R22-095 1 RESOLUTION NO. R22-095
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
3 THE INTERIM CITY MANAGER TO SIGN A THREE(3)YEAR AGREEMENT WITH
4 COMMAND COUNSELING CENTER, LLC. FOR FIRST RESPONDERS SUPPORT
5 SERVICES, WITH A NOT TO EXCEED $150,000.00 PER YEAR;AND PROVIDING
6 AN EFFECTIVE DATE.
7
8 WHEREAS, in March 2020, The City of Boynton Beach began working with Command
9 Counseling Center, LLC for First Responders support services to the Police and Fire Departments;
10 and
11 WHEREAS, Command Counseling Center, LLC. provides consulting services 365 days of
12 the year 24/7, 45-minute annual check-ins, annual behavioral health testing, psychological
13 counseling, and critical incidents response for both exhaustion crisis and shock crisis; and
14 WHEREAS, Due to the increased usage of the First Responders Support Services, this
15 request includes an increase to the anticipated spend from $100,000.00 to $150,000.00; and
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
17 recommendation of staff, deems it to be in the best interests of the City residents to approve and
18 authorize the Interim City Manager to sign a three (3) year agreement with Command Counseling
19 Center, LLC. for First Responders Support Services, with a not to exceed $150,000.00 per year.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
21 BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. Each Whereas clause set forth above is true and correct and incorporated
23 herein by this reference.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
25 approve and authorize the Interim City Manager to sign a three(3)year agreement with Command
26 Counseling Center, LLC. for First Responders Support Services, with a not to exceed $150,000.00
27 per year. A copy of the Agreement is attached hereto as Exhibit "A".
28 Section 3. That this Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Command Counseling Agreement-Reso.Docx
29 PASSED AND ADOPTED this 5day of July, 2022.
30 CITY OF BOYNTON BEACH, FLORIDA
31
32 YES NO
33 /
34 Mayor—Ty Penserga (/
35
36 Vice Mayor—Angela Cruz
37
38 Commissioner—Woodrow L. Hay l�
39 1/
40 Commissioner—Thomas Turkin
41
42 Commissioner—Aimee Kelley
43
44 VOTE
45 ATTEST:
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FIRST RESPONDERS SUPPORT SERVICES AGREEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND COMMAND COUNSELING CENTER, LLC
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach,FL 33435,hereinafter referred to as"CITY",and Command Counseling Center,LLC
a Limited Liability Company authorized to do business in the State of Florida, with a business address of
1375 Gateway Blvd, Suite 8, Boynton Beach, FL 33426, hereinafter referred to as the "VENDOR".
In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as
set forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide support services to first
responders in the Police and Fire Departments.
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the clinical consultation
services. See Attachment A for complete list of support services.
3. TIME FOR PERFORMANCE. Work under this Agreement shall be available 365 day of the year,
24/7. VENDOR shall perform all services and provide all work product required pursuant to this
Agreement.
4. TERM. The initial Agreement period shall be for an initial term of three (3) years, commencing on
7/6/2022 and shall remain in effect through 7/5/2025. The CITY reserves the right to renew the
agreement for three(3)one-year renewals subject to vendor acceptance, satisfactory performance as
determined by the CITY,and determination by the CITY that renewal will be in the best interest of the
CITY.
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to
the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the
total contract price without express written modification of the Agreement signed by the CITY
Manager or designee.
B. The VENDOR may submit invoices to the CITY once per month during the progress of the work
for partial payment. Such invoices will be checked by the CITY, and upon approval thereof,
payment will be made to the VENDOR in the amount approved.
C. Final payment of any balance due the VENDOR of the total contract price earned will be made
promptly upon its ascertainment and verification by the CITY after the completion of the work
under this Agreement and its acceptance by the CITY.
D. Payment as provided in this section by the CITY shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
{00464442.1 306-900182])
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain a minimum
coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/
and $1,000.000 per occurrence/aggregate for property damage. The general liability
insurance shall include the CITY as an additional insured and shall include a provision
prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of $1,000,000 combined single limit for bodily injury and property
damage liability to protect the VENDOR from claims for damage for bodily and personal
injury, including death,as well as from claims for property damage, which may arise from
the ownership, use of maintenance of owned and non-owned automobile,included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability(Errors and Omissions)Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3)years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will
be considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers,officials,employees or volunteers.A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or cancelled by either party, reduced in coverage in limits except after thirty(30)days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall
not be responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR,to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person,other
than a bona fide employee working solely for the VENDOR any fee, commission, percentage,
brokerage fee,gifts,or any other consideration contingent upon or resulting from the award or making
of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this
contract without liability or, in its discretion to deduct from the contract price or consideration, or
{0(464442 1 306.90u182 I{ 3
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by
law;
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and,following completion of the contract, VENDOR shall destroy all copies of such
confidential and exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all
public records in VENDOR's possession All records stored electronically by VENDOR must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that
is compatible with the information technology systems of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVE.
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CITYCLERK@BBFL.US
20. SCRUTINIZED COMPANIES. By execution of this Agreement,VENDOR certifies that VENDOR is not
participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,and
not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in
state law,the CITY will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of contract. The
CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false
certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term,VENDOR shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If VENDOR does not demonstrate that the
CITY's determination of false certification was made in error then the CITY shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
21. E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor"means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange
(00464442.1 306-900182!) 5
IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year
written below.
DATED this') day of J , 2022.
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CITY OF BOYNTON BEACH COMM.ND COUNSELING CENTER,LLC
JCrrfes Stables, Interim CityManager 9er
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Michael D. Cirullo, Jr., C'• Attom,ey Witness
SCOPE OF SERVICES
City of Boynton Beach
CLINICAL SERVICES
OFFERED BY:
( COMMAND
COUNSELING CENTER
C (' CONNECT• CARE • CONQUER
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COMMAND COUNSELING CENTER
HEADQUARTERS
2415 Wellington Green Drive
WELLINGTON, FLORIDA 33414
866-UCOMAND
866-826-6263
SUPPORT SERVICES TO BE DELIVERED
CONSULTING
➢ CCC will be available to City of Boynton Beach's designated staff, via
telephone, for any clinical consultation services 365 days of the year,
24/7. These may include, but are not limited to, referrals to private
practice or treatment centers, advise on clinical policies and
procedures, assistance with "problem" employees.
> CCC will provide 45-minute annual check-ins with authorized City
participants.
> CCC will provide annual behavioral health testing using the CAT-
MHTM, to be included during authorized participants' annual
occupational exams.
COUNSELING
> CCC will provide psychological counseling. CCC has contracted with
fire industry knowledgeable clinicians throughout the state of Florida
that have completed the Clinician Awareness Training put on by The
Florida Firefighters Safety and Health Collaborative. These clinicians
meet NFPA's 1500 guidelines and have specialties in every aspect
that a firefighter or his/her family member may need. Some
examples are marriage counseling, loss and grief, trauma therapy,
cancer counseling, addiction counseling is just a few.
> Calls will be returned by CCC therapists within 24 hours.
> Appointments will be within 48 hours of the time it was requested.
➢ Clients will not receive a documented diagnosis, unless requested.
➢ Length of therapy is dictated by what is clinically recommended for
optimal results.
•
CRITICAL INCIDENTS
➢ CCC will provide on-call clinical support for critical incidents.
> CCC will deploy within the hour of incident, up to 24 hours.
> A Critical Incident can be a situation faced by employees. Two types
of crises can occur during a Critical Incident. An Exhaustion Crisis is
when an individual has been coping with an intense stressful
situation(s) or event(s) for a long period of time and reaches the point
of exhaustion and cannot cope. A Shock Crisis is when a sudden
change or event such as shooting, fire, assault, etc.
Examples are:
Serious injury, death, or suicide of a fellow co-worker - Shootings -
Any other serious threat to the life of you or your co-worker - Serious
injury or death of a civilian resulting from department's operations -
Any incident in which circumstances are unusual - Any incident in
which sights and sounds are distressing - Any catastrophic
event/major disasters - Rescuing a victim, where pain and suffering is
obvious - Mass casualty event- Knowing the victim - Death, injury, or
abuse of a child - Contact with communicative diseases, e.g.
AIDS/Hepatitis B - Major traffic accident - Death of a close family
member - Sudden Infant Death Syndrome - Toxic chemical
fire/explosion - Extreme attempts where lives are lost - Hostage or
barricaded situation - Physical or Sexual Assault
TRAINING
➢ CCC will provide a wide variety of training classes. This educational
approach can serve as a proactive measure, as well as a follow-up tool,
for the City of Boynton Beach. Classes can be tailored to fit your
specific needs and can range from 2 to 8 hours. Training programs can
provide information and skills that will maximize their ability to
function as a team and to continue to develop productive careers.
• Adrenal Burnout • Alcohol and Drug Awareness in the Workplace
(Substance Abuse) • Anger Management • Borderline Personality Disorder
• Bullying in the Workplace • Burnout-Compassion Fatigue • Burnout &
Secondary Trauma • Conflict Resolution and Assertiveness • Coping with
Change • Creating a Strong Marriage • Crimes Against Children &
Secondary Trauma to Public Safety Personnel • Dealing with Depression
and Suicide Situations • Dealing with Difficult People • Dealing with a
Terminal Illness • Diversity in Public Safety • Divorce - What Price? •
Families in Turmoil • Firing and Layoffs • Generational Differences in
Public Safety Personnel • Grief and Bereavement • Handling Layoffs •
Handling Retirement Concerns • Handling Sleep Difficulties • Handling
Your Anger • Holiday Stress • How to Help Staff in Crisis • How Peer
Support Can I.D. Aggressive Behavior in Peers • Humor in the Workplace
• Hypertensive Sleep Issues • Leadership Resiliency • Listening Techniques
and Communication Skills • Managing Sleep Disorders, Shift Work and
Hypervigilance • Motivating Employees • Overcoming Adversity •
Posttraumatic Growth • Preventing Suicide for Public Safety Personnel •
Professional Conduct for Exceptional Teamwork • Retirement Concerns for
Public Safety Personnel • Self-Image and Care • S.O.S. - Significant Other
Survival • Stress Management • Teaching the Benefits Mindfulness •
Terminal Illness & Grief • The Dynamics of Fear • The Effects of Social
Media on Family and Relationships • The Employee Problem Solver • The
Essentials of Customer Service • The Power of Building Resiliency in Public
Safety Personnel • Understanding Eye Movement Desensitization and
Reprocessing (EMDR) • Understanding Posttraumatic Stress Disorder for
Public Safety Personnel • Understanding the Impact of Medications for
Public Safety Personnel • Wellness Solutions -Ways to Combat Stress •
> ADVANCED PEER SUPPORT TRAINING (Not included in Annual
Fee) is designed to enhance skills learned in the basic Peer Support
course, strengthen current skills of Peer Supporters, introduce new
topics and learn ways to help keep the Peer Support team healthy and
strong. An overview of the signs, symptoms and treatment
recommendations for Posttraumatic Stress Disorder (PTSD) will be
covered, and a treatment option known as Eye Movement
Desensitization and Reprocessing (EMDR) will be identified and
explored. Participants will also learn about Suicide Prevention,
identifying Depression, Anxiety and Substance Abuse and what to do
when faced with a peer who is suffering.
Class Topics
• Understanding PTSD physiologically
• Learn the differences between Posttraumatic Stress and PTSD
• Review Eye Movement Desensitization and Reprocessing (EMDR)
• Develop skills for dealing with suicidal peers
• Develop skills for handling difficult debriefings
• Reinforce basic Peer Support skills
• Discover ways to keep your Peer Support team healthy
PROGRAM OPERATIONAL COST
Upon execution of the agreement between the City of Boynton Beach and
Command Counseling Center (CCC), CCC shall provide the following
services:
A. On-call 24/7/365 Clinical Consulting.
➢ CCC will provide authorized and participating City of Boynton
Beach departments with consulting services:
o Management of all behavioral health issues.
o On Call services: 24/7/365
o Services include, but not limited to: crisis calls, referrals, policy
and procedure consulting, facility or other services
coordination, peer to peer consulting, meetings, interventions.
o Annual 45-minute check-ins as part of their occupational
exams.
B. Clinical Counseling for all fire members and qualified members.
➢ 3 allotted therapy sessions per employee or their qualifying member
per year.
C. Critical Incident support.
➢ CCC will contract with the City of Boynton Beach for 10 hours of
critical incident support a year.
D. Mental Health trainings for the fire staff.
➢ CCC will contract with the City of Boynton Beach to conduct two-
hour mental health trainings semi-annually for three days/3 classes a
day.
E. CCC will introduce the services to all the employees.
•
F. CCC will provide all literature for management and employees i.e.,
brochures, flyers, business cards, etc...
G. CCC will attend one health fair a year.
H. CCC will continue to research best practices for first responders and
tour providers and facilities that provide services.
6/28/2022
Annualized not to exceed: $150,000.00
Marie Guma,PsyD(ABD)
Founder
Command Counseling Center
6/28/2022
The 2021 Florida Statutes
Title XIX
PUBLIC BUSINESS
Chapter 287
PROCUREMENT OF PERSONAL PROPERTY AND SERVICES
View Entire Chapter
287.057 Procurement of commodities or contractual services. —
(1) The competitive solicitation processes authorized in this section shall be used for procurement of
commodities or contractual services in excess of the threshold amount provided for CATEGORY TWO in
s. 287.017.Any competitive solicitation shall be made available simultaneously to all vendors, must
include the time and date for the receipt of bids, proposals,or replies and of the public opening, and
must include all contractual terms and conditions applicable to the procurement, including the criteria
to be used in determining acceptability and relative merit of the bid, proposal,or reply.
(a) Invitation to bid. —The invitation to bid shall be used when the agency is capable of specifically
defining the scope of work for which a contractual service is required or when the agency is capable of
establishing precise specifications defining the actual commodity or group of commodities required.
1. All invitations to bid must include:
a. A detailed description of the commodities or contractual services sought; and
b. If the agency contemplates renewal of the contract, a statement to that effect.
2. Bids submitted in response to an invitation to bid in which the agency contemplates renewal of the
contract must include the price for each year for which the contract may be renewed.
3. Evaluation of bids must include consideration of the total cost for each year of the contract,
including renewal years,as submitted by the vendor.
4. The contract shall be awarded to the responsible and responsive vendor who submits the lowest
responsive bid.
(b) Request for proposals. —An agency shall use a request for proposals when the purposes and uses
for which the commodity,group of commodities,or contractual service being sought can be specifically
defined and the agency is capable of identifying necessary deliverables.Various combinations or
versions of commodities or contractual services may be proposed by a responsive vendor to meet the
specifications of the solicitation document.
1. Before issuing a request for proposals,the agency must determine and specify in writing the reasons
that procurement by invitation to bid is not practicable.
2. All requests for proposals must include:
a. A statement describing the commodities or contractual services sought;
b. The relative importance of price and other evaluation criteria;and
c. If the agency contemplates renewal of the contract, a statement to that effect.
3. Criteria that will be used for evaluation of proposals must include, but are not limited to:
a. Price,which must be specified in the proposal;
b. If the agency contemplates renewal of the contract, the price for each year for which the contract
may be renewed;
c. Consideration of the total cost for each year of the contract, including renewal years, as submitted
by the vendor; and
d. Consideration of prior relevant experience of the vendor.
4. The contract shall be awarded by written notice to the responsible and responsive vendor whose
proposal is determined in writing to be the most advantageous to the state, taking into consideration
the price and other criteria set forth in the request for proposals.The contract file shall contain
documentation supporting the basis on which the award is made.
(c) Invitation to negotiate. —The invitation to negotiate is a solicitation used by an agency which is
intended to determine the best method for achieving a specific goal or solving a particular problem and
identifies one or more responsive vendors with which the agency may negotiate in order to receive the
best value.
1. Before issuing an invitation to negotiate,the head of an agency must determine and specify in
writing the reasons that procurement by an invitation to bid or a request for proposal is not practicable.
2. The invitation to negotiate must describe the questions being explored,the facts being sought, and
the specific goals or problems that are the subject of the solicitation.
3. The criteria that will be used for determining the acceptability of the reply and guiding the selection
of the vendors with which the agency will negotiate must be specified.The evaluation criteria must
include consideration of prior relevant experience of the vendor.
4. The agency shall evaluate replies against all evaluation criteria set forth in the invitation to negotiate
in order to establish a competitive range of replies reasonably susceptible of award. The agency may
select one or more vendors within the competitive range with which to commence negotiations.After
negotiations are conducted,the agency shall award the contract to the responsible and responsive
vendor that the agency determines will provide the best value to the state, based on the selection
criteria.
5. The contract file for a vendor selected through an invitation to negotiate must contain a short plain
statement that explains the basis for the selection of the vendor and that sets forth the vendor's
deliverables and price, pursuant to the contract, along with an explanation of how these deliverables
and price provide the best value to the state.
(2) Prior to the time for receipt of bids, proposals, or replies, an agency may conduct a conference or
written question and answer period for purposes of assuring the vendor's full understanding of the
solicitation requirements.The vendors shall be accorded fair and equal treatment.
(3) If the purchase price of commodities or contractual services exceeds the threshold amount
provided in s. 287.017 for CATEGORY TWO, purchase of commodities or contractual services may not be
made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed
replies unless:
(a) The agency head determines in writing that an immediate danger to the public health, safety, or
welfare or other substantial loss to the state requires emergency action.After the agency head signs
such a written determination, the agency may proceed with the procurement of commodities or
contractual services necessitated by the immediate danger, without receiving competitive sealed bids,
competitive sealed proposals, or competitive sealed replies. However,the emergency procurement shall
be made by obtaining pricing information from at least two prospective vendors,which must be
retained in the contract file, unless the agency determines in writing that the time required to obtain
pricing information will increase the immediate danger to the public health, safety, or welfare or other
substantial loss to the state.The agency shall furnish copies of all written determinations and any other
documents relating to the emergency action to the department.A copy of the written statement shall
be furnished to the Chief Financial Officer with the voucher authorizing payment. The individual
purchase of personal clothing, shelter, or supplies which are needed on an emergency basis to avoid
institutionalization or placement in a more restrictive setting is an emergency for the purposes of this
paragraph, and the filing with the department of such statement is not required in such circumstances.
In the case of the emergency purchase of insurance,the period of coverage of such insurance may not
exceed 30 days, and all such emergency purchases shall be reported to the department.
(b) The purchase is made by an agency from a state term contract procured, pursuant to this section,
by the department or by an agency,after receiving approval from the department, from a contract
procured, pursuant to subsection (1), by another agency.
(c) Commodities or contractual services available only from a single source may be excepted from the
competitive-solicitation requirements. If an agency believes that commodities or contractual services
are available only from a single source, the agency shall electronically post a description of the
commodities or contractual services sought for at least 15 business days.The description must include a
request that prospective vendors provide information regarding their ability to supply the commodities
or contractual services described. If it is determined in writing by the agency, after reviewing any
information received from prospective vendors that the commodities or contractual services are
available only from a single source,the agency shall provide notice of its intended decision to enter a
single-source purchase contract in the manner specified in s. 120.57(3). Each agency shall report all such
actions to the department on a quarterly basis in a manner and form prescribed by the department, and
the department shall report such information to the Governor,the President of the Senate,and the
Speaker of the House of Representatives no later than January 1, 2022, and each January 1 thereafter.
(d) Prescriptive assistive devices for the purpose of medical, developmental, or vocational
rehabilitation of clients are excepted from competitive-solicitation requirements and shall be procured
pursuant to an established fee schedule or by any other method that ensures the best price for the
state,taking into consideration the needs of the client. Prescriptive assistive devices include, but are not
limited to, prosthetics, orthotics, and wheelchairs. For purchases made pursuant to this paragraph,state
agencies shall annually file with the department a description of the purchases and methods of
procurement.
(e) The following contractual services and commodities are not subject to the competitive-solicitation
requirements of this section:
1. Artistic services.As used in this subsection,the term "artistic services" does not include advertising
or typesetting.As used in this subparagraph,the term "advertising" means the making of a
representation in any form in connection with a trade, business, craft,or profession in order to promote
the supply of commodities or services by the person promoting the commodities or contractual services.
2. Academic program reviews if the fee for such services does not exceed $50,000.
3. Lectures by individuals.
4. Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services.
5. Health services involving examination, diagnosis,treatment, prevention, medical consultation, or
administration.The term also includes, but is not limited to, substance abuse and mental health services
involving examination, diagnosis,treatment, prevention, or medical consultation if such services are
offered to eligible individuals participating in a specific program that qualifies multiple providers and
uses a standard payment methodology. Reimbursement of administrative costs for providers of services
purchased in this manner are also exempt. For purposes of this subparagraph,the term "providers"
means health professionals and health facilities,or organizations that deliver or arrange for the delivery
of health services.
6. Services provided to persons with mental or physical disabilities by not-for-profit corporations that
have obtained exemptions under s. 501(c)(3) of the United States Internal Revenue Code or when such
services are governed by Office of Management and Budget Circular A-122. However, in acquiring such
services,the agency shall consider the ability of the vendor, past performance,willingness to meet time
requirements, and price.
7. Medicaid services delivered to an eligible Medicaid recipient unless the agency is directed otherwise
in law.
8. Family placement services.
9. Prevention services related to mental health, including drug abuse prevention programs, child abuse
prevention programs, and shelters for runaways,operated by not-for-profit corporations. However, in
acquiring such services,the agency shall consider the ability of the vendor, past performance,
willingness to meet time requirements, and price.
10. Training and education services provided to injured employees pursuant to s. 440.491(6).
11. Contracts entered into pursuant to s.337.11.
12. Services or commodities provided by governmental entities.
13. Statewide public service announcement programs provided by a Florida statewide nonprofit
corporation under s. 501(c)(6) of the Internal Revenue Code which have a guaranteed documented
match of at least$3 to $1.
(f) Continuing education events or programs that are offered to the general public and for which fees
have been collected which pay all expenses associated with the event or program are exempt from
requirements for competitive solicitation.
(4)(a) An agency may not initiate a competitive solicitation for a product or service if the completion of
such competitive solicitation would:
1. Require a change in law; or
2. Require a change to the agency's original approved budget, as defined in s. 216.011, other than a
transfer authorized in s. 216.292(2) or(3), unless the initiation of such competitive solicitation is
specifically authorized in law, in the General Appropriations Act, or by the Legislative Budget
Commission.
(b) This subsection does not apply to a competitive solicitation for which the agency head certifies that
a valid emergency exists.
(5) An agency must document its compliance with s. 216.3475 if the purchase of contractual services
exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO and such services are not
competitively procured.
(6) If less than two responsive bids, proposals, or replies for commodity or contractual services
purchases are received,the department or other agency may negotiate on the best terms and
conditions.The department or other agency shall document the reasons that such action is in the best
interest of the state in lieu of resoliciting competitive sealed bids, proposals, or replies. Each agency
shall report all such actions to the department on a quarterly basis, in a manner and form prescribed by
the department.
(7) Upon issuance of any solicitation, an agency shall, upon request by the department,forward to the
department one copy of each solicitation for all commodity and contractual services purchases in excess
of the threshold amount provided in s. 287.017 for CATEGORY TWO.An agency shall also, upon request,
furnish a copy of all competitive-solicitation tabulations.The Office of Supplier Diversity may also
request from the agencies any information submitted to the department pursuant to this subsection.
(8)(a) In order to strive to meet the minority business enterprise procurement goals set forth in s.
287.09451, an agency may reserve any contract for competitive solicitation only among certified
minority business enterprises.Agencies shall review all their contracts each fiscal year and shall
determine which contracts may be reserved for solicitation only among certified minority business
enterprises.This reservation may only be used when it is determined, by reasonable and objective
means, before the solicitation that there are capable, qualified certified minority business enterprises
available to submit a bid, proposal, or reply on a contract to provide for effective competition.The
Office of Supplier Diversity shall consult with any agency in reaching such determination when deemed
appropriate.
(b) Before a contract may be reserved for solicitation only among certified minority business
enterprises,the agency head must find that such a reservation is in the best interests of the state.All
determinations shall be subject to s. 287.09451(5). Once a decision has been made to reserve a
contract, but before sealed bids, proposals, or replies are requested,the agency shall estimate what it
expects the amount of the contract to be, based on the nature of the services or commodities involved
and their value under prevailing market conditions. If all the sealed bids, proposals, or replies received
are over this estimate,the agency may reject the bids, proposals, or replies and request new ones from
certified minority business enterprises,or the agency may reject the bids, proposals, or replies and
reopen the bidding to all eligible vendors.
(c) All agencies shall consider the use of price preferences of up to 10 percent, weighted preference
formulas, or other preferences for vendors as determined appropriate pursuant to guidelines
established in accordance with s. 287.09451(4)to increase the participation of minority business
enterprises.
(d) All agencies shall avoid any undue concentration of contracts or purchases in categories of
commodities or contractual services in order to meet the minority business enterprise purchasing goals
in s. 287.09451.
(9) An agency may reserve any contract for competitive solicitation only among vendors who agree to
use certified minority business enterprises as subcontractors or subvendors.The percentage of funds, in
terms of gross contract amount and revenues,which must be expended with the certified minority
business enterprise subcontractors and subvendors shall be determined by the agency before such
contracts may be reserved. In order to bid on a contract so reserved,the vendor shall identify those
certified minority business enterprises which will be utilized as subcontractors or subvendors by sworn
statement.At the time of performance or project completion,the contractor shall report by sworn
statement the payments and completion of work for all certified minority business enterprises used in
the contract.
(10) An agency shall not divide the solicitation of commodities or contractual services so as to avoid
the requirements of subsections (1)-(3).
(11) A contract for commodities or contractual services may be awarded without competition if state
or federal law prescribes with whom the agency must contract or if the rate of payment or the recipient
of the funds is established during the appropriations process.
(12) If two equal responses to a solicitation or a request for quote are received and one response is
from a certified minority business enterprise,the agency shall enter into a contract with the certified
minority business enterprise.
(13) Extension of a contract for commodities or contractual services must be in writing for a period not
to exceed 6 months and is subject to the same terms and conditions set forth in the initial contract and
any written amendments signed by the parties.There may be only one extension of a contract unless
the failure to meet the criteria set forth in the contract for completion of the contract is due to events
beyond the control of the contractor.
(14) Contracts for commodities or contractual services may be renewed for a period that may not
exceed 3 years or the term of the original contract,whichever is longer. Renewal of a contract for
commodities or contractual services must be in writing and is subject to the same terms and conditions
set forth in the initial contract and any written amendments signed by the parties. If the commodity or
contractual service is purchased as a result of the solicitation of bids, proposals,or replies,the price of
the commodity or contractual service to be renewed must be specified in the bid, proposal, or reply,
except that an agency may negotiate lower pricing. A renewal contract may not include any
compensation for costs associated with the renewal. Renewals are contingent upon satisfactory
performance evaluations by the agency and subject to the availability of funds. Exceptional purchase
contracts pursuant to paragraphs (3)(a) and (c) may not be renewed.With the exception of subsection
(11), if a contract amendment results in a longer contract term or increased payments, a state agency
may not renew or amend a contract for the outsourcing of a service or activity that has an original term
value exceeding$5 million before submitting a written report concerning contract performance to the
Governor, the President of the Senate, and the Speaker of the House of Representatives at least 90 days
before execution of the renewal or amendment.
(15)(a) For each contractual services contract,the agency shall designate an employee to function as
contract manager who is responsible for enforcing performance of the contract terms and conditions
and serves as a liaison between the contractor and the agency. The contract manager may not be an
individual who has been employed,within the previous 5 years, by the vendor awarded the contractual
services contract.The primary responsibilities of a contract manager include:
1. Participating in the solicitation development and review of contract documents.
2. Monitoring the contractor's progress and performance to ensure procured products and services
conform to the contract requirements and keep timely records of findings.
3. Managing and documenting any changes to the contract through the amendment process
authorized by the terms of the contract.
4. Monitoring the contract budget to ensure sufficient funds are available throughout the term of the
contract.
5. Exercising applicable remedies, as appropriate, when a contractor's performance is deficient.
(b) Each contract manager who is responsible for contracts in excess of the threshold amount for
CATEGORY TWO must,at a minimum,complete training conducted by the Chief Financial Officer for
accountability in contracts and grant management. The Chief Financial Officer shall evaluate such
training every 5 years to assess its effectiveness and update the training curriculum.The Chief Financial
Officer shall establish and disseminate uniform procedures pursuant to s. 17.03(3)to ensure that
contractual services have been rendered in accordance with the contract terms before the agency
processes the invoice for payment.The procedures must include, but need not be limited to, procedures
for monitoring and documenting contractor performance, reviewing and documenting all deliverables
for which payment is requested by vendors, and providing written certification by contract managers of
the agency's receipt of goods and services.
(c) Each contract manager who is responsible for contracts in excess of$100,000 annually must, in
addition to the accountability in contracts and grant management training required in paragraph (b) and
within 6 months after being assigned responsibility for such contracts, complete training in contract
management and become a certified contract manager.The department is responsible for establishing
and disseminating the training and certification requirements for certified contract managers.Training
must promote best practices and procedures related to negotiating, managing, and ensuring
accountability in agency contracts and grant agreements, which must include the use of case studies
based upon previous audits, contracts, and grant agreements.A certified contract manager must
complete training every 5 years for certification renewal.Training and certification must be coordinated
by the department,and the training must be conducted jointly by the department and the Department
of Financial Services.The department shall evaluate such training every 5 years to assess its
effectiveness and update the training curriculum.
(d) Each contract manager who is responsible for contracts in excess of$10 million annually must, in
addition to the training required in paragraph (b) and the training and certification required in
paragraph (c), possess at least 5 years of experience managing contracts in excess of$5 million annually.
(16) Each agency shall designate at least one employee who shall serve as a contract administrator
responsible for maintaining a contract file and financial information on all contractual services contracts
and who shall serve as a liaison with the contract managers and the department. For a contract of
$500,000 or less annually,the contract administrator may also serve as the contract manager if he or
she has completed the required training. For a contract in excess of$500,000 annually,the contract
administrator may not serve as both the contract administrator and the contract manager.
(17)(a) For a contract in excess of the threshold amount provided in s. 287.017 for CATEGORY FOUR,
the agency head shall appoint:
1. At least three persons to independently evaluate proposals and replies who collectively have
experience and knowledge in the program areas and service requirements for the commodity or
contractual services sought.
2. At least three persons to a negotiation team to conduct negotiations during a competitive sealed
reply procurement.The negotiation team members must collectively have experience and knowledge in
negotiating contracts, contract procurement, and the program areas and service requirements for the
commodity or contractual services sought.
(b)1. If the value of a contract is in excess of$1 million in any fiscal year, at least one of the persons
conducting negotiations must be a certified contract negotiator.
2. If the value of a contract is in excess of$10 million in any fiscal year, at least one of the persons
conducting negotiations must be a Project Management Professional, as certified by the Project
Management Institute.The Project Management Professional shall provide guidance based on his or her
experience,education, and competency to lead and direct complex projects.
3. The department is responsible for establishing and disseminating the certification and training
requirements for certified contract negotiators.Training must ensure that certified contract negotiators
are knowledgeable about effective negotiation strategies, capable of successfully implementing those
strategies, and involved appropriately in the procurement process.The department shall evaluate such
training every 5 years in order to assess its effectiveness and update the training curriculum. A certified
contract negotiator is required to complete training every 5 years for certification renewal. Qualification
requirements for certification must include:
a. At least 12 months' experience as a purchasing agent, contract manager,or contract administrator
for an agency or a local governmental entity where at least 50 percent of the designated duties included
procuring commodities or contractual services, participating in contract negotiation, contract
management, or contract administration, or working as an agency attorney whose duties included
providing legal counsel to the agency's purchasing or contracting staff.
b. Experience during the preceding 5 years in leading at least two federal,state, or local government
negotiation teams through a negotiated procurement,or participation in at least three federal,state, or
local government negotiated procurements.
(18) Any person who supervises contract administrators or contract or grant managers that meet
criteria for certification in subsection (15) shall annually complete public procurement training for
supervisors within 12 months after appointment to the supervisory position.The department is
responsible for establishing and disseminating the training course content required for supervisors and
training shall commence no later than July 1, 2022.
(19)(a)1. Each agency must avoid, neutralize, or mitigate significant potential organizational conflicts of
interest before a contract is awarded. If the agency elects to mitigate the significant potential
organizational conflict or conflicts of interest, an adequate mitigation plan, including organizational,
physical, and electronic barriers,shall be developed.
2. If a conflict cannot be avoided or mitigated, an agency may proceed with the contract award if the
agency head certifies that the award is in the best interests of the state.The agency head must specify in
writing the basis for the certification.
(b)1. An agency head may not proceed with a contract award under subparagraph (a)2. if a conflict of
interest is based upon the vendor gaining an unfair competitive advantage.
2. An unfair competitive advantage exists when the vendor competing for the award of a contract
obtained:
a. Access to information that is not available to the public and would assist the vendor in obtaining the
contract; or
b. Source selection information that is relevant to the contract but is not available to all competitors
and that would assist the vendor in obtaining the contract.
(c) A person who receives a contract that has not been procured pursuant to subsections (1)-(3)to
perform a feasibility study of the potential implementation of a subsequent contract,who participates
in the drafting of a solicitation or who develops a program for future implementation, is not eligible to
contract with the agency for any other contracts dealing with that specific subject matter, and any firm
in which such person has any interest is not eligible to receive such contract. However, this prohibition
does not prevent a vendor who responds to a request for information from being eligible to contract
with an agency.
(20) Each agency shall establish a review and approval process for all contractual services contracts
costing more than the threshold amount provided for in s. 287.017 for CATEGORY THREE which shall
include, but not be limited to, program, financial, and legal review and approval. Such reviews and
approvals shall be obtained before the contract is executed.
(21) In any procurement that costs more than the threshold amount provided for in s. 287.017 for
CATEGORY TWO and is accomplished without competition,the individuals taking part in the
development or selection of criteria for evaluation,the evaluation process, and the award process shall
attest in writing that they are independent of, and have no conflict of interest in,the entities evaluated
and selected.
(22) Nothing in this section shall affect the validity or effect of any contract in existence on October 1,
1990.
(23) An agency may contract for services with any independent, nonprofit college or university which is
located within the state on the same basis as it may contract with any state university or college if the
independent, nonprofit college or university:
(a) Is accredited by the Southern Association of Colleges and Schools; or
(b) Is authorized to operate within this state pursuant to chapter 1005,offers a professional degree,
and is accredited by the Middle States Commission on Higher Education.
(24) The department, in consultation with the Chief Financial Officer and the state chief information
officer, shall maintain a program for online procurement of commodities and contractual services.To
enable the state to promote open competition and leverage its buying power,agencies shall participate
in the online procurement program, and eligible users may participate in the program. Only vendors
prequalified as meeting mandatory requirements and qualifications criteria may participate in online
procurement.
(a) The department may contract for equipment and services necessary to develop and implement
online procurement.
(b) The department shall adopt rules to administer the program for online procurement. The rules
must include, but not be limited to:
1. Determining the requirements and qualification criteria for prequalifying vendors.
2. Establishing the procedures for conducting online procurement.
3. Establishing the criteria for eligible commodities and contractual services.
4. Establishing the procedures for providing access to online procurement.
5. Determining the criteria warranting any exceptions to participation in the online procurement
program.
(c) The department may impose and shall collect all fees for the use of the online procurement
systems.
1. The fees may be imposed on an individual transaction basis or as a fixed percentage of the cost
savings generated. At a minimum,the fees must be set in an amount sufficient to cover the projected
costs of the services, including administrative and project service costs in accordance with the policies of
the department.
2. If the department contracts with a provider for online procurement,the department, pursuant to
appropriation,shall compensate the provider from the fees after the department has satisfied all
ongoing costs.The provider shall report transaction data to the department each month so that the
department may determine the amount due and payable to the department from each vendor.
3. All fees that are due and payable to the state on a transactional basis or as a fixed percentage of the
cost savings generated are subject to s. 215.31 and must be remitted within 40 days after receipt of
payment for which the fees are due. For fees that are not remitted within 40 days, the vendor shall pay
interest at the rate established under s. 55.03(1) on the unpaid balance from the expiration of the 40-
day period until the fees are remitted.
4. All fees and surcharges collected under this paragraph shall be deposited in the Operating Trust
Fund as provided by law.
(25) Each solicitation for the procurement of commodities or contractual services shall include the
following provision: "Respondents to this solicitation or persons acting on their behalf may not contact,
between the release of the solicitation and the end of the 72-hour period following the agency posting
the notice of intended award, excluding Saturdays, Sundays, and state holidays,any employee or officer
of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the
procurement officer or as provided in the solicitation documents. Violation of this provision may be
grounds for rejecting a response."
(26)(a) For each contractual services contract of$5 million or greater,the agency head shall establish a
continuing oversight team after the contract has been awarded.The agency head shall appoint at least
four persons, one of whom must be the certified contract manager,to the continuing oversight team. If
the value of the contractual services contract is$10 million or greater, at least one of the persons on the
continuing oversight team must possess at least 5 years of experience in managing contracts of a similar
scope or size. If the value of the contractual services contract is$20 million or greater,the continuing
oversight team shall consist of at least five persons; at least one of the persons on the continuing
oversight team must be from an agency other than the agency or agencies participating in the contract.
Members of the continuing oversight team must be agency employees and must collectively have
experience and knowledge in contract management, contract administration, contract enforcement,
and the program areas and service requirements for the contractual services purchased.
(b)1. For contracts of$5 million or greater, each continuing oversight team must meet at least
quarterly.
2. For contracts of$10 million or greater, each continuing oversight team must meet at least monthly.
A representative of the contractor must be made available to members of the continuing oversight team
for at least one meeting every calendar quarter to respond to any questions or requests for information
from the continuing oversight team concerning contractor performance.
(c)1. Within 30 days after the formation of the continuing oversight team,the continuing oversight
team must convene an initial meeting with representatives of the contractor to achieve a mutual
understanding of the contract requirements;to provide the contractor with an orientation to the
contract management process; and to provide an explanation of the role of the continuing oversight
team, contract manager, and contract administrator.
2. The continuing oversight team must meet to discuss the status of the contract,the pace of
deliverables,the quality of deliverables, contractor responsiveness, and contractor performance.The
contract administrator must be present at each meeting with the contract file and all applicable financial
information.The continuing oversight team may submit written questions to the contractor concerning
any items discussed during a continuing oversight team meeting.The contractor must respond to the
team's questions within 10 business days after receiving the written questions.The questions and
responses must be included in the contract file.
(d) The continuing oversight team must notify, in writing:
1. The agency head and the department of any deficiency in a contractor's performance which
substantially affects the pace of deliverables or the likelihood of the successful completion of the
contract.
2. The agency head,the department, and the Office of Policy and Budget in the Executive Office of the
Governor of any significant change in contract scope or any increase in the cost of the contract that is 5
percent of the planned contract cost or greater within the fiscal year for contractual service contracts of
at least$5 million.
3. The agency head,the department,the Office of Policy and Budget in the Executive Office of the
Governor, and the legislative appropriations committees of any significant change in contract scope or
any increase in the cost of the contract that is 5 percent of the planned contract cost or greater within
the fiscal year for contractual service contracts of$10 million or greater.
History.-s. 1, ch. 78-4; s. 2, ch. 80-206; s.4, ch. 80-374; s. 1,ch. 82-121; s. 9, ch. 82-196;s. 3, ch. 83-99;
s. 3, ch. 83-192; s. 7, ch. 86-204;s. 9,ch. 88-384; s. 1, ch. 89-377;s. 17, ch. 90-268; s.8,ch. 91-162; s.
251, ch. 92-279;s. 55, ch. 92-326; s. 7, ch.93-161; s. 11, ch.94-322; s. 869, ch. 95-148; s. 6,ch. 96-236; s.
30, ch. 97-153; s. 82, ch. 98-279; s. 11, ch. 99-4;s. 50, ch. 99-8;s.45, ch. 99-399; s. 33,ch. 2000-164;s.
11,ch. 2000-286; s. 56, ch. 2001-61; s. 4, ch. 2001-278; s. 37, ch. 2002-1; s. 15, ch. 2002-207; s. 331, ch.
2003-261; s. 20, ch. 2004-5; ss. 9,58, ch. 2004-269; s. 1, ch. 2005-59; ss. 6, 15, ch. 2005-71; s. 6, ch.
2006-2; s.4, ch. 2006-26; s. 19,ch. 2006-79; s. 25, ch. 2006-195;s. 1,ch. 2006-224; s. 8,ch. 2007-6; s.
15, ch. 2007-105; s. 6,ch. 2008-5; s. 13, ch. 2008-116; s. 5, ch. 2008-153; s.4, ch. 2009-227;s. 9, ch.
2010-4; s. 19, ch. 2010-151; s. 13, ch. 2012-32; ss. 5, 6, ch. 2013-1