.Tucker NAME: Jennifer A.Parker TITLE: Secretary TITLE: General Counsel Department of Corrections Departtmen/t_of Corrections DATE: /Z/— Srz DATE: —r Page 10 of 13 Meer Document Revised 01/2011 Contract Between Florida Department of Corrections And City of Opa-locks Contract #WS787 December 15, 2012 through December 14, 2013 AGENCY: CITY OF OPA-LOCKA Attest: IMA )L-O-� Jqjnna Flores CW Clerk roved for orm and 1 sufficiency: r o e h elle Att rney H 0000000 00 c 0000000 00 c o°o, °o m ? N N O Nd f7 dN in N « $ C W LO F fA W,60<A to to 6s 6s > �j r fH m i O d m 0 v 0 Vy 0 0 0 0 0 0 0 0 0 0 e, y 0 4t CO CO GOON C14 0 N m O Q 10 r r M N C7 W It W E '- V ,G O = E c Y m c ,fj O u t 2 a 3 A E l 4 b 6F)- fl f . 0.0 0 mu O a� b m Q N c l4 c p m N O Oi W c ao >1 E x V y O v y 2 � mN Y. M °�" C y N Q Q Q Z H.� Y C C f0 d LY V v ? 0 Z D C: 7 y V w W W N 0 0 e cW CI_co - am ° � nn v L ® . i < m 0 4) m u a 0 o 0 — c Z a �>G N . E N o C L ~ F- E A d 'mo V YC U) - 0 c Q 0 ®I_1 Q m Z a (n N tuo 5 0 0 n = W v �M 00 '0 .F. a w W 3 W D m m C T o E a Q '' 0 m 0 0 � � RZm Q V ovVt � uj V) c c c c 7 O c ;q ;? 0Ow co = off' 0 O co rn V F- W d y CO m p v 0 c G - a) v a U rn m W .g U. a) a) 0 N mo ga0) m cN3mc m 0r- 9 Z Q m e N O c� m o n Y W m e vi > m fD W > V O y d Q ti m qQ1 Oo E m w E t x m y m y •C N W@ C m 0 0 G 3 Y C N .. U W W > N C C ,L 4: C O O ,,., S U = N N y 0 07 C) v m0 LLV M W -o0 � m '� va�~ � c0�ul °yc CO�8 3a �) E o _o, 2 W C 0 m LL Z y c m m U d U o f m � �a a-� tLl io E W m D 0 w — a c € € c o Q > > m c S o > 3 c J y V G .+ W D C7 u Z co m 'c Q O 'c aF in c 0 ', O) m w ) 0 m Q b) ui o > W o C p Q Q m o � .� . E .� UO oQ d m c m N � Y?� °1 �' Z o M 0 ex � = o ��(n!= » I= FO- ~ :�. t- 2 mU V Qom' vo) c0i � � a Fo- co`o W LU 0 c a Z Y Q �. w F- 4 W 99 DD 0 U � w o W W U Z w J o y w W Z — a a > >- 4 x J Z m ~ J a ~ a _� O a U W J N W IX W Z ~ J O c F- Ir m O J U m v w 0 Q Q U w Q d 0 EE a N Q m s o c ,N ° o m X •o V 9 o c w o m L Ec y c ay 'Mm � m U O O — a xa ° 0 vH OL VN C Lr. 'O _ L fa 'a Q CL �p O C � vv m T o m � U � ro row D17 m -0 0 a0i � y cv 0 N W E N m :E wn � cx LD m "0 6 p � w 0 3 3 v o > � �r y � E cla)to' i DEPARTMENT OF CORRECTIONS BUREAU OF PROCUREMENT &SUPPLY CONTRACT EXPIRATION NOTIFICATION DATE: June 11,2014 TO: Kevin Baker,City Manager o FROM: Emily Phelps,Correctional Services Consultant � (7 RE: Contract WS787: SFRC—City of Opa Locka M Work Squad: 1 Correctional Officer,5 Inmates N �? Expires: December 14,2014 NOTE: The above-referenced contract will expire on the above listed date. PO Please advise of your preference: co ❑ Do not renew. Note: Contract will expire on date specified. Process new contract. CONTRACTOR PERFORMANCE Based on monitoring performed during the contract period, please answer the questions below: 1. 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 ❑ No ❑ N/A b. were invoices submitted in the required timeframe? Yes ❑ No ❑ N/A c. were services delivered in accordance with the terms &conditions? ®Yes ❑ 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: Excellent Good Satisfactory Unacceptable Y 90% or better compliance 89%-75% compliance 74%-60% compliance 59% or below If Unacceptable is hecke ,yo a requested to rovide an explanation. SIGNED: Date 7i2y l Agency 111r esentative If you have any questions,please contact Emily Phelps at(850)717-3966. PLEASE RETURN THIS FORM AS SOON AS POSSIBLE TO: Emily Phelps, Bureau of Institutional Support 501 South Calhoun Street Tallahassee, Florida 32399-2500 WS Revised 6/07/06 INTERNAL WORKING DOCUMENT CONTRACT#WS941 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. WITNESSETH 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: L CONTRACT TERM/RENEWAL A. This Contract shall begin on December 15, 2014 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, 2015, 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, 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 decision to exercise the option to renew should be made no later than sixty(60)days prior to the Contract expiration. Page 1 of 12 Master Document Revised 0312013 CONTRACT#WS941 II. SCOPE OF CONTRACT A. Administrative Functions 1. 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(s) 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 1. Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (l) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one(1) Work Squad(s)of up to five(5) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) 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(s)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 Master Document Revised 0312013 CONTRACT#WS941 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section II., 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. f. 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. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. m. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall 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 Document Revised 03/2013 CONTRACT#WS941 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. Depending 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 Department 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 and/or 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 03/2013 CONTRACT#WS941 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. III. COMPENSATION A. Payment to the Department I. Total Operating Capital To Be Advanced By Agency, as delineated in Section IV., 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 20`h day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20`h 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 03/2013 CONTRACT#WS941 B. Official Pavee 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 Attn: 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: Esin D. Abia, Director Opa Locka Public Works 12950 N.W. 42 Avenue Opa Locka, Florida 33054 Telephone: (305)953-2829 Fax: (305)953-2824 Email: eabia e,opalockafl.gov 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 Manama 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 South Florida Reception Center 14000 North West 41"Street Doral, Florida 33178-3003 Telephone: (305) 592-9567 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. Page 6 of 12 Master Document Revised 03/2013 CONTRACT#WS941 The address and telephone number of the Department's Contract Administrator for this Contract is: Operations Manager, Contract Administration Bureau of Contract Management and Monitoring 501 South Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3681 Fax: (850)488-7189 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Kevin L. Baker,City Manager 3400 N.W. 135 'Street,Building"B" Opa-Locka,Florida 33054 Telephone: (305)953-2821 Email:city_manager @opalockafl.gov 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 CONTRACT#WS941 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 II1, 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#WS941 H. Prison Rape Elimination Act(PREA) The Agency shall report any violations of the Prison Rape Elimination Act(PREA), Federal Rule 28 C.F.R. Part 115 to the Department of Corrections' Contract Manager. 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. 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 CONTRACT BETWEEN FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF OPA-LOCKA Contract#WS941 December 15, 2014 through December 14, 2015 AGENCY: CITY OF OPA-LOCKA Attest: Joanna Flores City Clerk Approved as to form and legal sufficiency: Joseph S. Geller City Attorney W 0 0 0 0 0 0 0 O H O O 0 0 0 0 0 0 0 0 O � 0 O O O a) _t� 0 U m N N LO O O LO = N ` i.i V LO LO lE r M N 't CO h a) 0 M I� c LO LO CU 0 Q fA EA b4 b4 b4<A EA 64 > t t/1 Q EPr 09-r t C ` ++ 00000000 O CO ° y 0 000 0 0 0 0 0 O O E V mNNLO00LO N � O U u0i N 0 _ � � ('') NIT MN O) C - O iF Q .0 � It N CO p c6 O 7 Q V r d c LO v c a Z N O L d Q En EA EA E 9 b4 EA EA ER EA O a 0 O a a) CL 0 W L6 C) x c N o Cu C CL) (1) y_ V W N 0 N p -0 0 M a Cu Z D) O C w•"= C W N >• _ Y W d C U • O> K 0 a E O ? 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Note: Contract will expire on date specified. co [�] Process new contract. CONTRACTOR PERFORMANCE Based on monitoring performed during the contract period, please answer the questions below: 1. 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 ❑ No ❑ N/A b. were invoices submitted in the required timeframe? Yes ❑ No ❑ N/A c. were services delivered in accordance with the terms &conditions? ® Yes ❑ 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: X X Excellent Good Satisfactory Unacceptable 90% or better compliance 89%-75% compliance 74%-60% compliance 59% or below If Unacceptable is hecke ,Tyoe requested to rovide an explanation. SIGNED: Date 7/2y fly Agency i1kresentative If you have any questions,please contact Emily Phelps at(850)717-3966. PLEASE RETURN THIS FORM AS SOON AS POSSIBLE TO: Emily Phelps, Bureau of Institutional Support 501 South Calhoun Street Tallahassee, Florida 32399-2500 WS Revised 6/07/06 INTERNAL WORKING DOCUMENT CONTRACT#WS941 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. WITNESSETH 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: 1. CONTRACT TERMIRENEWAL A. This Contract shall begin on December 15, 2014 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, 2015, 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, 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 decision to exercise the option to renew should be made no later than sixty(60)days prior to the Contract expiration. Page 1 of 12 Master Document Revised 0312013 CONTRACT#WS941 II. SCOPE OF CONTRACT A. Administrative Functions I. 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(s) 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 1. Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position(s)to supervise an inmate work squad(s). This Contract provides for one(1) Work Squad(s)of up to five(5) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) 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(s)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 Master Document Revised 03/2013 CONTRACT#WS941 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section II., 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. f. 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. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. m. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall 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 3of12 Master Document Revised 03/2013 CONTRACT#WS941 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. Depending 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 Department 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 and/or 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 03/2013 CONTRACT#WS941 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. III. COMPENSATION A. Payment to the Department 1. Total Operating Capital To Be Advanced By Agency, as delineated in Section IV., 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 20'1' day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 201h 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 03/2013 CONTRACT#WS941 B. Official Pavee 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 Attn: 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: Esin D. Abia, Director Opa Locka Public Works 12950 N.W. 42nd Avenue Opa Locka, Florida 33054 Telephone: (305)953-2829 Fax: (305)953-2824 Email: eabia(c_opalockafl. og_v 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 South Florida Reception Center 14000 North West 41"Street Doral, Florida 33178-3003 Telephone: (305) 592-9567 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. Page 6 of 12 Master Document Revised 03/2013 CONTRACT#WS941 The address and telephone number of the Department's Contract Administrator for this Contract is: Operations Manager, Contract Administration Bureau of Contract Management and Monitoring 501 South Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3681 Fax: (850)488-7189 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Kevin L.Baker,City Manager 3400 N.W. 135 'Street,Building"B" Opa-Locka,Florida 33054 Telephone: (305)953-2821 Email:city manager @opalockafl.gov 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 7of12 Master Document Revised 03/2013 CONTRACT#WS941 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 8of12 Master Document Revised 03/2013 CONTRACT#WS941 H. Prison Rape Elimination Act(PREA) The Agency shall report any violations of the Prison Rape Elimination Act(PREA), Federal Rule 28 C.F.R. Part ]]5 to the Department of Corrections' Contract Manager. 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. 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 9of12 Master Document Revised 03/2013 CONTRACT BETWEEN FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF OPA-LOCKA Contract#WS941 December 15, 2014 through December 14, 2015 AGENCY: CITY OF OPA-LOCKA Attest: Joanna Flores City Clerk Approved as to form and legal sufficiency: Joseph S. 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