HomeMy WebLinkAboutFLDOC #W1082 effective 10-01-16 taltAENT of
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DEPARTMENT of RICK SCOTT
* - * CORRECTIONS Secretary
esT.tabs JULIE L.JONES
501 South Calhoun Street,Tallahassee,FL 32399-2500 http://www.dc.state.fl.us
July 7, 2016
David L. Greene, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
RE: Work Squad Contract#W1082
Dear Mr. Greene:
Enclosed is your fully executed original document for your files of Work Squad Contract #W1082
between the Department of Corrections and your agency. This Contract will replace current Contract
#WS917 effective October 1, 2016.
As a reminder, please be advised:
• to include the Contract#(W1082) 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
John Dupree
GOC II
Bureau of Contract Management and Monitoring
*INSPIRING SUCCESS BY TRANSFORMING ONE LIFE AT A TIME*
CONTRACT#W1082
CONTRACT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CITY OF CAPE CANAVERAL
This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral
("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 Cape Canaveral is a qualified and willing participant with the Department to contract for an
inmate work squad(s); and
WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the
mutual benefits and considerations set forth,the parties hereto covenant and agree as follows:
I. CONTRACT TERM/RENEWAL
A. Contract Term
This Contract shall begin on October 1, 2016, 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
September 30, 2017, 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.
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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), Florida Administrative Code, 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 eight (8)
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
vehicle furnished by the Agency. Unless otherwise specified, the Agency shall
maintain physical custody of all Agency trailers and all tools, equipment, supplies,
materials, and personal work items (gloves, boots, hard hats, etc.) furnished to the
Department by the Agency. The Agency is responsible for the maintenance of all
furnished equipment.
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.
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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.
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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 and is
responsible for the maintenance of said vehicle.
3. Communications Equipment
It is the intent of this Contract that the work squad maintains 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 Security
Operations, 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.
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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 if a trailer is necessary. The Contract Manager shall designate whether
the usage of an enclosed trailer is required on Addendum A.
If a trailer is required, it will be provided by the Agency at no cost to the Department. If the
Department is to maintain control of 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. The Department shall
maintain an inventory of all property, expendable and non-expendable, which is in the
custody and control of the Department. Upon the end or termination of this Contract, the
trailer and any non-expendable items will be returned to the Agency.
III. COMPENSATION
A. Payment to the Department
1. Total Operating Capital To Be Advanced By the 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 the Agency By Contract, as delineated in Section VI., of
Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of
the total amount, due within two (2) weeks after the effective date of the Contract. The second
quarterly payment is due no later than the 20th day of the last month of the first Contract quarter.
Payment for subsequent consecutive quarters shall be received no later than the 20th 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.
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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.
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:
David L. Greene,City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone: (321) 868-1230
Fax: (321) 868-1248
Email: d.greene(a,cityofcapecanaveral.org
IV. CONTRACT MANAGEMENT
The Department will be responsible for the project management of this Contract. The Department has
assigned the following named individuals, address, and phone number as indicated, as Contract Manager and
Contract Administrator for the Project.
A. Department's Contract Manager
The Warden of the Correctional Institution represented in this Contract is designated Contract
Manager for the Department and is responsible for enforcing performance of the Contract terms and
conditions and shall serve as a liaison with the Agency. The position, address, and telephone number
of the Department's Contract Manager for this Contract is:
Warden
Central Florida Reception Center
7000 H.C. Kelley Road
Orlando,Florida 32831
Telephone: (407)207-7777
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B. Department's Contract Administrator
The Contract Administrator 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:
Operations Manager,Contract Administration
Bureau of Contract Management and Monitoring
501 South Calhoun Street
Tallahassee,Florida 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:
David L. Greene, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone: (321) 868-1230
Fax: (321)868-1248
Email: d.greene(icityofcapecanaveral.org
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.
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VII. CONDITIONS
A. Records
The Agency agrees to allow the Department and the public access to any documents, papers, letters,
or other materials subject to the provisions of Chapter 119 and Section 945.10, Florida Statutes,
made or received by the Agency in conjunction with this Agreement. The Agency's refusal to comply
with this provision shall constitute sufficient cause for termination of this Agreement.
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 cannot be resolved informally shall be reduced to writing and delivered
to the Director of Institutional Operations. The Director of Institutional Operations 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, fire,
explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy,
war,riots,civil disturbances,insurrections,strikes,or labor disputes.
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.
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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.
I. Cooperation with Inspector General
In accordance with Section 20.055(5), Florida Statutes, the Agency understands and will comply with its
duty to cooperate with the Inspector General in any investigation,audit,inspection,review,or hearing.
J. Sovereign Immunity
The Agency and the Department are state agencies or political subdivisions as defined in Section
768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of their own agents
or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by either party to which sovereign immunity may be applicable. Further,
nothing herein shall be construed as consent by a state agency or political subdivision of the State of
Florida to be sued by third parties in any matter arising out of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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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 CAPE CANAVERAL
SIGNED
BY: 6 `7.-- )iettb2.,v4—'
NAME: David L. Greene
TITLE: City Manager
DATE: June 22, 2016
FEID#: 59-0974636
DEPARTMENT OF CORRECTIONS Approved as to form and legality,
subject to execution.
SIGNED /j / SIGNED
BY: ' �' BY:, k
t�I�
NAME: Kelley J.Scott '/ NAME: Kenneth S.Steely
TITLE: Director,Office of Administration TITLE: General Counsel
Department of Corrections Department of Corrections
DATE: rill/1(c DATE: o l3 c7//Q
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Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1082 Effective October 1,2016
"`ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY"' Per Officer Total
Annual Cost Annual Cost
I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED-EXPENSES
TO BE REIMBURSED BY THE AGENCY:
Officers Salary #Officer: Multiplier 1 $ 54,194.00 ** $ 54,194.00
Salary Incentive Payment $ 1,128.00 $ 1,128.00
Repair and Maintenance $ 121.00 $ 121.00
State Personnel Assessment $ 354.00 $ 354.00
Training/Criminal Justice Standards $ 200.00 $ 200.00
Uniform Purchase $ 400.00 $ 400.00
Uniform Maintenance $ 350.00 $ 350.00
Training/Criminal Justice Standards * $ 2,225.00
TOTAL-To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00
*Cost limited to first year of contract as this is not a recurring personnel/position cost.
Annual cost does not include overtime pay.
IA.The Overtime Hourly Rate of Compensation for this Contract is$31.85,if applicable. (The Overtime Hourly Rate
of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average benefit
package provided by the department,represented as time and one half for purposes of this Contract.)
Number Total
Squads Annual Cost
II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY:
Costs include but may not be limited to the following:
Rain coats,staff high visibility safety vest,inmate high visibility
safety vest,fire extinguisher,first aid kit,personal protection kit,flex
cuffs,warning signs,handcuffs,Igloo coolers,portable toilets,insect
repellants,masks,vaccinations,and other administrative expenses. 1 $ 750.00
TOTAL-To Be Billed By Contract To Agency $ 750.00
III. ADDITIONAL AGENCY EXPENSES:
Tools,equipment,materials and supplies not listed in Section II above
are to be provided by the Agency.
CELLULAR PHONE WITH SERVICE REQUIRED: YES CxI NO ❑
ENCLOSED TRAILER REQUIRED: YES ❑ NO Eij
Addendum A Revised 06-02-03/01-12-04 Page 11 of 13
Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1082 Effective October 1,2016
Per Unit Number Total Bill To Provided Already
IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Agency By Agency Exists
Hand Held Radio MACOM $4969.00 n $ Li Ll_
Vehicle Mounted Radio MACOM $5400.00 n $
TOTAL Operating Capital To Be Advanced By Agency $ -
Total
V. TOTAL COSTS TO BE ADVANCED BY AGENCY: Cost
1. Operating Capital-from Section IV. $0.00
2. Grand Total•To Be Advanced By Agency At Contract Signing: $0.00
VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: Total
Cost
1. Correctional Officer Salaries and Position-Related Expenses-from Section I. $56,747.00
2. Other Related Expenses and Security Supplies-from Section II. $750.00
3. Grand Total•To Be Billed To Agency By Contract: $57,497.00
VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: I $57,497.00
(Total of Sections V.and VI.)
VIII. OVERTIME COSTS:
If the contracting Agency requests overtime for the work squad which is approved by the Department,
the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime.
Addendum A Revised 06-02-03/01-12-04 Page 12 of 13
Addendum A-INSTRUCTIONS
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1082 Effective October 1,2016
Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed.
By entering the number of Officers required for this contract,the spreadsheet will automatically calculate the"Total Annual Cost"
column. If this Work Squad is beyond the first year of existence,enter a zero(0)in the"Total Annual Cost"
column for"Training/Criminal Justice Standards"after you have entered the"#Officers Multiplier".
Section II. Safety and environmental health procedures require safety measures such as the use of safety signs,vests,and clothing.
The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad
is equipped with a first aid kit and a personal protection equipment(PPE)kit. Section II identifies such required
equipment. A new squad must be sufficiently equipped and an on-going squad must be re-supplied when needed.
Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense
of$750.00 per squad and place the total in Section VI.
Section III. Check"Yes"or"No"to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager.
Section IV. The Department's procedure for Outside Work Squads requires that they have at least one(1)primary means of direct
communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate.
It is preferred that a backup,secondary means of communication also be available. It is the Agency's responsibility to provide them.
If the Department purchases a radio(s),the Agency must fund the purchase at the time the Contract is signed. Check the box for the type
of radio and fill in the Per Unit Cost for the type of radio,Number of Units,and Total Cost columns.Leave the Total Cost column blank if
a radio(s)is not being purchased at this time. Check applicable boxes("Bill to Agency","Provided by Agency"and"Already Exists")for
each radio.
NOTE: 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.
Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out.
Section VI. The total funds the Agency will owe contractually,and pay in equal quarterly payments,will be displayed here.
Section VII. The total funds associated with the Contract,to be paid by the Agency as indicated in Sections V.and VI.,will be displayed here.
Section VIII. Any agreement in this area will be billed separately as charges are incurred.
Addendum A Revised 06-02-03/01-12-04 Page 13 of 13