R20-030 1 RESOLUTION NO. R20-030
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE AUTHORIZE THE CITY MANAGER TO SIGN
5 A STATE GRANT AGREEMENT WITH THE FLORIDA
6 DEPARTMENT OF HEALTH (FDOH) FOR THE PURCHASE AND
7 INSTALLATION OF FLUORIDE STORAGE AND FEED
8 EQUIPMENT AT THE CITY'S EAST WATER TREATMENT
9 FACILITY FOR A REIMBURSEMENT AMOUNT OF UP TO
10 $213,137.50; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS,the Funds are being provided by the Florida Department of Health for
14 the City of Boynton Beach to reinstall fluoride addition equipment at the City's East Water
15 Treatment Facility Project; and
16 WHEREAS,the FDOH has allocated$213,137.59 for this project and will be made
17 available through a cost reimbursement grant, which will require execution of the attached
18 grant agreement with the Department of Health; and
19 WHEREAS,Grant funds received will assist with the Utility's implementation
20 of a fluoride feed system for addition to water treated at the East Water Treatment
21 Facility.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission approves and authorizes the City Manager to sign
28 the Grant Agreement with the Florida Department of Health (FDOH) for the purchase and
29 installation of fluoride storage and feed equipment at the City's East Water Treatment Facility
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30 for a reimbursement amount of up to $213,137.50, a copy of the Grant Agreement is attached
31 hereto as Exhibit"A".
32 Section 3. This Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this alt-
day of April, 2020.
34
35
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor—Steven B. Grant
41
42 Commissioner—Justin Katz
43
44 Commissioner—Woodrow L. Hay ✓
45
46 Commissioner—Christina L. Romelus
47
48 Commissioner—Ty Penserga
49
50
51 VOTE 5=0
52
53 ATTEST:
54
55
56
57 C stal Gibson, MMC
58 City Clerk
59
60
61
62 (Corporate Seal)
63
64
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1920 • ; .
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CFDA No.381.0052 STATE OF FLORIDA 0 Client
®Non-Client
CSFA No. N/A DEPARTMENT OF HEALTH
0 Multi-County
STANDARD CONTRACT
THIS CONTRACT is entered into between the State of Florida, Department of Health, hereinafter referred to as the "Department,"
and City of Boynton Beach hereinafter referred to as"Provider,"and jointly referred to as the"parties."
THE PARTIES AGREE:
I. PROVIDER AGREES:
A. To provide services in accordance with the terms specified in Attachment I attached hereto
B. To the Following Governing Law
1. State of Florida Law:This contract is executed and entered into in the state of Florida,and will be construed,performed,and
enforced in all respects in accordance with the laws,rules,and regulations of the state of Florida(State). Each party will perform
its obligations in accordance with the terms and conditions of this contract.
2. Federal Law
a. If this contract contains federal funds,Provider must comply with the provisions of 2 C.F.R.part 200,appendix II,and other
applicable regulations as specified in Attachment I.
b. If this contract includes federal funds that will be used for construction or repairs,Provider must comply with the provisions
of the Copeland"Anti-Kickback"Act(18 U.S.C. section 874),as supplemented by the U.S.Department of Labor regulations
(29 C.F.R.part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). The act prohibits providers from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. All suspected violations must be reported to the Department.
c. If this contract includes federal funds that will be used for the performance of experimental,developmental,or research work,
Provider must comply with 37 C.F.R.,part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms under Governmental Grants,Contracts,and Cooperative Agreements."
d. If this contract contains federal funds and is over$100,000, Provider must comply with all applicable standards, orders, or
regulations of the Clean Air Act, as amended (42 U.S.C. chapter 85) and the Clean Water Act, as amended (33 U.S.C.
chapter 26),President's Executive Order 11738,and Environmental Protection Agency regulations codified in Title 40 of the
Code of Federal Regulations. Provider must report any violations of the above to the Department.
e. If this contract contains federal funding in excess of$100,000, Provider must, prior to contract execution, complete the
Certification Regarding Lobbying form,Attachment IV. If a Disclosure of Lobbying Activities form, Standard Form LLL,is
required, it may be obtained from the Contract Manager. All disclosure forms as required by the Certification Regarding
Lobbying form must be completed and returned to the Contract Manager.
f. Employment of unauthorized aliens is a violation of the Immigration and Naturalization Act, 8 U.S.C. section 1324a, and
such violation will be cause for unilateral cancellation of this contract by the Department. Provider must use the U.S.
Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of
all new employees hired during the contract term by Provider. Provider must also include a requirement in subcontracts that
the subcontractor must use the E-Verify system to verify the employment eligibility of all new employees performing work
or providing services under this contract who are hired by the subcontractor during the contract term. Providers meeting the
terms and conditions of the E-Verify System are deemed to be in compliance with this provision.
g. Provider must comply with President's Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12935), as
amended by President's Executive Order 11375, (32 Fed. Reg. 14303), and as supplemented by regulations at 41 C.F.R.
chapter 60.
h. Provider must comply with the Pro-Children Act of 1994,20 U.S.C. sections 6081-6084,which requires that smoking not be
permitted in any portion of any indoor facility used for the provision of federally funded services including health,day care,
early childhood development,education or library services on a routine or regular basis,to children up to age 18. Provider's
failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for
each violation and the imposition of an administrative compliance order on the responsible entity. Provider must include a
similar provision in any subcontracts it enters under this contract.
i. Health Insurance Portability and Accountability Act of 1996(HIPAA): When applicable,Provider must comply with Federal
Privacy and Security Regulations developed by the U.S.Department of Health and Human Services as specified in 45 C.F.R.
parts 160 and 164 promulgated pursuant to HIPAA, Pub. L. No. 104-191, and the Health Information Technology for
Economic and Clinical Health Act,Title XIII of Division A,Title IV of Division B,Pub.L.No 111-5,collectively referred to
as"HIPAA."
j. Provider is required to submit a W-9 to the Department of Financial Services(DFS)electronically prior to doing business
with the state of Florida via the Vendor Website at https://flvendor.myfloridacfo.com. Any subsequent changes to Provider's
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W-9 must be made on this website;however,if Provider needs to change its Federal Employer Identification Number
(FEID),it must contact the DFS Vendor Ombudsman Section at(850)413-5516.
k. If Provider is determined to be a subrecipient of federal funds,Provider must comply with the requirements of the American
Recovery and Reinvestment Act and the Federal Funding Accountability and Transparency Act,by obtaining a DUNS (Data
Universal Numbering System) number and registering with the federal System for Award Management (SAM). No
payments will be issued until Provider has submitted a valid DUNS number and evidence of registration(i.e., a printed copy
of the completed SAM registration) in SAM to the Contract Manager. To obtain registration and instructions, visit
http://fedgov.dnb.com/webform and www.ccr.gov.
C. Audits,Records(including electronic storage media),and Records Retention
1. To establish and maintain books, records, and documents in accordance with generally accepted accounting procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this
contract.
2. To retain all client records, fmancial records, supporting documents, statistical records,and any other documents pertinent to this
contract for a period of six years after termination of the contract,or if an audit has been initiated and audit findings have not been
resolved at the end of six years,the records must be retained until resolution of the audit findings or any litigation which may be
based on the terms of this contract.
3. Upon completion or termination of this contract and at the request of the Department, Provider must, at its expense, cooperate
with the Department in the duplication and transfer of any said records or documents during the required retention period as
specified in Section I,paragraph C.2.,above.
4. Persons duly authorized by the Department and federal auditors,pursuant to 2 C.F.R. section 200.336,will have full access to and
the right to examine any of Provider's records and documents related to this contract,regardless of the form in which kept,at all
reasonable times for as long as records are retained.
5. To ensure these audit and record keeping requirements are included in all subcontracts and assignments.
6. If Provider is a recipient or subrecipient as specified in Attachment II, Provider will perform the required financial and
compliance audits in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. part 200, subpart F and section 215.97, Florida Statutes, as applicable and conform to the following
requirements:
a. Documentation. Maintain separate accounting of revenues and expenditures of funds under this contract and each Catalog of
State Financial Assistance (CSFA) or Catalog of Federal Domestic Assistance (CFDA) number identified on the attached
Exhibit 1, in accordance with generally accepted accounting practices and procedures. Expenditures which support
Provider's activities not solely authorized under this contract must be allocated in accordance with applicable laws,rules,and
regulations and the allocation methodology must be documented and supported by competent evidence.
b. Maintain sufficient documentation of all expenditures incurred (e.g., invoices, canceled checks, payroll detail, bank
statements,etc.)under this contract which evidences that expenditures are:
1) Allowable under the contract and applicable laws,rules,and regulations;
2) Reasonable;and
3) Necessary for Provider to fulfill its obligations under this contract.
All documentation required by this section is subject to review by the Department and the State's Chief Financial Officer.
Provider must timely comply with any requests for documentation.
c. Annual Financial Report. Submit to the Department an annual financial report stating,by line item,all expenditures made as
a direct result of services provided through this contract within 45 days from the end of each contract year,but no later than
submission of the final invoice for that year. Each report must include a statement signed by an individual with legal
authority to bind Provider,certifying that these expenditures are true,accurate,and directly related to this contract.
d. Ensure that funding received under this contract in excess of expenditures is remitted to the Department within 45 days of the
end of each contract year and the contract end date.
7. Public Records: Keep and maintain public records, as defined by Chapter 119, Florida Statutes that are required by the
Department to perform the services required by the contract. Upon request from the Department's custodian of public records,
provide the Department with a copy of the requested public records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
Ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed,
except as authorized by law for the duration of the contract term and following completion of the contract if Provider does not
transfer the public records to the Department. Upon completion of the contract,transfer to the Department at no cost,all public
records in possession of Provider or keep and maintain public records required by the Department to perform the contract
services. If Provider transfers all public records to the Department upon completion of the contract, Provider will destroy any
duplicate public records that are exempt or confidential and exempt. If Provider keeps and maintains public records upon
completion of the contract, Provider will meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Department,upon request of the Department's custodian of public records,in a format that
is compatible with the information technology systems of the Department. The Department may unilaterally terminate this
contract if Provider refuses to allow access to all public records made or maintained by Provider in conjunction with this
contract, unless the records are exempt from section 24(a) of Art. I of the State Constitution and section 119.07(1), Florida
Statutes. 2
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If the Provider has questions regarding the application of Chapter 119,
Florida Statutes, to the Provider's duty to provide public records relating
to this contract, contact the custodian of public records at (850)245-4005,
PublicRecordsRequest(&,flhealth.2ov or 4052 Bald Cypress Way, Bin A02,
Tallahassee, FL 32399.
8. Coordination of Contracted Services:Pursuant to section 287.0575(2),Florida Statutes,if a Provider has more than one contract
with one or more of the five Florida health and human services agencies(the Department of Children and Families,the Agency
for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, and the Department of Veterans'
Affairs),a comprehensive list of the Provider's health and human services contracts must be submitted to the respective agencies
Contract Manager(s). The list must include the following information: a) The name of each contracting state agency and the
applicable office or program issuing the contract;b)the identifying name and number of each contract;c)the starting and ending
date of each contract; d) the amount of each contract; e) a brief description of the purpose of the contract and the types of
services provided under each contract;f)the name and contact information of the contract manager.
9. Cooperation with Inspectors General: To the extent applicable,Provider acknowledges and understands it has a duty to and will
cooperate with the inspector general in any investigation,audit,inspection,review,or hearing pursuant to section 20.055(5),
Florida Statutes.
D. Monitoring by the Department and Dispute Resolution:
1. Monitoring by the Department:To permit persons duly authorized by the Department to inspect any records,papers,documents,
facilities,goods,and services of Provider,which are relevant to this contract,and interview any clients or employees of Provider to
assure the Department of satisfactory performance of the terms and conditions of this contract. Following the Department's monitoring,
the Department may provide Provider with a written report specifying noncompliance and request a Corrective Action Plan to be carried
out by the Provider.At its sole and exclusive discretion of the Department,the Department may take any of the following actions
including the assessment of financial consequences pursuant to section 287.058(1)(h),Florida Statutes,termination of this contract for
cause,demand the recoupment of funds from subsequent invoices under this contract,or demand repayment pursuant to the terms set
forth in sections I.and V.,which are specifically incorporated herein.
2. Dispute Resolution:Any dispute concerning performance of this Contract or payment hereunder shall be decided by the
Department in writing and submitted to the Provider for review.The decision is fmal unless the Provider submits a written
objection to the Department within 10 calendar days from receipt of the decision. Upon receiving an objection,the Department
shall provide an opportunity to resolve the dispute by mutual agreement between the parties using a negotiation process to be
completed within 7 calendar days from the Department's receipt of the objection.Completion of the negotiation process is a
condition precedent to any legal action by the Provider or the Department concerning this Contract.Nothing contained in this
section is construed to limit the parties'rights of termination pursuant to section III.B.,below.
E. Indemnification
1. Provider is liable for and will indemnify,defend,and hold harmless the Department and all of its officers,agents,and employees
from all claims, suits,judgments, or damages, consequential or otherwise and including attorneys' fees and costs, arising out of
any act,actions,neglect, or omissions by Provider, its agents, or employees during the performance or operation of this contract
or any subsequent modifications thereof,whether direct or indirect,and whether to any person or tangible or intangible property.
2. Provider's inability to evaluate liability or its evaluation of no liability will not excuse Provider's duty to defend and indemnify the
Department within seven days after certified mail or courier delivery notice from the Department. Only adjudication or judgment
after highest appeal is exhausted specifically finding Provider not liable will excuse performance of this provision. Provider will
pay all costs and fees related to this obligation and its enforcement by the Department. The Department's failure to notify
Provider of a claim will not release Provider of the above duty to indemnify. NOTE: This section,I.E,Indemnification,is not
applicable to contracts executed between state agencies or subdivisions,as defined in section 768.28,Florida Statutes.
3. Nothing in this contract shall be construed to require the Department to indemnify the Provider.
F. Insurance: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times
during the existence of this contract and any renewal(s)and extension(s)of it. Upon execution of this contract,unless it is a state agency
or subdivision as defined in section 768.28,Florida Statutes,Provider accepts full responsibility for identifying and determining the
type(s)and extent of liability insurance necessary to provide reasonable financial protections for Provider and the clients to be served
under this contract. The limits of coverage under each policy maintained by Provider do not limit Provider's liability and obligations
under this contract. Upon the execution of this contract,Provider must furnish the Department written verification supporting both the
determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and
operating under the laws of the State. The Department reserves the right to require additional insurance as specified in Attachment I.
G. Safeguarding Information:Not to use or disclose any information concerning a recipient of services under this contract for any
purpose not in conformity with state and federal law except upon written consent of the recipient,or the responsible parent or guardian
when authorized by law.
H. Assignments and Subcontracts
1. To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this
contract without prior written approval of the Department, which will not be unreasonably withheld. Any subcontract,
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assignment, or transfer otherwise occurring will be null and void. In the event the use of subcontracts are allowed,Provider will
remain responsible for all work performed and all expenses incurred in connection with this contract,and shall incorporate the terms of
the Department's Standard Contract,into any and all subcontracts. Further,no subcontracts shall be entered into without prior written
approval of the Department. This contract will bind the successors,assigns,and legal representatives of Provider and any legal entity
that succeeds to the obligations of the Department.
2. Provider will be responsible for all work performed and all expenses incurred for this contract. If the Department permits
Provider to subcontract all or part of the work contemplated under this contract,including entering into subcontracts with vendors
for services or commodities, the Department will not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and Provider will be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract. If the Department permits Provider to subcontract,such permission will be indicated in Attachment I.
3. The Department will at all times be entitled to assign or transfer,in whole or part,its rights,duties,or obligations under this contract to
another governmental agency in the state of Florida,upon prior written notice to Provider.
4. Unless otherwise stated in the contract between Provider and subcontractor,payments made by Provider to the subcontractor must be
within seven working days after receipt of full or partial payments from the Department in accordance with section 287.0585,Florida
Statutes. Failure to pay within seven working days will result in a penalty charged against Provider to be paid by Provider to the
subcontractor in the amount of one-half of one percent of the amount due per day from the expiration of the period allowed herein for
payment. The penalty will be in addition to actual payments owed and will not exceed 15 percent of the outstanding balance due.
L Return of Funds:Return to the Department any overpayments due to unearned funds or funds disallowed and any interest attributable
to such funds pursuant to the terms of this contract that were paid to Provider by the Department. In the event that Provider or its
independent auditor discovers that an overpayment has been made,Provider will repay the overpayment within 40 calendar days without
prior notification from the Department. In the event that the Department first discovers an overpayment has been made,the Department
will notify Provider in writing of such a finding. Should repayment not be made in the time specified by the Department,Provider will
pay interest of one percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or
discovery.The Department reserves the right,in its sole and exclusive discretion,to recoup Provider's unearned funds from any invoice
submitted under this contract or through collection proceedings.
J. Transportation Disadvantaged: If clients are to be transported under this contract,Provider must comply with the provisions of
Chapter 427,Florida Statutes,and Rule Chapter 41-2,Florida Administrative Code. Provider must submit the reports required pursuant
to the Department's Internal Operating Procedure(IOP)56-58-15,Transportation Disadvantaged Procedure.
K. Purchasing
1. Prison Rehabilitative Industries and Diversified Enterprises,Inc.(PRIDE): It is expressly understood and agreed that any articles
which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under
Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in section 946.515(2) and (4),
Florida Statutes;and for purposes of this contract the person, firm,or other business entity carrying out the provisions of this
contract (Provider) shall be deemed to be substituted for this agency (the Department) insofar as dealings with such
corporation are concerned. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of
products and services available from PRIDE may be obtained by contacting PRIDE at 1-800-643-8459.
2. Procurement of Materials with Recycled Content: Any products or materials which are the subject of,or are required to carry out this
contract will be procured in accordance with the provisions of section 403.7065,Florida Statutes.
3. MyFloridaMarketPlace Vendor Registration: Each vendor doing business with the State for the sale of commodities or contractual
services as defined in section 287.012,Florida Statutes,must register in the MyFloridaMarketPlace system, unless exempted under
Rule 60A-1.033,Florida Administrative Code.
4. MyFloridaMarketPlace Transaction Fee:
a. The state of Florida,through its Department of Management Services(DMS),has instituted MyFloridaMarketPlace,a statewide
procurement system. Pursuant to section 287.057(22),Florida Statutes,all payments will be assessed a Transaction Fee of one
percent,which Provider will pay to the State.
b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee will, when possible, be
automatically deducted from payments to the vendor. If automatic deduction is not possible,Provider will pay the Transaction Fee
pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments,
vendor certifies their correctness. All such reports and payments will be subject to audit by the State or its designee.
c. Vendor will receive a credit for any Transaction Fee paid by Vendor for the purchase of any item, if such item is returned to
Vendor through no fault,act,or omission of Vendor. Notwithstanding the foregoing,a Transaction Fee is non-refundable when an
item is rejected or returned,or declined,due to the vendor's failure to perform or comply with specifications or requirements of
this contract. Failure to comply with these requirements will constitute grounds for declaring the vendor in default and recovering
reprocurement costs from the vendor in addition to all outstanding fees. Providers delinquent in paying transaction fees may be
excluded from conducting future business with the State.
5. Alternative Contract Source: This contract may be used as an alternative contract source,subject to approval from DMS,pursuant to
section 287.042(16),Florida Statutes and Rule 60A-1.045,Florida Administrative Code.
L. Background Screening Requirements and Drug Screening Requirements:
1. Background Screening Requirements: In the Department's sole and exclusive discretion,it may determine that background
screening of some or all of Provider's officers,agents, 4employees,subcontractors,or assignees is necessary(collectively
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individuals). In the event background screenings are required under this contract,Provider agrees to the following:
a. Conduct background screenings in accordance with Chapter 435,Florida Statutes,using level 2 screening standards.
b. Provide the Department with a written attestation confirming that the individual has completed and cleared the level 2
background screening.
c. Not allow the individual to begin work under this contract until that individual has been cleared by the Department.
2. Drug Screening Requirements:Pursuant to section 112.0455,Florida Statutes if the Provider's officers,agents,employees,
subcontractors,or assignees(collectively individuals)are assigned to work in a Department designated Safety-Sensitive
Class and/or Position,under this contract,then a drug test must be performed prior to the individual being allowed to start
work under this contract. If an individual has already been screened by the Provider,then a written attestation confirming
that the individual has completed and cleared the drug screening must be submitted to the Department prior to contract
execution. If an individual has not been drug screened,notify the Department immediately. No individual can begin work
under this contract until they have been cleared by the Department.
M. Civil Rights Requirements:Provider must comply with applicable provisions of the Department's publication titled,"Methods
of Administration,Equal Opportunity in Service Delivery."A copy will be provided to the Provider upon request.
N. Independent Capacity of the Provider
1. Provider is an independent contractor and is solely liable for the performance of all tasks and deliverables contemplated by this
contract.
2. Except where Provider is a state agency,Provider, its officers,agents,employees, subcontractors,or assignees,in performance of
this contract,will act in the capacity of an independent contractor and not as an officer,employee,or agent of the State. Provider
will not represent to others that it has the authority to bind the Department unless specifically authorized to do so.
3. Except where Provider is a state agency,Provider,its officers,agents,employees,subcontractors,or assignees are not entitled to state
retirement or state leave benefits,or to any other compensation of state employment as a result of performing the duties and obligations
of this contract.
4. Provider agrees to take such actions as may be necessary to ensure that each subcontractor of Provider understand they are
independent contractor and will not be considered or permitted to be an agent, servant,joint venturer, or partner of the state of
Florida.
5. Unless justified by Provider and agreed to by the Department in Attachment I,the Department will not furnish services of support
(e.g.,office space,office supplies,telephone service,secretarial,or clerical support)to Provider,or its subcontractor or assignee.
6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all
necessary insurance for Provider,Provider's officers, employees, agents, subcontractors, or assignees will be the responsibility of
Provider.
O. Sponsorship: As required by section 286.25,Florida Statutes,if Provider is a non-governmental organization which sponsors a
program financed wholly or in part by state funds,including any funds obtained through this contract,it will,in publicizing,advertising,
or describing the sponsorship of the program,state:"Sponsored by(Provider's name)and the State of Florida,Department of Health."
If the sponsorship reference is in written material,the words"State of Florida,Department of Health"will appear in at least the same
size letters or type as Provider's name.
P. Final Invoice: To submit the final invoice for payment to the Department no more than 30 days after the contract ends or is terminated.
If Provider fails to do so,all right to payment is forfeited and the Department will not honor any requests submitted after the aforesaid
time period. Any payment due under the terms of this contract may be withheld until all deliverables and any necessary adjustments
have been approved by the Department.
Q. Use of Funds for Lobbying Prohibited:Comply with the provisions of sections 11.062 and 216.347,Florida Statutes,which prohibit the
expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a state agency.
R. Public Entity Crime,Discriminatory Vendor,and Scrutinized Companies
1. Public Entity Crime: Pursuant to section 287.133, Florida Statutes, the following restrictions are placed on the ability of persons
convicted of public entity crimes to transact business with the Department: When a person or affiliate has been placed on the
convicted vendor list following a conviction for a public entity crime,he or she may not submit a bid on a contract to provide any
goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017,Florida Statutes,for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
2. Discriminatory Vendor:Pursuant to section 287.134,Florida Statutes,the following restrictions are placed on the ability of persons
convicted of discrimination to transact business with the Department: When a person or affiliate has been placed on the
discriminatory vendor list following a conviction for discrimination, he or she may not submit a bid on a contract to provide any
goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017,Florida Statutes,for CATEGORY TWO for a period of
36 months from the date of being placed on the discriminatory vendor list.
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3. Scrutinized Companies:Provider must comply with the provisions of section 287.135,Florida Statutes as follows:
a. If Provider is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes,that it is not
on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or that has been engaged in business operations in Cuba or Syria,this contract may be terminated at the
option of the Department.
b. If Provider is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of
Israel this contract may be terminated at the option of the Department.
S. Patents,Copyrights,and Royalties
1. Any inventions or discoveries developed in the course of or as a result of services performed under this contract which are
patentable pursuant to 35 U.S.C.section 101,are the sole property of the state of Florida. Provider must inform the Department of
any inventions or discoveries developed in connection with this contract and will be referred to the Department of State for a
determination on whether patent protection will be sought for the invention or discovery. The state of Florida will be the sole owner
of all patents resulting from any invention or discovery made in connection with this contract.
2. Provider must notify the Department of State of any books,manuals,films,or other copyrightable works developed in connection
with this contract. Any and all copyrights accruing under or in connection with the performance of this contract are the sole
property of the state of Florida.
3. Provider,without exception,will indemnify and save harmless the state of Florida and its employees from liability of any nature or
kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article
manufactured by Provider. Provider has no liability when such claim is solely and exclusively due to the Department of State's
alteration of the article. The state of Florida will provide prompt written notification of claim of copyright or patent infringement.
Further,if such claim is made or is pending,Provider may,at its option and expense,procure for the Department of State,the right
to continue use of, replace, or modify the article to render it non-infringing. If Provider uses any design, device, or materials
covered by letters,patent, or copyright,it is mutually agreed and understood without exception that the bid prices will include all
royalties or cost arising from the use of such design,device,or materials in any way involved in the work.
T. Construction or Renovation of Facilities Using State Funds:Any state funds provided for the purchase of or improvements to real
property are contingent upon Provider granting to the state a security interest in the property at least to the amount of the state funds
provided for at least five years from the date of purchase or the completion of the improvements or as further required by law. As a
condition of a receipt of state funding for this purpose,Provider agrees that,if it disposes of the property before the state's interest is
vacated,Provider will refund the proportionate share of the state's initial investment,as adjusted by depreciation or appreciation.
U. Electronic Fund Transfer: Provider agrees to enroll in Electronic Fund Transfer (EFT) provided by DFS. Questions should be
directed to DFS's EFT Section at(850)410-9466. The previous sentence is for notice purposes only. Copies of the authorization form
and sample bank letter are available from DFS.
V. Information Security: Maintain confidentiality of all data,files,and records including client records related to the services provided
pursuant to this contract and will comply with state and federal laws,including,but not limited to,sections 381.004,384.29,392.65,and
456.057,Florida Statutes.The State of Florida requires that all data generated,used,or stored by the Provider pursuant to this Contract
reside and remain in the U.S.and not be transferred outside of the U.S.
W. Venue and Remedies for Default:
1. Venue: Venue for any legal actions arising from this contract will be in Leon County,Florida,unless the contract is entered into by one
of the Department's county health department, in which case, venue for any legal actions will be in the county in which the county
health department is located.
2. Remedies for Default:Provider's failure to adhere to the Contract terms and conditions will subject Provider to the remedies set
forth in section III.B.3.below.
X. Force Majeure:The Provider may be excused from liability for the failure or delay in performance of any obligation under this
Contract for any event beyond the Provider's reasonable control,including but not limited to,Acts of God,fire,flood,explosion,
earthquake,or other natural forces,war,civil unrest,any strike or labor disturbance.Such excuse from liability is effective only to the
extent and duration of the event(s)causing the failure or delay in performance and provided that the Provider or its employees,including
any subcontracted providers,have not caused such event(s)to occur.If the Provider believes an excusable delay has occurred,the
Provider must notify the Department in writing of the delay or potential delay within five business days after its occurrence for review
and approval(which will not be unreasonably withheld)and include at a minimum,a description of the delay,date the force majeure
event occurred including the duration,and the tasks and deliverables affected by the delay.The Provider will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,indirect,consequential,impact or other costs,
expenses or damages,including but not limited to costs of acceleration or inefficiency,arising because of delay,disruption,interference,
or hindrance from any cause whatsoever. All delivery dates under this Contract that have been affected by the force majeure event is
tolled for the duration of such force majeure event.If the contract is tolled for any reason,the Provider is not entitled to payment for the
days services were not rendered and no financial consequences will be assessed by the Department for that affected task(s)or
deliverable. In the event a force majeure event persists for 30 days or more,the Department may terminate this Contract at its sole
discretion upon written notice being given to the Provider.
H. METHOD OF PAYMENT
A. Contract Amount: The Department agrees to pay Provider for completion of the deliverables as specified in Attachment I, in an
amount not to exceed$213,137.50,subject to the availability of funds. The state of Florida's performance and obligation to pay under
Form Revised 1/2020
Contract# COHZ4
this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from
any other source are not eligible for reimbursement under this contract
B. Contract Payment:
1. Provider must submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and
post-audit thereof.
2. Where reimbursement of travel expenses are allowable as specified in Attachment I,bills for any travel expenses must be submitted in
accordance with section 112.061,Florida Statutes. The Department may, if specified in Attachment I, establish rates lower than the
maximum provided in section 112.061,Florida Statutes.
3. Pursuant to section 215.422,Florida Statutes,the Department has five working days to inspect and approve goods and services,unless
this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care
services,if payment is not available within 40 days,measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved, a separate interest penalty set by the State's Chief Financial Officer pursuant to section 55.03,
Florida Statutes, will be due and payable in addition to the invoice amount To obtain the applicable interest rate, contact the
Department's fiscal office or contract administrator. Payments to health care providers for hospitals, medical, or other health care
services, will be made not more than 35 days from the date eligibility for payment is determined, at the daily interest rate of 0.03333
percent Invoices returned to Provider due to preparation errors will result in a payment delay. Interest penalties less than one dollar will
not be enforced unless Provider requests payment Invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
4. Bonuses:Pursuant to section 215.425,Florida statutes,any bonus scheme implemented by the Provider must: 1)base the award of
a bonus on work performance;2)describe the performance standards and evaluation process by which a bonus will be awarded;
3)Notify all employees of the policy,ordinance,rule,or resolution before the beginning of the evaluation period on which a
bonus will be based;and 4)consider all employees for the bonus. A copy of the Provider's policy,ordinance,rule,or resolution,
must be submitted to the Contract Manager for review prior to contract funds being allocated for such payment. The Department
reserves the right to refuse the Provider's request to allocate any contract funds for the payment of bonuses.
C. Vendor Ombudsman: A Vendor Ombudsman has been established within DFS whose duties include acting as an advocate for
providers who may be experiencing problems in obtaining timely payment from a state agency. The Vendor Ombudsman may be
contacted at(850)413-5516 or by calling the DFS Consumer Hotline at 1-(800)-342-2762.
III. PROVIDER CONTRACT TERM
A. Effective and Ending Dates:This contract will begin on 4/1/2020 or on the date on which the contract has been signed by both parties,
whichever is later. It will end on8/30/2021.
B. Termination
1. Termination at Will: This contract may be terminated by either party upon no less than 30 calendar days' written notice to the other
party,without cause,unless a lesser time is mutually agreed upon in writing by both parties. The notice must be delivered by certified
mail,return receipt requested,or in person with proof of delivery.In the event this contract is terminated,Provider will be compensated
for any deliverables completed prior to the Department's notification to Provider of contract termination.
2. Termination Because of Lack of Funds: In the event funds to finance this contract become unavailable,the Department may terminate
the contract upon no less than 24 hours' written notice to Provider. The notice must be delivered by certified mail, return receipt
requested,or in person with proof of delivery. The Department will be the final authority as to the availability and adequacy of funds.
3. Termination for Breach:This contract may be terminated for non-performance upon no less than 24 hours' written notice to Provider.
Waiver of breach of any provisions of this contract will not be deemed to be a waiver of any other breach and will not be construed to be
a modification of the terms of this contract In the event of default,in addition to the Department's right to terminate the contract,the
Department may pursue any of its remedies at law or in equity, including but not limited to, any losses or expenditures of the
Department in obtaining replacement services or commodities,investigating,monitoring or auditing,including legal fees,professional
fees,consulting fees and witness fees. These remedies shall include offsetting any sums due to the Provider under the Contract,and any
other remedies at law or in equity.
C. Renegotiation or Modification:Modifications of provisions of this contract will only be valid when they have been reduced to writing
and duly signed by both parties. The rate of payment and dollar amount may be adjusted retroactively to reflect price level increases and
changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the
Department's operating budget
INTENTIONALLY LEFT BLANK
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Contract# COHZ4
D. Contract Representatives Contact Information:
1. The name,mailing address,and telephone number of Provider's 3. The name,address,and telephone number of the
official payee to whom the payment will be made is: Department's Contract Manager is:
Steven B.Grant,Mayor Shannon Harp
PO Box 310,Boynton Beach,Fl 33426 4052 Blad Cypress Way,Bin A14
561-742-6312 Tallahassee,FL 32399
850-558-9660
4.The name,address,and telephone number of Provider's
2. The name of the contact person and street address where Provider's representative responsible for administration of the program
financial and administrative records are maintained is: under this contract is:
Mara Frederiksen Joe Paterniti
PO Box 310 124 E.Woolbright Rd.
Boynton Beach,Fl 33426 Boynton Beach,Fl 33435
561-742-6312 561-742-6423
5. Provide written notice to the other party of any changes in the above contract representative's contact information. Any such changes will
not require a formal amendment to this contract.
E. All Terms and Conditions Included:This contract and its attachments and exhibits as referenced,I.II,N contain all the terms and
conditions agreed upon by the parties. There are no provisions,terms,conditions,or obligations other than those contained herein,and
this contract will supersede all previous communications,representations,or agreements,either verbal or written between the parties. If
any term or provision of this contract is found to be illegal or unenforceable,the remainder of the contract will remain in full force and
effect and such term or provision will be stricken.
IN WITNESS THEREOF,the parties hereto have caused this page contract to be executed by their undersigned,duly authorized,
officials,and attest to have read the above contract and agree to the terms contained within it.
PROVIDER: CITY OF BOYNTON BEACH STATE OF FLORIDA,DEPARTMENT OF HEALTH
SIGNATURE: SIGNATURE:
PRINT/TYPE NAME: PRINT/TYPE NAME:
TITLE: TITLE:
DATE: DATE:
BY SIGNING THIS CONTRACT,THE ABOVE ATTESTS
STATE AGENCY 29-DIGIT FLAIR CODE: THERE IS EVIDENCE IN THE CONTRACT FILE
DEMONSTRATING THIS CONTRACT WAS REVIEWED
FEID#(OR SSN): BY THE DEPARTMENT'S OFFICE OF
PROVIDER FISCAL YEAR ENDING DATE: THE GENERAL COUNSEL.
APPROVED AS TO FORM:
CITY ATTORNEY
Form Revised 1/2020 8
Contract# COHZ4_
DocuSign Envelope ID:805CF7BA-1008-42F8-A1 A7-A5A195B31 A7D
CONTRACT SUMMARY
This contract action has completed the Department's routing process and has
received the required approvals for execution.
Division/CHD/Office: Community Health Promotion
Provider Name: City of Boynton Beach
Contract Number: COHZ4
Original Contract Amount: $213,137.50
Total Contract Amount(executed actions): New
Original Contract Start Date: 7/25/2020
Contract End Date (executed actions): New
DESCRIPTION OF CONTRACTUAL SERVICES:
This contract is for the purchase and installation of water fluoridation equipment for the provision of
initiating access to fluoridated water.
CONTRACT ACTION:
AMENDMENT(Y/N): N AMENDMENT AMOUNT: N/A
CHANGE TO TERM(Y/N): N/A START DATE:N/A END DATE: N/A
RENEWAL: N RENEWAL AMOUNT: N/A
START DATE: N/A END DATE:N/A
DESCRIPTION OF CONTRACT AMENDMENT ACTION:
This contract complies with all of the following requirements:
• A statement of work
• Quantifiable and measurable deliverables
• Performance measures
• Financial consequences for non-performance
• Terms and conditions which protect the interest of the state
• All requirements of law have been met regarding the contract
• Documentation in the contract file is sufficient to support the contract and the attestation(examples:
business case;directive to establish contract;subject research and analysis,etc.)
• If the contract is established by way of a competitive solicitation as identified in section 287.057(1),Florida
Statutes,the costs of the contract are the most advantageous to the state or offer the best value
COHZ4
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
CFDA No.93.991 STATE OF FLORIDA ❑Client ®Non-Client
CSFA No. N/A DEPARTMENT OF HEALTH ❑Multi-County
STANDARD CONTRACT
THIS CONTRACT is entered into between the State of Florida, Department of Health, hereinafter referred to as the "Department,"
and City of Boynton Beach hereinafter referred to as"Provider,"and jointly referred to as the"parties."
THE PARTIES AGREE:
I. PROVIDER AGREES:
A. To provide services in accordance with the terms specified in Attachment I attached hereto
B. To the Following Governing Law
1. State of Florida Law:This contract is executed and entered into in the state of Florida,and will be construed,performed,and
enforced in all respects in accordance with the laws,rules,and regulations of the state of Florida(State). Each party will perform
its obligations in accordance with the terms and conditions of this contract.
2. Federal Law
a. If this contract contains federal funds,Provider must comply with the provisions of 2 C.F.R.part 200,appendix II,and other
applicable regulations as specified in Attachment I.
b. If this contract includes federal funds that will be used for construction or repairs,Provider must comply with the provisions
of the Copeland"Anti-Kickback"Act(18 U.S.C. section 874),as supplemented by the U.S.Department of Labor regulations
(29 C.F.R.part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). The act prohibits providers from inducing,by any means, any person employed in the
construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise
entitled. All suspected violations must be reported to the Department.
c. If this contract includes federal funds that will be used for the performance of experimental,developmental,or research work,
Provider must comply with 37 C.F.R.,part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms under Governmental Grants,Contracts,and Cooperative Agreements."
d. If this contract contains federal funds and is over $100,000, Provider must comply with all applicable standards, orders, or
regulations of the Clean Air Act, as amended (42 U.S.C. chapter 85) and the Clean Water Act, as amended (33 U.S.C.
chapter 26),President's Executive Order 11738,and Environmental Protection Agency regulations codified in Title 40 of the
Code of Federal Regulations. Provider must report any violations of the above to the Department.
e. If this contract contains federal funding in excess of$100,000, Provider must, prior to contract execution, complete the
Certification Regarding Lobbying form,Attachment N. If a Disclosure of Lobbying Activities form,Standard Form LLL,is
required, it may be obtained from the Contract Manager. All disclosure forms as required by the Certification Regarding
Lobbying form must be completed and returned to the Contract Manager.
f. Employment of unauthorized aliens is a violation of the Immigration and Naturalization Act, 8 U.S.C. section 1324a, and
such violation will be cause for unilateral cancellation of this contract by the Department. Provider must use the U.S.
Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of
all new employees hired during the contract term by Provider. Provider must also include a requirement in subcontracts that
the subcontractor must use the E-Verify system to verify the employment eligibility of all new employees performing work
or providing services under this contract who are hired by the subcontractor during the contract term. Providers meeting the
terms and conditions of the E-Verify System are deemed to be in compliance with this provision.
g. Provider must comply with President's Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12935), as
amended by President's Executive Order 11375, (32 Fed. Reg. 14303), and as supplemented by regulations at 41 C.F.R.
chapter 60.
h. Provider must comply with the Pro-Children Act of 1994,20 U.S.C. sections 6081-6084,which requires that smoking not be
permitted in any portion of any indoor facility used for the provision of federally funded services including health,day care,
early childhood development,education or library services on a routine or regular basis,to children up to age 18. Provider's
failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for
each violation and the imposition of an administrative compliance order on the responsible entity. Provider must include a
similar provision in any subcontracts it enters under this contract.
i. Health Insurance Portability and Accountability Act of 1996(HIPAA): When applicable,Provider must comply with Federal
Privacy and Security Regulations developed by the U.S.Department of Health and Human Services as specified in 45 C.F.R.
parts 160 and 164 promulgated pursuant to HIPAA, Pub. L. No. 104-191, and the Health Information Technology for
Economic and Clinical Health Act,Title XIII of Division A,Title IV of Division B,Pub.L.No 111-5,collectively referred to
as"HIPAA."
j. Provider is required to submit a W-9 to the Department of Financial Services(DFS)electronically prior to doing business
with the state of Florida via the Vendor Website at https://flvendor.myfloridacfo.com. Any subsequent changes to Provider's
1
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Contract# COHZ4
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
W-9 must be made on this website;however,if Provider needs to change its Federal Employer Identification Number
(FEID),it must contact the DFS Vendor Ombudsman Section at(850)413-5516.
k. If Provider is determined to be a subrecipient of federal funds,Provider must comply with the requirements of the American
Recovery and Reinvestment Act and the Federal Funding Accountability and Transparency Act,by obtaining a DUNS (Data
Universal Numbering System) number and registering with the federal System for Award Management (SAM). No
payments will be issued until Provider has submitted a valid DUNS number and evidence of registration(i.e., a printed copy
of the completed SAM registration) in SAM to the Contract Manager. To obtain registration and instructions, visit
http://fedgov.dnb.com/webform and www.ccr.gov.
C. Audits,Records(including electronic storage media),and Records Retention
1. To establish and maintain books, records, and documents in accordance with generally accepted accounting procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this
contract.
2. To retain all client records, financial records, supporting documents, statistical records,and any other documents pertinent to this
contract for a period of six years after termination of the contract,or if an audit has been initiated and audit findings have not been
resolved at the end of six years,the records must be retained until resolution of the audit findings or any litigation which may be
based on the terms of this contract.
3. Upon completion or termination of this contract and at the request of the Department, Provider must, at its expense, cooperate
with the Department in the duplication and transfer of any said records or documents during the required retention period as
specified in Section I,paragraph C.2.,above.
4. Persons duly authorized by the Department and federal auditors,pursuant to 2 C.F.R.section 200.336,will have full access to and
the right to examine any of Provider's records and documents related to this contract,regardless of the form in which kept,at all
reasonable times for as long as records are retained.
5. To ensure these audit and record keeping requirements are included in all subcontracts and assignments.
6. If Provider is a recipient or subrecipient as specified in Attachment II, Provider will perform the required financial and
compliance audits in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. part 200, subpart F and section 215.97, Florida Statutes, as applicable and conform to the following
requirements:
a. Documentation. Maintain separate accounting of revenues and expenditures of funds under this contract and each Catalog of
State Financial Assistance (CSFA) or Catalog of Federal Domestic Assistance (CFDA) number identified on the attached
Exhibit 1, in accordance with generally accepted accounting practices and procedures. Expenditures which support
Provider's activities not solely authorized under this contract must be allocated in accordance with applicable laws,rules,and
regulations and the allocation methodology must be documented and supported by competent evidence.
b. Maintain sufficient documentation of all expenditures incurred (e.g., invoices, canceled checks, payroll detail, bank
statements,etc.)under this contract which evidences that expenditures are:
1) Allowable under the contract and applicable laws,rules,and regulations;
2) Reasonable;and
3) Necessary for Provider to fulfill its obligations under this contract.
All documentation required by this section is subject to review by the Department and the State's Chief Financial Officer.
Provider must timely comply with any requests for documentation.
c. Annual Financial Report. Submit to the Department an annual financial report stating,by line item,all expenditures made as
a direct result of services provided through this contract within 45 days from the end of each contract year,but no later than
submission of the final invoice for that year. Each report must include a statement signed by an individual with legal
authority to bind Provider,certifying that these expenditures are true,accurate,and directly related to this contract.
d. Ensure that funding received under this contract in excess of expenditures is remitted to the Department within 45 days of the
end of each contract year and the contract end date.
7. Public Records: Keep and maintain public records, as defined by Chapter 119, Florida Statutes that are required by the
Department to perform the services required by the contract. Upon request from the Department's custodian of public records,
provide the Department with a copy of the requested public records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
Ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed,
except as authorized by law for the duration of the contract term and following completion of the contract if Provider does not
transfer the public records to the Department. Upon completion of the contract,transfer to the Department at no cost,all public
records in possession of Provider or keep and maintain public records required by the Department to perform the contract
services. If Provider transfers all public records to the Department upon completion of the contract, Provider will destroy any
duplicate public records that are exempt or confidential and exempt. If Provider keeps and maintains public records upon
completion of the contract, Provider will meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Department,upon request of the Department's custodian of public records,in a format that
is compatible with the information technology systems of the Department. The Department may unilaterally terminate this
contract if Provider refuses to allow access to all public records made or maintained by Provider in conjunction with this
contract, unless the records are exempt from section 24(a) of Art. I of the State Constitution and section 119.07(1), Florida
Statutes. 2
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Contract# COHZ4
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
If the Provider has questions regarding the application of Chapter 119,
Florida Statutes, to the Provider's duty to provide public records relating
to this contract, contact the custodian of public records at (850)245-4005,
PublicRecordsRequest(a�flhealth.2ov or 4052 Bald Cypress Way, Bin A02,
Tallahassee, FL 32399.
8. Coordination of Contracted Services:Pursuant to section 287.0575(2),Florida Statutes,if a Provider has more than one contract
with one or more of the five Florida health and human services agencies(the Department of Children and Families,the Agency
for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, and the Department of Veterans'
Affairs),a comprehensive list of the Provider's health and human services contracts must be submitted to the respective agencies
Contract Manager(s). The list must include the following information: a) The name of each contracting state agency and the
applicable office or program issuing the contract;b)the identifying name and number of each contract;c)the starting and ending
date of each contract; d) the amount of each contract; e) a brief description of the purpose of the contract and the types of
services provided under each contract;1)the name and contact information of the contract manager.
9. Cooperation with Inspectors General: To the extent applicable,Provider acknowledges and understands it has a duty to and will
cooperate with the inspector general in any investigation,audit,inspection,review,or hearing pursuant to section 20.055(5),
Florida Statutes.
D. Monitoring by the Department and Dispute Resolution:
1. Monitoring by the Department:To permit persons duly authorized by the Department to inspect any records,papers,documents,
facilities,goods,and services of Provider,which are relevant to this contract,and interview any clients or employees of Provider to
assure the Department of satisfactory performance of the terms and conditions of this contract. Following the Department's monitoring,
the Department may provide Provider with a written report specifying noncompliance and request a Corrective Action Plan to be carried
out by the Provider.At its sole and exclusive discretion of the Department,the Department may take any of the following actions
including the assessment of fmancial consequences pursuant to section 287.058(1)(h),Florida Statutes,termination of this contract for
cause,demand the recoupment of funds from subsequent invoices under this contract,or demand repayment pursuant to the terms set
forth in sections I.and V.,which are specifically incorporated herein.
2. Dispute Resolution:Any dispute concerning performance of this Contract or payment hereunder shall be decided by the
Department in writing and submitted to the Provider for review.The decision is final unless the Provider submits a written
objection to the Department within 10 calendar days from receipt of the decision. Upon receiving an objection,the Department
shall provide an opportunity to resolve the dispute by mutual agreement between the parties using a negotiation process to be
completed within 7 calendar days from the Department's receipt of the objection.Completion of the negotiation process is a
condition precedent to any legal action by the Provider or the Department concerning this Contract.Nothing contained in this
section is construed to limit the parties'rights of termination pursuant to section III.B.,below.
E. Indemnification
1. Provider is liable for and will indemnify,defend,and hold harmless the Department and all of its officers,agents,and employees
from all claims, suits,judgments, or damages, consequential or otherwise and including attorneys' fees and costs, arising out of
any act, actions,neglect,or omissions by Provider, its agents,or employees during the performance or operation of this contract
or any subsequent modifications thereof,whether direct or indirect,and whether to any person or tangible or intangible property.
2. Provider's inability to evaluate liability or its evaluation of no liability will not excuse Provider's duty to defend and indemnify the
Department within seven days after certified mail or courier delivery notice from the Department. Only adjudication or judgment
after highest appeal is exhausted specifically finding Provider not liable will excuse performance of this provision. Provider will
pay all costs and fees related to this obligation and its enforcement by the Department. The Department's failure to notify
Provider of a claim will not release Provider of the above duty to indemnify. NOTE: This section,I.E,Indemnification,is not
applicable to contracts executed between state agencies or subdivisions,as defined in section 768.28,Florida Statutes.
3. Nothing in this contract shall be construed to require the Department to indemnify the Provider.
F. Insurance: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times
during the existence of this contract and any renewal(s)and extension(s)of it. Upon execution of this contract,unless it is a state agency
or subdivision as defined in section 768.28,Florida Statutes,Provider accepts full responsibility for identifying and determining the
type(s)and extent of liability insurance necessary to provide reasonable fmancial protections for Provider and the clients to be served
under this contract. The limits of coverage under each policy maintained by Provider do not limit Provider's liability and obligations
under this contract. Upon the execution of this contract,Provider must furnish the Department written verification supporting both the
determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and
operating under the laws of the State. The Department reserves the right to require additional insurance as specified in Attachment I.
G. Safeguarding Information:Not to use or disclose any information concerning a recipient of services under this contract for any
purpose not in conformity with state and federal law except upon written consent of the recipient,or the responsible parent or guardian
when authorized by law.
H. Assignments and Subcontracts
1. To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this
contract without prior written approval of the Department, which will not be unreasonably withheld. Any subcontract,
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DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
assignment, or transfer otherwise occurring will be null and void. In the event the use of subcontracts are allowed, Provider will
remain responsible for all work performed and all expenses incurred in connection with this contract,and shall incorporate the terms of
the Department's Standard Contract,into any and all subcontracts. Further,no subcontracts shall be entered into without prior written
approval of the Department. This contract will bind the successors,assigns, and legal representatives of Provider and any legal entity
that succeeds to the obligations of the Department.
2. Provider will be responsible for all work performed and all expenses incurred for this contract. If the Department permits
Provider to subcontract all or part of the work contemplated under this contract,including entering into subcontracts with vendors
for services or commodities,the Department will not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and Provider will be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract. If the Department permits Provider to subcontract,such permission will be indicated in Attachment I.
3. The Department will at all times be entitled to assign or transfer,in whole or part,its rights,duties,or obligations under this contract to
another governmental agency in the state of Florida,upon prior written notice to Provider.
4. Unless otherwise stated in the contract between Provider and subcontractor,payments made by Provider to the subcontractor must be
within seven working days after receipt of full or partial payments from the Department in accordance with section 287.0585,Florida
Statutes. Failure to pay within seven working days will result in a penalty charged against Provider to be paid by Provider to the
subcontractor in the amount of one-half of one percent of the amount due per day from the expiration of the period allowed herein for
payment. The penalty will be in addition to actual payments owed and will not exceed 15 percent of the outstanding balance due.
I. Return of Funds:Return to the Department any overpayments due to unearned funds or funds disallowed and any interest attributable
to such funds pursuant to the terms of this contract that were paid to Provider by the Department. In the event that Provider or its
independent auditor discovers that an overpayment has been made,Provider will repay the overpayment within 40 calendar days without
prior notification from the Department. In the event that the Department first discovers an overpayment has been made,the Department
will notify Provider in writing of such a fording. Should repayment not be made in the time specified by the Department,Provider will
pay interest of one percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or
discovery.The Department reserves the right,in its sole and exclusive discretion,to recoup Provider's unearned funds from any invoice
submitted under this contract or through collection proceedings.
J. Transportation Disadvantaged: If clients are to be transported under this contract,Provider must comply with the provisions of
Chapter 427,Florida Statutes,and Rule Chapter 41-2,Florida Administrative Code. Provider must submit the reports required pursuant
to the Department's Internal Operating Procedure(IOP)56-58-15,Transportation Disadvantaged Procedure.
K. Purchasing
1. Prison Rehabilitative Industries and Diversified Enterprises,Inc.(PRIDE): It is expressly understood and agreed that any articles
which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under
Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in section 946.515(2) and (4),
Florida Statutes; and for purposes of this contract the person,firm,or other business entity carrying out the provisions of this
contract (Provider) shall be deemed to be substituted for this agency (the Department) insofar as dealings with such
corporation are concerned. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of
products and services available from PRIDE may be obtained by contacting PRIDE at 1-800-643-8459.
2. Procurement of Materials with Recycled Content: Any products or materials which are the subject of,or are required to carry out this
contract will be procured in accordance with the provisions of section 403.7065,Florida Statutes.
3. MyFloridaMarketPlace Vendor Registration: Each vendor doing business with the State for the sale of commodities or contractual
services as defined in section 287.012,Florida Statutes,must register in the MyFloridaMarketPlace system,unless exempted under
Rule 60A-1.033,Florida Administrative Code.
4. MyFloridaMarketPlace Transaction Fee:
a. The state of Florida,through its Department of Management Services(DMS),has instituted MyFloridaMarketPlace,a statewide
procurement system. Pursuant to section 287.057(22),Florida Statutes,all payments will be assessed a Transaction Fee of one
percent,which Provider will pay to the State.
b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee will, when possible, be
automatically deducted from payments to the vendor. If automatic deduction is not possible,Provider will pay the Transaction Fee
pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments,
vendor certifies their correctness. All such reports and payments will be subject to audit by the State or its designee.
c. Vendor will receive a credit for any Transaction Fee paid by Vendor for the purchase of any item, if such item is returned to
Vendor through no fault,act,or omission of Vendor. Notwithstanding the foregoing,a Transaction Fee is non-refundable when an
item is rejected or returned,or declined,due to the vendor's failure to perform or comply with specifications or requirements of
this contract. Failure to comply with these requirements will constitute grounds for declaring the vendor in default and recovering
reprocurement costs from the vendor in addition to all outstanding fees. Providers delinquent in paying transaction fees may be
excluded from conducting future business with the State.
5. Alternative Contract Source: This contract may be used as an alternative contract source,subject to approval from DMS,pursuant to
section 287.042(16),Florida Statutes and Rule 60A-1.045,Florida Administrative Code.
L. Background Screening Requirements and Drug Screening Requirements:
1. Background Screening Requirements: In the Department's sole and exclusive discretion,it may determine that background
screening of some or all of Provider's officers,agents, employees,subcontractors,or assignees is necessary(collectively
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individuals). In the event background screenings are required under this contract,Provider agrees to the following:
a. Conduct background screenings in accordance with Chapter 435,Florida Statutes,using level 2 screening standards.
b. Provide the Department with a written attestation confirming that the individual has completed and cleared the level 2
background screening.
c. Not allow the individual to begin work under this contract until that individual has been cleared by the Department.
2. Drug Screening Requirements:Pursuant to section 112.0455,Florida Statutes if the Provider's officers,agents,employees,
subcontractors,or assignees(collectively individuals)are assigned to work in a Department designated Safety-Sensitive
Class and/or Position,under this contract,then a drug test must be performed prior to the individual being allowed to start
work under this contract. If an individual has already been screened by the Provider,then a written attestation confirming
that the individual has completed and cleared the drug screening must be submitted to the Department prior to contract
execution. If an individual has not been drug screened,notify the Department immediately. No individual can begin work
under this contract until they have been cleared by the Department.
M. Civil Rights Requirements:Provider must comply with applicable provisions of the Department's publication titled,"Methods
of Administration,Equal Opportunity in Service Delivery."A copy will be provided to the Provider upon request.
N. Independent Capacity of the Provider
1. Provider is an independent contractor and is solely liable for the performance of all tasks and deliverables contemplated by this
contract.
2. Except where Provider is a state agency,Provider,its officers,agents,employees, subcontractors,or assignees,in performance of
this contract,will act in the capacity of an independent contractor and not as an officer,employee,or agent of the State. Provider
will not represent to others that it has the authority to bind the Department unless specifically authorized to do so.
3. Except where Provider is a state agency,Provider,its officers,agents,employees,subcontractors,or assignees are not entitled to state
retirement or state leave benefits,or to any other compensation of state employment as a result of performing the duties and obligations
of this contract.
4. Provider agrees to take such actions as may be necessary to ensure that each subcontractor of Provider understand they are
independent contractor and will not be considered or permitted to be an agent, servant,joint venturer, or partner of the state of
Florida.
5. Unless justified by Provider and agreed to by the Department in Attachment I,the Department will not furnish services of support
(e.g.,office space,office supplies,telephone service,secretarial,or clerical support)to Provider,or its subcontractor or assignee.
6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all
necessary insurance for Provider,Provider's officers, employees,agents, subcontractors,or assignees will be the responsibility of
Provider.
O. Sponsorship: As required by section 286.25,Florida Statutes,if Provider is a non-governmental organization which sponsors a
program financed wholly or in part by state funds,including any funds obtained through this contract,it will,in publicizing,advertising,
or describing the sponsorship of the program,state:"Sponsored by(Provider's name)and the State of Florida,Department of Health."
If the sponsorship reference is in written material,the words"State of Florida,Department of Health"will appear in at least the same
size letters or type as Provider's name.
P. Final Invoice: To submit the final invoice for payment to the Department no more than 30 days after the contract ends or is terminated.
If Provider fails to do so,all right to payment is forfeited and the Department will not honor any requests submitted after the aforesaid
time period. Any payment due under the terms of this contract may be withheld until all deliverables and any necessary adjustments
have been approved by the Department.
Q. Use of Funds for Lobbying Prohibited:Comply with the provisions of sections 11.062 and 216.347,Florida Statutes,which prohibit the
expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a state agency.
R. Public Entity Crime,Discriminatory Vendor,and Scrutinized Companies
1. Public Entity Crime: Pursuant to section 287.133, Florida Statutes,the following restrictions are placed on the ability of persons
convicted of public entity crimes to transact business with the Department: When a person or affiliate has been placed on the
convicted vendor list following a conviction for a public entity crime,he or she may not submit a bid on a contract to provide any
goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017,Florida Statutes,for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
2. Discriminatory Vendor:Pursuant to section 287.134,Florida Statutes,the following restrictions are placed on the ability of persons
convicted of discrimination to transact business with the Department: When a person or affiliate has been placed on the
discriminatory vendor list following a conviction for discrimination,he or she may not submit a bid on a contract to provide any
goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a
contractor, supplier, subcontractor,or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017,Florida Statutes,for CATEGORY TWO for a period of
36 months from the date of being placed on the discriminatory vendor list.
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3. Scrutinized Companies:Provider must comply with the provisions of section 287.135,Florida Statutes as follows:
a. If Provider is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes,that it is not
on the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or that has been engaged in business operations in Cuba or Syria,this contract may be terminated at the
option of the Department.
b. If Provider is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of
Israel this contract may be terminated at the option of the Department.
S. Patents,Copyrights,and Royalties
1. Any inventions or discoveries developed in the course of or as a result of services performed under this contract which are
patentable pursuant to 35 U.S.C.section 101,are the sole property of the state of Florida. Provider must inform the Department of
any inventions or discoveries developed in connection with this contract and will be referred to the Department of State for a
determination on whether patent protection will be sought for the invention or discovery. The state of Florida will be the sole owner
of all patents resulting from any invention or discovery made in connection with this contract.
2. Provider must notify the Department of State of any books,manuals,films,or other copyrightable works developed in connection
with this contract. Any and all copyrights accruing under or in connection with the performance of this contract are the sole
property of the state of Florida.
3. Provider,without exception,will indemnify and save harmless the state of Florida and its employees from liability of any nature or
kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article
manufactured by Provider. Provider has no liability when such claim is solely and exclusively due to the Department of State's
alteration of the article. The state of Florida will provide prompt written notification of claim of copyright or patent infringement.
Further,if such claim is made or is pending,Provider may,at its option and expense,procure for the Department of State,the right
to continue use of, replace, or modify the article to render it non-infringing. If Provider uses any design, device, or materials
covered by letters,patent,or copyright,it is mutually agreed and understood without exception that the bid prices will include all
royalties or cost arising from the use of such design,device,or materials in any way involved in the work.
T. Construction or Renovation of Facilities Using State Funds:Any state funds provided for the purchase of or improvements to real
property are contingent upon Provider granting to the state a security interest in the property at least to the amount of the state funds
provided for at least five years from the date of purchase or the completion of the improvements or as further required by law. As a
condition of a receipt of state funding for this purpose,Provider agrees that,if it disposes of the property before the state's interest is
vacated,Provider will refund the proportionate share of the state's initial investment,as adjusted by depreciation or appreciation.
U. Electronic Fund Transfer: Provider agrees to enroll in Electronic Fund Transfer (EFT) provided by DFS. Questions should be
directed to DFS's EFT Section at(850)410-9466. The previous sentence is for notice purposes only. Copies of the authorization form
and sample bank letter are available from DFS.
V. Information Security: Maintain confidentiality of all data, files, and records including client records related to the services provided
pursuant to this contract and will comply with state and federal laws,including,but not limited to,sections 381.004,384.29,392.65,and
456.057,Florida Statutes.The State of Florida requires that all data generated,used,or stored by the Provider pursuant to this Contract
reside and remain in the U.S.and not be transferred outside of the U.S.
W. Venue and Remedies for Default:
1. Venue: Venue for any legal actions arising from this contract will be in Leon County,Florida,unless the contract is entered into by one
of the Department's county health department, in which case, venue for any legal actions will be in the county in which the county
health department is located.
2. Remedies for Default:Provider's failure to adhere to the Contract terms and conditions will subject Provider to the remedies set
forth in section III.B.3.below.
X. Force Majeure:The Provider may be excused from liability for the failure or delay in performance of any obligation under this
Contract for any event beyond the Provider's reasonable control,including but not limited to,Acts of God,fire,flood,explosion,
earthquake,or other natural forces,war,civil unrest,any strike or labor disturbance.Such excuse from liability is effective only to the
extent and duration of the event(s)causing the failure or delay in performance and provided that the Provider or its employees,including
any subcontracted providers,have not caused such event(s)to occur.If the Provider believes an excusable delay has occurred,the
Provider must notify the Department in writing of the delay or potential delay within five business days after its occurrence for review
and approval(which will not be unreasonably withheld)and include at a minimum,a description of the delay,date the force majeure
event occurred including the duration,and the tasks and deliverables affected by the delay.The Provider will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,indirect,consequential,impact or other costs,
expenses or damages,including but not limited to costs of acceleration or inefficiency,arising because of delay,disruption,interference,
or hindrance from any cause whatsoever. All delivery dates under this Contract that have been affected by the force majeure event is
tolled for the duration of such force majeure event.If the contract is tolled for any reason,the Provider is not entitled to payment for the
days services were not rendered and no financial consequences will be assessed by the Department for that affected task(s)or
deliverable. In the event a force majeure event persists for 30 days or more,the Department may terminate this Contract at its sole
discretion upon written notice being given to the Provider.
II. METHOD OF PAYMENT
A. Contract Amount: The Department agrees to pay Provider for completion of the deliverables as specified in Attachment I, in an
amount not to exceed$213,137.50,subject to the availability of6funds. The state of Florida's performance and obligation to pay under
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this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from
any other source are not eligible for reimbursement under this contract.
B. Contract Payment:
1. Provider must submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and
post-audit thereof.
2. Where reimbursement of travel expenses are allowable as specified in Attachment I,bills for any travel expenses must be submitted in
accordance with section 112.061, Florida Statutes. The Department may, if specified in Attachment I, establish rates lower than the
maximum provided in section 112.061,Florida Statutes.
3. Pursuant to section 215.422,Florida Statutes,the Department has five working days to inspect and approve goods and services,unless
this contract specifies otherwise. With the exception of payments to health care providers for hospital,medical, or other health care
services,if payment is not available within 40 days,measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved, a separate interest penalty set by the State's Chief Financial Officer pursuant to section 55.03,
Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the
Department's fiscal office or contract administrator. Payments to health care providers for hospitals, medical, or other health care
services,will be made not more than 35 days from the date eligibility for payment is determined, at the daily interest rate of 0.03333
percent. Invoices returned to Provider due to preparation errors will result in a payment delay. Interest penalties less than one dollar will
not be enforced unless Provider requests payment. Invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
4. Bonuses:Pursuant to section 215.425,Florida statutes,any bonus scheme implemented by the Provider must: 1)base the award of
a bonus on work performance;2)describe the performance standards and evaluation process by which a bonus will be awarded;
3)Notify all employees of the policy,ordinance,rule,or resolution before the beginning of the evaluation period on which a
bonus will be based;and 4)consider all employees for the bonus. A copy of the Provider's policy,ordinance,rule,or resolution,
must be submitted to the Contract Manager for review prior to contract funds being allocated for such payment. The Department
reserves the right to refuse the Provider's request to allocate any contract funds for the payment of bonuses.
C. Vendor Ombudsman: A Vendor Ombudsman has been established within DFS whose duties include acting as an advocate for
providers who may be experiencing problems in obtaining timely payment from a state agency. The Vendor Ombudsman may be
contacted at(850)413-5516 or by calling the DFS Consumer Hotline at 1-(800)-342-2762.
III. PROVIDER CONTRACT TERM
A. Effective and Ending Dates:This contract will begin on 7/25/2020 or on the date on which the contract has been signed by both parties,
whichever is later. It will end on 8/31/2021.
B. Termination
1. Termination at Will: This contract may be terminated by either party upon no less than 30 calendar days' written notice to the other
party,without cause,unless a lesser time is mutually agreed upon in writing by both parties. The notice must be delivered by certified
mail,return receipt requested,or in person with proof of delivery.In the event this contract is terminated,Provider will be compensated
for any deliverables completed prior to the Department's notification to Provider of contract termination.
2. Termination Because of Lack of Funds:In the event funds to fmance this contract become unavailable,the Department may terminate
the contract upon no less than 24 hours' written notice to Provider. The notice must be delivered by certified mail, return receipt
requested,or in person with proof of delivery. The Department will be the fmal authority as to the availability and adequacy of funds.
3. Termination for Breach: This contract may be terminated for non-performance upon no less than 24 hours' written notice to Provider.
Waiver of breach of any provisions of this contract will not be deemed to be a waiver of any other breach and will not be construed to be
a modification of the terms of this contract. In the event of default,in addition to the Department's right to terminate the contract,the
Department may pursue any of its remedies at law or in equity, including but not limited to, any losses or expenditures of the
Department in obtaining replacement services or commodities, investigating,monitoring or auditing, including legal fees,professional
fees,consulting fees and witness fees. These remedies shall include offsetting any sums due to the Provider under the Contract,and any
other remedies at law or in equity.
C. Renegotiation or Modification:Modifications of provisions of this contract will only be valid when they have been reduced to writing
and duly signed by both parties. The rate of payment and dollar amount may be adjusted retroactively to reflect price level increases and
changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the
Department's operating budget.
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D. Contract Representatives Contact Information:
1. The name,mailing address,and telephone number of Provider's 3. The name,address,and telephone number of the
official payee to whom the payment will be made is: Department's Contract Manager is:
City of Boynton Beach Shannon Harp
Steven B.Grant,Mayor 4052 Blad Cypress Way,Bin A14
PO Box 310,Boynton Beach,Fl 33426 Tallahassee,FL 32399
561-742-6312 850-558-9660
4.The name,address,and telephone number of Provider's
2. The name of the contact person and street address where Provider's representative responsible for administration of the program
financial and administrative records are maintained is: under this contract is:
Mara Frederiksen Joe Patemiti
PO Box 310 124 E.Woolbright Rd.
Boynton Beach,Fl 33426 Boynton Beach,Fl 33435
561-742-6312 561-742-6423
5. Provide written notice to the other party of any changes in the above contract representative's contact information. Any such changes will
not require a formal amendment to this contract.
E. All Terms and Conditions Included:This contract and its attachments and exhibits as referenced,I,11,III,IV,V,VI contain all the
terms and conditions agreed upon by the parties. There are no provisions,terms,conditions,or obligations other than those contained
herein,and this contract will supersede all previous communications,representations,or agreements,either verbal or written between the
parties. If any term or provision of this contract is found to be illegal or unenforceable,the remainder of the contract will remain in full
force and effect and such term or provision will be stricken.
IN WITNESS THEREOF,the parties hereto have caused this 29 page contract to be executed by their undersigned,duly authorized,
officials,and attest to have read the above contract and agree to the terms contained within it.
PROVIDER: CITY OF N B C STATE OF FLORIDA,DEPARTMENT OF HEALTH
SIGNATURE: a SIGNATURE:
PRINT/TYPE NAME: Steven B. Grant PRINT/TYPE NAME:MELISSA JORDAN MS,MPH
TITLE: INTERIM DIRECTOR,DIVISION OF COMMUNITY
TITLE: Mayor HEALTH PROMOTION
DATE: DATE:
BY SIGNING THIS CONTRACT,THE ABOVE ATTESTS
STATE AGENCY 29-DIGIT FLAIR CODE: THERE IS EVIDENCE IN THE CONTRACT FILE
DEMONSTRATING THIS CONTRACT WAS REVIEWED
FEID#(OR SSN): 59-6000282 BY THE DEPARTMENT'S OFFICE OF
PROVIDER FISCAL YEAR ENDING DATE:09/30 THE GENERAL COUNSEL.
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City of Boynton Beach
ATTACHMENT I
A. Services to be Provided
1. General Description:
a. General Statement: This contract is for the purchase and installation of water
fluoridation equipment to increase access to fluoridated water in Boynton Beach,
Florida.
b. Authority: Section 381.0052, Florida Statutes and Ch. 20-111, § 3 at 446 and
452, Laws of Fla.
2. Definition of Terms:
a. Business Days: Monday through Friday, excluding state holidays.
b. Cost Estimate: A plan, created by Provider, which lists the estimated invoice
price of the equipment or item(s)that will be purchased to replace the existing
water fluoridation system.
c. Project Close Out Report: A report stating that all applicable administrative
actions and required work of the contract have been completed.
d. Quarter: A three-month period of the contract, coinciding with the federal fiscal
year. The quarters for this contract are September through November (first
quarter), December through February (second quarter), March through May (third
quarter), and June through August (fourth quarter).
B. Manner of Service Provision
1. Scope of Work: Provider will purchase and install water fluoridation equipment to
replace a recently removed water fluoridation system, assist in the increase of access to
fluoridated water, and maintain optimal fluoride concentration at a consistent level within
Boynton Beach, Florida.
a. Tasks: Provider will perform the following tasks:
1) Prepare a Cost Estimate and include the following information for the
items being purchased: the quantity of the item, the name of the item, the
type of the item, the size of the item, the item's manufacturer, the item's
model number, and the total item price. Submit the Cost Estimate within
30 days of contract execution to the Contract Manager for review and
approval. Update the Cost Estimate as necessary throughout the
contract term and submit it to the Contract Manager within 5 business
days of any updates for review and approval.
2) Purchase and install water fluoridation equipment needed to replace the
recently removed fluoridation system by August 31, 2021. All purchases
must be in accordance with the approved Cost Estimate. Take pictures of
each item purchased and pictures of each piece of equipment being
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replaced. Maintain the pictures throughout the contract term. All
purchases and installations must be made in accordance with Florida
Administrative Code Rule 62-555.325. Reimbursement will be made for
each item purchased in accordance with the terms of this contract.
3) Prepare a Quarterly Progress Report each quarter. Document the
progress, delays, purchases, unit costs, total costs of the goods or
services, number of items purchased, date of delivery, installation,
manufacturer, retailer, and serial number in the Quarterly Progress
Report and submit it to the Contract Manager with the quarterly invoice.
4) For each individual item costing $5,000.00 or more, conduct the following:
a) Take a picture of where the item will be stored or placed and take
a picture after the item has been delivered. Maintain all pictures
throughout the contract term. Submit a copy of any pictures with
the quarterly invoice.
b) Document the following information on the Invoice Requirement
Template (Attachment VI): description of item, manufacturer,
serial number, quantity purchased, condition of each, location (the
water plant's physical address), purchase cost, and date received.
Submit the completed Attachment VI and copies of any receipts
with the quarterly invoice.
5) Prepare a Project Close Out Report that includes an itemized list of
equipment purchased including the equipment's name and cost and
submit it to the Contract Manager within 30 days of project completion but
no later than August 31, 2021.
b. Deliverables: Provider must complete or submit the following deliverables in the
time and manner specified:
1) Quarterly: Purchase and installation of water fluoridation equipment with
submission of supporting documentation as specified in Tasks B.1.a.1)
through B.1.a.5).
c. Performance Measures: The Deliverables must be met at this minimum level of
performance:
1) Deliverable B.1.b.1):
a) The Cost Estimate must be completed and submitted as specified.
b) Water fluoridation equipment must be purchased and installed as
specified.
c) A Quarterly Progress Report must be prepared and submitted
each quarter as specified.
d) The completed Attachment VI must be submitted as specified.
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e) A Project Close Out Report must be prepared and submitted as
specified.
2. Financial Consequences: Failure to complete or submit a deliverable in the time and
manner specified will result in a reduction in payment for that deliverable as follows:
a. Deliverable B.1.b.1):
1) Failure to complete and submit the Cost Estimate as specified will result
in a one percent reduction in the invoice amount.
2) Failure to purchase and install water fluoridation equipment as specified
will result in a twenty percent reduction in the invoice amount. An
additional one percent reduction will result in the invoice amount for every
five days thereafter the equipment is not installed.
3) Failure to prepare and submit the Quarterly Progress Report each quarter
as specified will result in a five percent reduction in the invoice amount.
An additional one percent reduction will result in the invoice amount for
every five days thereafter the report is not submitted.
4) Failure to submit the completed Attachment VI as specified will result in a
five percent reduction in the invoice amount.
5) Failure to prepare and submit the Project Close Out Report as specified
will result in a one percent reduction in the invoice amount. An additional
one percent reduction will result in the invoice amount for every five days
thereafter the report is not submitted.
3. Service Location and Equipment:
a. Service Location: The water fluoridation system will be used in Boynton Beach,
Florida, and is located at 124 East Woolbright Road, Boynton Beach Florida,
33535.
b. Equipment: Provider will be responsible for maintaining all equipment purchased
under this contract.
C. Method of Payment
1. Payment: This is a cost reimbursement contract. Provider may seek quarterly
reimbursement for the completion of the deliverables as specified in Section B.1.b. and
in accordance with the terms and conditions of the contract a total dollar amount not to
exceed $213,137.50, subject to the availability of funds. Reimbursement may be sought
in an amount not to exceed $150,000.00 by the end of the fourth quarter of the first
contract year and in an amount not to exceed $63,137.50 by the end of the fourth
quarter of the second contract year.
2. Unit of Service: A unit of service will consist of one quarter of completed required
deliverables, as specified in Section B.1.b. A quarter of deliverables will include all
deliverables due in that quarter, including any monthly or annual deliverables scheduled
for delivery in a particular quarter.
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3. Invoice Requirements: Payment must be requested through submission of a properly
completed invoice to the Contract Manager within 30 days from the end of each quarter.
Deliverables must be completed as specified in Section B.1.b. prior to any payments
being made. At a minimum, each invoice must be submitted on the Provider's letterhead
and provide the invoice date, deliverable completed, and the amount due. All supporting
documentation must be included for the invoice to be reviewed and assessed for
payment. Receipts that are submitted for reimbursement each quarter must show that
the expenses were incurred before the end of that particular quarter. Provider must
include with its invoice a statement certifying that reimbursement expenses were
incurred on or before August 31, 2020.
4. Purchasing Specifications: No purchases will be made until the Cost Estimate has been
approved by the Department.
5. Supporting Documentation:
a. Budget: Attach a copy of the Department approved budget and budget
justification for the initial contract year upon contract execution. Each
subsequent contract year, the budget must be submitted to the Contract
Manager for approval by April 30. Any revisions to an approved Cost Estimate or
budget justification must be submitted to the Contract Manager for review and
approval prior to implementation.
b. Cost Reimbursement Documentation Requirements: Paid invoices or receipts
must support payments made to subcontractors. Receipts and proper
documentation are required for all expenses incurred for which reimbursement is
sought.
D. Special Provisions
1. Contract Renewal: This contract may be renewed on a yearly basis, contingent upon a
specific appropriation by the Legislature. Renewals must be in writing, subject to the
same terms and conditions as set forth in the initial contract, made by mutual
agreement, and will be contingent upon satisfactory fiscal and programmatic
performance evaluations as determined by the Department and will be subject to the
availability of funds.
2. Non-Expendable Property Clause: Non-expendable property is defined as tangible
personal property of a non-consumable nature that has an acquisition cost of$1,000.00
or more per unit and an expected useful life of at least one year, and hardback-bound
books, which are not circulated to students or the general public, with the value or cost
of$250.00 or more. Hardback books with a value or cost of$250.00 or more should be
classified as OCO (Other Capital Outlay) expenditures.
All such property purchased under this contract must be listed on the property records of
Provider. Said listing must include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate the
federal or state share, date of acquisition, unit cost, property inventory number, and
information on the location, use and condition, transfer, replacement or disposition of the
property.
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DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
City of Boynton Beach
All such property purchased under this contract must be inventoried annually and an
inventory report must be submitted to the Department along with the final expenditure
report. A report of non-expendable property must be submitted to the Department along
with the expenditure report for the period in which it was purchased. Unless otherwise
determined by the Department, title (ownership)to all non-expendable property acquired
with funds from the contract will be vested in the Department upon completion or
termination of the contract. At no time will Provider dispose of non-expendable property
purchased under this contract except with the permission of the Department in
accordance with their instructions.
3. Use: Equipment purchased under this contract must be used for the services indicated
in this contract throughout the useful life of the water fluoridation system. The water
fluoridation system must not be sold without the Department's prior written approval.
This provision remains effective after the end date of the contract.
END OF TEXT
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DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
ATTACHMENT II
AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE
The administration of resources awarded by the Department of Health to recipient organization may be federal or
state financial assistance as defined by 2 CFR§200.40 and/or section 215.97, Florida Statutes, and may be subject
to audits and/or monitoring by the Department of Health, as described in this section. For this agreement, the
Department of Health has determined the following relationship exist:
1. Vendor/Contractor(215.97(z), F.S.) and (2 CFR§200.23). Funds used for goods and services for
the Department of Health's own use and creates a procurement relationship with Recipient which is not subject
to single audit act compliance requirements for the Federal/State program as a result of this contract agreement.
A vendor/contractor agreement may also be used with an established Service Organization(SO)that is serving
as a Third-Party Administrator and in this case, is subject to SSAE18 audit reporting requirements(see Part III.
Other Audit Requirements).
2. Recipient/Subrecipient of state financial assistance (215.97(o)(y), ES.). Funds may be
expended only for allowable costs resulting from obligations incurred during the specified contract period. In
addition, any balance of unobligated funds which has been advanced or paid must be refunded to the
Department of Health as the state awarding agency. As well as funds paid in excess of the amount to which
the recipient/subrecipient is entitled under the terms and conditions of the contract must be refunded to the
Department of Health.
3. X Recipient/Subrecipient of federal financial assistance (2 CFR § 200.40) . Funds paid in excess of
the amount to which the recipient/subrecipient is entitled under the terms and conditions of the contract must
be refunded to the Department of Health as the Pass-Through state awarding agency. In addition, the
recipient/subrecipient may not earn or keep any profit resulting from Federal financial assistance, unless
explicitly authorized by the terms and conditions of the Federal award or this agreement.
Note: A vendor/contractor vs. recipient/subrecipient determination must conclude with the completion of Exhibit 2
to identify the recipient's audit's relationship with the department.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F (formerly A-133) - Audit
Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures
may include, but not be limited to, on-site visits by Department of Health staff, limited scope audits as defined by 2
CFR§200.425, or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate
with any monitoring procedures or processes deemed appropriate by the Department of Health. In the event the
Department of Health determines that a limited scope audit of the recipient is appropriate, the recipient agrees to
comply with any additional instructions provided by Department of Health staff to the recipient regarding such audit.
The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer(CFO) or Auditor General.
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DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
AUDIT GUIDANCE
PART I: FEDERALLY FUNDED
This part is applicable if Recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.90, §200.64,and§200.70.
1. If a recipient expends $750,000 or more in Federal awards during its fiscal year, the recipient must have a
single or program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department of Health by this
agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of
federal awards,including federal resources received from the Department of Health. The determination of amounts
of federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503. An
audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will
meet the requirements of this Part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-.512.
3. If a recipient expends less than $750,000 in Federal awards in its fiscal year, the recipient is not required to
have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be paid from
non-federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than
federal entities).
Note: Audits conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to contracts with the Department of Health shall be based on the contract agreement's
requirements,including any rules,regulations,or statutes referenced in the contract.The financial statements shall disclose
whether the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the
Department of Health shall be fully disclosed in the audit report with reference to the Department of Health contract
involved. If not otherwise disclosed as required by 2 CFR§200.510,the schedule of expenditures of Federal awards shall
identify expenditures by funding source and contract number for each contract with the Department of Health in effect during
the audit period.
Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit
report or 9 months after the end of Recipient's fiscal year end.
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by section 215.97(1)(n), Florida Statutes.
1. If a recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any
fiscal year of such recipient (for fiscal years ending June 30, 2017 or thereafter), recipient must have a
State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; Chapter 10.550 (local governmental entities) or
Chapter 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT Ito this
contract indicates state financial assistance awarded through the Department of Health by this contract. In
determining the state financial assistance expended in its fiscal year, recipient shall consider all sources of
state financial assistance,including state financial assistance received from the Department of Health,other
state agencies, and other nonstate entities. State financial assistance does not include Federal direct or
pass-through awards and resources received by a nonstate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, recipient shall ensure that the
audit complies with the requirements of section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by section 215.97(2), Florida Statutes, and Chapter 10.550 (local
governmental entities) or Chapter 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If a recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years
ending June 30„2017 or thereafter), an audit conducted in accordance with the provisions of section
215.97, Florida Statutes, is not required. In the event that a recipient expends less than$750,000 in state
financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions
of section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources
(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than state funds).
Note: An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to contracts with the Department of Health shall be based on the contract's requirements,
including any applicable rules,regulations,or statutes. The financial statements shall disclose whether the matching
requirement was met for each applicable contract. All questioned costs and liabilities due to the Department of Health shall
be fully disclosed in the audit report with reference to the Department of Health contract involved.If not otherwise disclosed
as required by Florida Administrative Code Rule 69I-5.003,the schedule of expenditures of state financial assistance shall
identify expenditures by contract number for each contract with the Department of Health in effect during the audit period.
Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report,but
no later than 9 months after recipient's fiscal year end for local governmental entities. Non-profit or for-profit organizations
are required to be submitted within 45 days after delivery of the audit report,but no later than 9 months after recipient's fiscal
year end. Notwithstanding the applicability of this portion,the Department of Health retains all right and obligation to
monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law.
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PART III: OTHER AUDIT REQUIREMENTS
This part is applicable to a contractor, vendor and/or provider organization serving as a third-party administrator on
behalf of FDOH programs and is classified or determined in the FDOH contract agreement to be a Service
Organization (SO).
If the contracted entity is determined to be a Service Organization (SO), the entity must perform an attestation to
the Service Organization Controls (SOC) and submit to FDOH a "Statement on Standards for Attestation
Engagements(SSAE18)audit report within the assigned timeframe as agreed upon in the SO's contract agreement.
The hired Auditor must make an evaluation consistent with the FDOH contract terms and conditions to determine
which SSAE18 report types to perform for the required SOC types. Below are the options available for the SSAE18
reports;
TYPES:
1. SOC 1 —A report on controls over financial reporting.
➢ Type 1 Report - Report on the fairness of the presentation of management's description of the
service organization's system and the suitability of the design of the controls to achieve the
related control objectives included in the description as of a specified date.
• Type 2 Report- Report on the fairness of the presentation of management's description
of the service organization's system and the suitability of the design and operating
effectiveness of the controls to achieve the related control objectives included in the description
throughout a specified period. (Auditor conducts testing)
2. SOC 2 —A report on controls that may be relevant to security, availability, processing Integrity,
confidentiality or privacy. These reports are intended to meet the needs of a broad range of users that
need detailed information and assurance about the controls at a service organization relevant to security,
availability, and processing integrity of the systems the service organization uses to process users'data
and the confidentiality and privacy of the information processed by these systems. These reports can play
an important role in:
• Oversight of the organization
• Vendor management programs
• Internal corporate governance and risk management processes
• Regulatory oversight
• Type 1 Report- Report on the fairness of the presentation of management's description of the
service organization's system and the suitability of the design of the controls to achieve the
related control objectives included in the description as of a specified date.
➢ Type 2 Report- Report on the fairness of the presentation of management's description of the
service organization's system and the suitability of the design and operating effectiveness of
the controls to achieve the related control objectives included in the description throughout a
specified period. (Auditor conducts testing)
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PART IV: REPORT SUBMISSION
1. Copies of single audit reporting packages for state financial assistance (CSFA) and federal financial assistance
(CFDA) conducted in accordance with 2 CFR § 200.512 and section 215.97(2), Florida Statutes, shall be
submitted by or on behalf of recipient directly to:
A. The Department of Health as follows:
SingleAudits(a�flhealth.gov
Pursuant to 2 CFR§200.521, and section 215.97(2), Florida Statutes, recipient shall submit an electronic
copy of the reporting package and any management letter issued by the auditor to the Department of Health.
Audits must be submitted in accordance with the instructions set forth in Exhibit 3 hereto and
accompanied by the"Single Audit Data Collection Form, Exhibit 4." Files which exceed electronic email
capacity may be submitted on a CD or other electronic storage medium and mailed to:
Florida Department of Health
Bureau of Finance&Accounting
Attention: FCAM, Single Audit Review
4052 Bald Cypress Way, Bin B01
Tallahassee, FL 32399-1701.
B. The Auditor General's Office as follows:
One electronic copy email by or on behalf of recipient directly to the Auditor General's Office at:
flaudgen localgovt@aud.state.fl.us.
One paper copy mail to:
Auditor General's Office
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
2. In addition to item 1, electronic copies of reporting packages for federal financial assistance (CFDA)conducted in
accordance with 2 CFR § 200.512 shall also be submitted by or on behalf of recipient directly to each of the
following:
A. The Federal Audit Clearinghouse (FAC), the Internet Data Entry System (IDES) is the place to submit the
Federal single audit reporting package, including form SF-SAC,for Federal programs. Single audit submission
is required under the Single Audit Act of 1984 (amended in 1996) and 2 CFR § 200.36 and § 200.512. The
Federal Audit Clearinghouse requires electronic submissions as the only accepted method for report
compliances. FAC's website address is: https://harvester.census.gov/facweb/
B. When applicable, other Federal agencies and pass-through entities in accordance with 2 CFR§200.331 and §
200.517.
3. Copies of SSAE18 reports and supporting documents shall be submitted by or on behalf of SO/Third Party
Administrator directly to the FDOH designated Contract Manager(CM)as outlined in each SO contract agreement.
Note:Any reports,management letter,or other information required to be submitted to the Department of Health pursuant to this
contract shall be submitted timely in accordance with 2 CFR§200.512 and Florida Statutes,Chapter 10.550(local governmental
entities)or Chapter 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable.
Recipients,when submitting financial reporting packages to the Department of Health for audits done in accordance with 2 CFR§
500.512 or Chapter 10.550(local governmental entities)or Chapter 10.650(nonprofit and for-profit organizations),Rules of the
Auditor General,should indicate the date that the reporting package was delivered to recipient in correspondence accompanying the
reporting package.
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PART V: RECORD RETENTION
Recipient shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six years
from the date the audit report is issued and shall allow the Department of Health or its designee, the CFO, or the Auditor
General access to such records upon request. Recipient shall ensure that audit working papers are made available to the
Department of Health, or its designee, CFO, or Auditor General upon request for a period of six years from the date the
audit report is issued, unless extended in writing by the Department of Health.
End of Text
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FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#:COHZ4
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
EXHIBIT 1
Contract#:COHZ4
Federal Award Identification#:
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Agency 1 Centers for Disease Control and Prevention CFDA#93.991 Title Fluoridation Project $213.137.50
Federal Agency 2 CFDA# Title $
TOTAL FEDERAL AWARDS $213,137.50
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS:
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
State financial assistance subject to section 215.97, Florida Statutes: CSFA# Title
State financial assistance subject to section 215.97, Florida Statutes: CSFA# Title
TOTAL STATE FINANCIAL ASSISTANCE AWARDED PURSUANT TO SECTION 215.97, FLORIDA STATUTES
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS
FOLLOWS:
Financial assistance not subject(exempt)to section 215.97, Florida Statutes or 2 CFR§200.40: $
Financial assistance not subject(exempt)to section 215.97, Florida Statutes or 2 CFR§200.40: $
Matching and Maintenance of Effort*
Matching resources for federal Agency(s):
Agency: CFDA# Title $
Maintenance of Effort(MOE):
Agency: CFDA# Title $
*Matching Resources,MOE,and Financial Assistance not subject to section 215.97, Florida Statutes or 2 CFR§200.306 amounts should
not be included by recipient when computing the threshold for single audit requirements totals. However, these amounts could be
included under notes in the financial audit or footnoted in the Schedule of Expenditures of Federal Awards and State Financial Assistance
(SEFA). Matching, MOE,and Financial Assistance not subject to section.215.97, Florida Statutes or 2 CFR§200.306 is not considered
State or Federal Assistance.
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DocuSign Envelope ID:805CF7BA-1008-42F8-A1A7-A5A195B31A7D
EXHIBIT 2
PART I: AUDIT RELATIONSHIP DETERMINATION
Recipients who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR§200.500,and/or section
215.97, Florida Statutes, recipients who are determined to be recipients or subrecipients of federal awards and/or state financial
assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 is met.
Recipients who have been determined to be vendors are not subject to the audit requirements of 2 CFR§200.501,and/or section 215.97,
Florida Statutes. Recipients who are "higher education entities"as defined in Section 215.97(2)(h), Florida Statutes, and are recipients
or subrecipients of state financial assistance, are also exempt from the audit requirements of Section 215.97(2)(a), Florida Statutes.
Regardless of whether the audit requirements are met, recipients who have been determined to be recipients or subrecipients of Federal
awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements.
For the purpose of single audit compliance requirements,the Recipient has been determined to be:
Vendor/Contractor not subject to 2 CFR§200.501 and/or section 215.97,Florida Statutes
X Recipient/subrecipient subject to 2 CFR§200.501 and/or section 215.97,Florida Statutes
Exempt organization not subject to 2 CFR § 200.501; For Federal awards for-profit subrecipient organizations are exempt as
specified in 2 CFR§200.501(h).
Exempt organization not subject to section 215.97, Florida Statutes, for state financial assistance projects, public universities,
community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt
organizations must comply with all compliance requirements set forth within the contract.
For other audit requirements,the Recipient has been determined to be:
X Service Organization(SO)subject to SSAE18 reporting requirements
NOTE: If a recipient is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by
the department to subcontract,it must comply with section 215.97(7),Florida Statutes,and Florida Administrative Code Rule 69I-.5006,
[state financial assistance] and 2 CFR§200.330 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Recipients who receive Federal awards, state
maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with
the following fiscal laws, rules and regulations:
1. 2 CFR Part 200-Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards
2. Reference Guide for State Expenditures
3. Other fiscal requirements set forth in program laws,rules,and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR§200.401(5)
(c).
**For funding passed through U.S. Health and Human Services, 45 CFR Part 92; for funding passed through U.S. Department of
Education, 34 CFR Part 80.
STATE FINANCIAL ASSISTANCE. Recipients who receive state financial assistance and who are determined to be a
recipient/subrecipient must comply with the following fiscal laws, rules and regulations:
1. Section 215.97, Florida Statutes
2. Florida Administrative Code Chapter 691-5,
3. State Projects Compliance Supplement
4. Reference Guide for State Expenditures
5. Other fiscal requirements set forth in program laws, rules and regulations
This document may be obtained online through the FlHealth website under Audit Guidance. *Enumeration of laws, rules and regulations
herein is not exhaustive or exclusive. Funding to recipients will be held to applicable legal requirements whether or not outlined herein.
End of Text
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EXHIBIT 3
INSTRUCTIONS FOR ELECTRONIC SUBMISSION
OF SINGLE AUDIT REPORTS
Part I: Submission to FDOH
Single Audit reporting packages ("SARP") must be submitted to the Department in an electronic format. This change will eliminate the
need to submit multiple copies of the reporting package to the Contract Managers and various sections within the Department and will
result in efficiencies and cost savings to recipient and the Department. Upon receipt, the SARP's will be posted to a secure server and
accessible to Department staff.
The electronic copy of the SARP should:
• Be in a Portable Document Format(PDF).
• Include the appropriate letterhead and signatures in the reports and management letters.
Be a single document. However, if the financial audit is issued separately from the Single Audit reports, the
financial audit reporting package may be submitted as a single document and the Single Audit reports may be
submitted as a single document. Documents which exceed 8 megabytes (MB) may be stored on a CD and
mailed to: Bureau of Finance&Accounting,Attention: FCAM, Single Audit Review,4052 Bald Cypress Way,
Bin B01 (HAFA),Tallahassee, FL 32399-1701.
Be an exact copy of the final,signed SARP provided by the Independent Audit firm.
✓ Not have security settings applied to the electronic file.
Be named using the following convention: [fiscal year] [name of the audited entity exactly as stated within the audit report].pdf.
For example, if the SARP is for the 2016-17 fiscal year for the City of Gainesville,the document should be entitled 2016 City of
Gainesville.pdf.
• Be accompanied by the attached "Single Audit Data Collection Form." This document is necessary to ensure that
communications related to SARP issues are directed to the appropriate individual(s) and that compliance with Single Audit
requirements is properly captured.
Questions regarding electronic submissions may be submitted via e-mail to SingleAudits(a�flhealth.gov or by telephone to the
Single Audit Review Section at(850)245-4185.
Part II: Submission to Federal Audit Clearinghouse
Click Here for instructions and guidance to submit the completed SF-SAC report to the Federal Audit Clearinghouse website or click Here
to access the SF-SAC Worksheet&Single Audit Component Checklist Form.
Part III: Submission to Florida Auditor General
Click Here for questions and other instructions for submitting Single SAC reports to the State of Florida,Auditor General's Office
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EXHIBIT 4
Single Audit Data Collection Form
Part 1:GENERAL INFORMATION
1. Fiscal period ending date for the Single Audit. 2. Auditee Identification Number
a. Primary Employer Identification Number(EIN)
Month Day Year
/ /
b. Are multiple EINs covered in this report DYes ❑No
c. If"yes",complete No.3.
3. ADDITIONAL ENTITIES COVERED IN THIS REPORT
Employer Identification# Name of Entity
4. AUDITEE INFORMATON 5. PRIMARY AUDITOR INFORMATION
a. Auditee name: a. Primary auditor name:
Auditee Primary DUNS#:
b. Auditee address(number and street) b. Primary auditor address(number and street)
City City
State Zip Code State Zip Code
c. Auditee contact c. Primary auditor contact
Name: Name:
Title: Title:
d. Auditee contact telephone d. Primary auditor contact telephone
( ) - l )
e. Auditee contact FAX e. Primary auditor E-mail
( ) ( )
f. Auditee contact E-mail f. Audit Firm License Number
6. AUDITEE CERTIFICATION STATEMENT—This is to certify that,to the best of AUDITEE CERTIFICATION Date / /
my knowledge and belief,the auditee has:(1)engaged an auditor to perform
an audit in accordance with the provisions of 2 CFR§200.512 and/or section Date Audit Received from Auditor:
215.97,Florida Statutes,for the period described in Item 1;(2)the auditor has
completed such audit and presented a signed audit report which states that the Name of Certifying Official:
audit was conducted in accordance with the aforementioned Circular and/or (Please print clearly)
Statute;(3)the attached audit is a true and accurate copy of the final audit
report issued by the auditor for the period described in Item 1;and(4)the Title of Certifying Official:
information included in this data collection form is accurate and complete. I (Please print clearly)
declare the foregoing is true and correct. Signature of Certifying Official:
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BUDGET NARRATIVE Attachment III
CONTRACT
Provider Name: City of Boynton Beach AMOUNT: $213,137.50
Contract Budget Period:(Should reflect the annual contract term.For a multi-year agreement,a budget narrative and
summary should be completed to each annual period of the agreement.)
Start Date: 7/1/2020 End Date: 8/30/2021
A. DIRECT PROGRAM COST
A.1: SALARIES:
This section is for salaries for staff directly involved in the performance of the deliverables Amount Charged
of the contract. to Contract
Staff#1 Enter job function information for the responsibilities performed for this contra(
Staff Name
Title
Annual Salary
Contract Allocation Percent Allocated to Contract:
Staff#2 Enter job function information for the responsibilities performed for this contra(
Staff Name
Title
Annual Salary
Contract Allocation Percent Allocated to Contract:
Staff#3 Enter job function information for the responsibilities performed for this contra
Staff Name
Title
Annual Salary
Contract Allocation Percent Allocated to Contract:
Total Salary Allocation: $
A.2: FRINGE BENEFITS
Note: Expand this section to see full explanation.This section is for fringe benefits of staff
directly involved in the performance of the deliverables of this contract. Fringe may
include any or all of the following: Medical Plan,VISTA Health Plan,Dental Plan,Vision
Insurance Plan, Prescription Drug Plan,LTD Insurance-Management, Unemployment
Compensation,Social Security Tax,etc.
ITEMIZED FRINGE CLASSIFICATION: Amount Charged
Item of Cost Description to Contract
FICA Personnel Cost x%rate established
Information on insurance provider plan, and how amount
Health Insurance was determined for allocation to this agreement.
Retirement
Other
Other
Total Fringe Benefis Allocation: $
CONTRACT#:COHZ4 24
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
BUDGET NARRATIVE Attachment IN
A.3: DIRECT EXPENSES
Note: Expand this section to see full explanation.This section is for direct expenses
involved in the performance of the deliverables of this contract.This includes rent,
utilitizes,phone service,internet services,supplies, liability insurance,etc.
ITEMIZED DIRECT EXPENSE:
Amount Charged
Item of Cost Description to Contract
Equipment Updating the PWS current fluoridation system/Quotes $ 132,150.00
Materials Updating the PWS current fluoridation system/Quotes $ 42,100.00
Grant Engineering costs(15%) Updating the PWS current fluoridation system/Quotes $ 26,137.50
Chemical(fluoride supply for one year Updating the PWS current fluoridation system/Quotes $ 12,750.00
List item
1 3900-gallon HDPE Bulk Tank $ 17,000.00
1 SS Bulk Tanks Fasteners(Bracket,Cable,Hook&Turnbuckle) $ 3,000.00
1 60 gallon HDPE Day Tank $ 700.00
1 Chemical Metering Pump Skids(Loc Pump) $ 20,000.00
2 Sump Pump $ 2,000.00
1 Exhaust Fan/Louver $ 2,000.00
2 Ultrasonic Level(Miltronic Hydroranger) $ 5,200.00
2 Level Switch $ 750.00
1 Fluoride Prefab Building Concrete $ 25,000.00
1 Basket Strainer(CPVC) $ 2,900.00
1 East WTPs Mechanical Piping $ 30,000.00
1 Fill Control Panel $ 5,000.00
1 East WTP Fluoride Monitor System $ 8,500.00
1 Safety Cabinet $ 1,500.00
2 Emergency Eyewash Showers $ 8,600.00
Lot East WTP-Containment Basin Form&Materials $ 6,100.00
Lot East WTP-Containment Basin Cast In Place Concrete $ 9,300.00
Lot East and West WTP Equipment Grout Bases $ 1,200.00
Lot East WTP Fluoride Bid-Form&Materials $ 1,200.00
Lot East WTP Fluoride Bld-Cast In Place Concrete $ 1,600.00
Lot Miscellaneous Metals $ 7,000.00
Lot Containment Coating $ 10,000.00
Lot General Coatings $ 3,000.00
Lot Signs&Labels $ 1,500.00
Lot Stone/Fill $ 1,200.00
Grant Engineering costs(15%) $ 26,137.50
Chemical(fluoride supply for one year) $ 12,750.00
Total Direct Expense Allocation: $ 213,137.50
B.ADMINISTRATIVE/INDIRECT EXPENSE
This section is for administrative cost and/or indirect cost.The Program must determine the cap through the grant
B.1: SALARIES:
This section is for salaries for administrative staff involved with a role tied to this
contract. Amount Charged
to Contract
Staff#1 Enter job function information for the responsibilities performed for this contras
Staff Name
Title
Annual Salary
CONTRACT#:COHZ4
25
DocuSign Envelope ID:805CF7BA-1008-42F8-A1A7-A5A195B31A7D
BUDGET NARRATIVE Attachment In
Contract Allocation Percent Allocated to Contract:
Staff#2 Enter job function information for the responsibilities performed for this contra(
Staff Name
Title
Annual Salary
Contract Allocation Percent Allocated to Contract:
Total AdministrativeSalary Allocation: $
B.2: FRINGE BENEFITS
Note: Expand this section to see full explanation.This section is for fringe benefits of staff
directly involved in the performance of the deliverables if this contract. Fringe may include
any or all of the following: Medical Plan,VISTA Health Plan, Dental Plan,Vision Insurance
Plan, Prescription Drug Plan, LTD Insurance-Management, Unemployment
Compensation,Social Security Tax,etc.
ITEMIZED FRINGE CLASSIFICATION: Amount Charged
Item of Cost Description to Contract
FICA Personnel Cost x%rate established
Health Insurance Information on insurance provider plan, and how amount
Retirement
Other
Other
Total Administrative Fringe Benefis Allocation: $
B.3: ADMINISTRATIVE/INDIRECT EXPENSES
Note: Expand this section to see full explanation. This section is for direct expenses
involved in the performance of the deliverables if this contract.This includes rent,
utilitizes,phone service,internet services,supplies, liability insurance,etc.
ITEMIZED ADMINISTRATIVE EXPENSE:
Amount Charged
Item of Cost Description to Contract
Phone Describe need and how the amount amount was
Internet
Office Equipment
Office Supplies
indirect
Total Administrative/Indirect Expense Allocation: $
C.TOTAL CONTRACT ALLOCATION SUMMARY:
TOTAL DIRECT COST: $ 213,137.50
TOTAL ADMINISTRATIVE COST: $
TOTAL CONTRACT COST: $ 213,137.50
26
CONTRACT#:COHZ4
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
CERTIFICATION REGARDING LOBBYING Attachment IV
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS
Contract#COHZ4
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in the connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid, to any
person for influencing or attempting to influence an officer or an employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in the connection with this federal contract, grant, loan or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants and
contracts under grants, loans and cooperative agreements)and that all sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. §1352 (1996). Any person who
fails to file the r=. ..red certification shall be subject to a civil penalty of not less than $10,000
and not more t =n $100,000 for each such failure.
4'
f 05/26/2020
Signature Date
Mara Frederiksen COHZ4
Name of Authorized Individual Application or Contract Number
City of Boynton Beach
Name of Organization
3301 Quantum Blvd Suite 101 Boynton Beach. FL 33425
Address of Organization
Revised-07/2016
COHZ4
27
DocuSign Envelope ID:805CF7BA-100B-42F8-A1A7-A5A195B31A7D
Attachment V
Table 4.1: UPDATED-Cost Estimate for Boynton Beach East WTP Fluoridation Systems
Fluoridation System for: City of Boynton Beach,Florida
Water System Name: City of Boynton Beach
Water System Identification#: 4500145-01
Plant Names:East WTP Address: 124 E.Woolbright Rd,Boynton Beach,FL 33435
West WTP Address: 5469 W.Boynton Beach Blvd.Boynton Beach,FL 33437
Plant Capacity: 24 MGD East WTP Average daily Flow Rate
Natural Fluoride Level: 0.14 mg/L
Qty. Equipment Type/Size Manufacture/Model# Unit Price Allowable East WTP Costs
1 3900-gallon HDPE Bulk Tank $17,000.00 Grant $17,000.00
1 SS Bulk Tanks Fasteners(Bracket,Cable,Hook&Turnbuckle) $3,000.00 Grant $3,000.00
1 60 gallon HDPE Day Tank $700.00 Grant $700.00
1 Chemical Metering Pump Skids(Loc Pump) $20,000.00 Grant $20,000.00
2 Sump Pump $1,000.00 Grant $2,000.00
1 Exhaust Fan/Louver $2,000.00 Grant $2,000.00
2 Ultrasonic Level(Miltronic Hydroranger) $2,600.00 Grant $5,200.00
2 Level Switch $375.00 Grant $750.00
1 Fluoride Prefab Building Concrete $25,000.00 Grant $25,000.00
1 Basket Strainer(CPVC) $2,900.00 Grant $2,900.00
1 East WTPs Mechanical Piping $30,000.00 Grant $30,000.00
1 Fill Control Panel $5,000.00 Grant $5,000.00
1 East WTP Fluoride Monitor System $8,500.00 Grant $8,500.00
1 Safety Cabinet $1,500.00 Grant $1,500.00
2 Emergency Eyewash Showers $4,300.00 Grant $8,600.00
Subtotal Grant $132,150.00
Materials
Lot East WTP-Containment Basin Form&Materials LS Grant $6,100.00
Lot East WTP-Containment Basin Cast In Place Concrete L5 Grant $9,300.00
Lot East and West WTP Equipment Grout Bases LS Grant $1,200.00
Lot East WTP Fluoride Bld-Form&Materials I5 Grant $1,200.00
Lot East WTP Fluoride Bld-Cast In Place Concrete LS Grant $1,600.00
Lot Miscellaneous Metals L5 Grant $7,000.00
Lot Containment Coating IS Grant $10,000.00
Lot General Coatings LS Grant $3,000.00
Lot Signs&Labels IS Grant $1,500.00
Lot Stone/Fill IS Grant $1,200.00
Subtotal Grant $42,100.00
Grant subtotal $174,250.00
Grant Engineering costs(15%) $26,137.50
Chemical(fluoride supply for one year based on average MGD flow)Hydrofluosilicic Acid(23%)$1.98/gallon $12,750.00
Total Grant Request Amount $213,137.50
Received October 22,2019
1ati.,‘
Chip Approved November 19,2019
Ile
0‘, t.
28
COHZ4
0
Invoice Template for each Unit Cost over$5,000.00 0
Attachment VI co
Ca
When purchasing any individual
co
unit item exceeding$5,000.00 Copy of �c
or more please provide the Condition Location(The water Unit Date the Photo `D
following documentation for Description Serial Quantity of Each plant's physical Purchase Item/s paid Total (Before
0
reimbursement purposes. of Item Manufacturer Number Purchased Item address) Cost Received receipt Expended and After) cn
-n
co
m
-n
T
D
cn
co
cn
co
Invoice Requirements
vvnne yauienrry uuc.umerauun iur 0
the invoice process,please take
photos of each item purchased and Copy of the
maintain them throughout the paid receipt,
contract term. All purchases and shipping Photo(Before
installations must be in accordance documentation and After)
with Florida Administrative Code ,signed&
Rule 62-555.325.Also,please dated
provide the supporting
documentation listed.
Ex:Lets say you want to purchase
goggles for staff at the WTP.First,
take a photo of the current
goggles being used.
Then,once the goggles are
delivered,take a photo that clearly
shows the new goggles were
received
29 COHZ4-City of Boynton Beach
Doru$1.f►,;
SOCU*SD
Certificate Of Completion
Envelope Id:805CF7BA100B42F8A1A7A5A195B31A7D Status:Sent
Subject:Contract COHZ4: Has been sent to the providers POC to obtain signature
Source Envelope:
Document Pages:30 Signatures:0 Envelope Originator:
Certificate Pages:2 Initials:0 JoAnn Nelson
AutoNav:Enabled JoAnn.Nelson@flhealth.gov
Envelopeld Stamping: Enabled IP Address:10.62.90.193
Time Zone:(UTC-05:00) Eastern Time(US&Canada)
Record Tracking
Status:Original Holder:JoAnn Nelson Location:DocuSign
8/6/2020 10:26:07 AM JoAnn.Nelson@flhealth.gov
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Shannon Harp
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Carahsoft OBO Florida Department of Health
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COPIED
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