HomeMy WebLinkAboutCity of Tamarac Resolution R-90-0031
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Temp. Reso. #5649
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--90- -3
A RESOLUTION AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
A CONTRACT WITH THE FLORIDA DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES
TO ACCEPT FEDERAL FUNDING FROM THE
FLORIDA FLUORIDATION GRANT
ADMINISTERED BY THE STATE DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are hereby
authorized to execute a Contract with the Florida Department of
Health and Rehabilitative Services to accept Federal funding in the
amount of $4,294.00 from the Florida Fluoridation Grant adminis-
tered by the State Department of Health and Rehabilitative
Services; a copy of said agreement being attached hereto as
"Exhibit 1".
SECTION 2: This Resolution shall become effective
immediately upon adoption..
PASSED, ADOPTED AND APPROVED this /0 day of 11990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
RICHARD DO
CITY ATTORNrY
NORMAN ABRAMOWITZ
MAYOR
REGURU u,
MAYOR ABRAMOWITZ
DISTRICT 1: C M ROHR
DISTRICT 2: C/� M STELZER
DISTRICT 3: C/M H F. 0., FMAN -�
DISTRICT 4: V� /,�,M BEN,,, DER
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Contract No
� 0111G11VASTATE OF FLORIDAL
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
STANDARD CONTRACT
THIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative
Services, hereinafter referred to as the "department", and
The City of Tamarac
hereinafter referred to as the "provider'. '
The parties agree:
I. The Provider Agrees:
A. To provide services according to the conditions specified in Attachment I.
B. Federal Lars and Regulations
I. If this contract contains federal funds, the provider shall comply with the
provisions of 45 CFR, Part 74, and other applicable regulations as specified in
Attachment Z
2. If this contract contains federal funds and is over $100,000, the provider shall
comply with all applicable standards, orders, or regulations issued pursuant to the
Clean Air Act, as amended (42 USC 1857 et seq.) and the Water Pollution Control Act,
as amended (33 USC 1368 et seq.).
C. Audits and Records
1. To maintain books, records, and documents in accordance with accounting procedures
and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided by the department under this contract.
2. To assure that these records shall be subject at all times to inspection, review, or
audit by state personnel and other personnel duly authorized by the department, as
well as by federal personnel,
3. To maintain and file with the department such progress, fiscal, inventory, and other
reports as the department may require within the period of this contract.
4. To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
5. To provide a financial and compliance audit to the department as specified in
Attachment I Additional audit requirements are specified in Special
Provisions, Attachment I, Section N/A
dc-70-3
711/89
IIV4 ORIGL0. Retention of Records
1. To retain all financial records. supporting documents, statistical records, and any
other documents pertinent to this contract for a period of five (5) years after
termination of this contract, or if an audit has been initiated and audit findings
have not been resolved at the end of five (5) years. the records Shall be retained
until resolution of the audit findings.
2. Persons duly authorized by the department and federal auditors, pursuant to 45 CFR,
Part 74.24(a).(b), and (d), shall have full access to and the right to examine any of
said records and documents during said retention period.
E. Monitoring
1. To provide progress reports, including data reporting requirements as specified in
Attachment I . These reports will be used for monitoring progress or performance
of the contractual services as specified in Attachment I .
2. To provide access to, or to furnish whatever information is necessary to effect this
monitoring.
3. To permit the department to monitor the aforementioned service program operated by
the provider or subcontractor or assignee according to applicable regulations of the
state and federal governments. Said monitoring will include access to all client
records.
F. Indemnification
To be liable for, and to indemnify, defend, and hold the department harmless, to the extent
allowed by law, from all claims, suits, judgments, or damages, including court costs and
attorneys' fees, arising out of the negligent acts or omissions of the provider in the course
of the operation of this Contract. Nothing herein is intended to serve as a waiver of
sovereign immunity by any provider to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State
of Florida to be sued by third parties in any matter arising out of any contract.
G. Insurance
To provide adequate liability insurance coverage on a comprehensive basis at all times during
the existence of this contract. Upon the execution of this contract, the provider shalt
furnish the department written verification of the existence of such insurance coverage. If
the provider is a county or municipality, the provider shall furnish the department written
verification of liability coverage in accordance with Section 768.28(5), Florida Statutes.
H. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this contract
for any purpose not in conformity with the state regulations and federal regulations (45 CFR,
Part 205.50). except upon written consent of the recipient, or his responsible parent or
guardian when authorized by law.
I. Client Information
To submit management, program, and client identifiable data, as specified by the departmert
in Attachment IVA , to the department for inclusion in the HRS Client Information System,
J. Assignments and Subcontracts
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. No such approval by the department of any assignment or subcontract shall be
deemed in any event or in any manner to provide for the incurrence of any obligation of the
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department in addition to the total dollar amount agreed upon in this contract. All such
assignments or subcontracts shall be subject to the Conditions of this contract (except
. Section I, Paragraph 0) and to any conditions of approval that the department shall deem
necessary.
K. Financial Reports
To provide financial reports to the department as specified in Attachment I
L. Return of Funds
To return to the department any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this contract that were disbursed to the provider by the department.
The provider shall return any overpayment to the department upon discovery of the
overpayment. In the event that the department first discovers an overpayment has been made,
the department will notify the provider by letter of such a finding. Should.repayment not be
made in a timely manner, the department will charge interest of one (1) percent per month
compounded on the outstanding balance after forty-five (45) days. Days will be counted
beginning with the day the amount was booked as a receivable by the department.
M. Unusual Incident Reporting
If services to clients will be provided under this contract, the provider and anv
subcontractors shall report to the department unusual incidents in a manner prescribed in
HRSR 0-10-1.
M. Transportation Disadvantaged
If clients will be transported under this contract, the provider will subcontract with the
designated Coordinated Community Transportation Provider, in accordance with the local
Memorandum of Agreement, or otherwise comply with the provisions of Chapter 427, Florio?
Statutes. The provider shall submit to the department the reports required pursuant to
Volume 10, Chapter 27, HRS Accounting Procedures Manual.
0. Purchasing
It is expressly understood and agreed that any articles which are the subject cf, or are
required to carry out this contract shall be purchased from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in
the same manner and under the procedures set forth in Section 946.515(2),(4), Florida
Statutes. For purposes of this contract, the person, firm, or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for this agency insofar
as dealings with PRIDE. This clause is not applicable to any subcontractors, unless
otherwise required by law.
P. Civil Rights Certification
The provider gives this assurance in consideration of and for the purpose of obtainina
federal grants, loans. contracts (except contracts of insurance or guaranty), property,
discounts, .or other federal financial assistance to programs or activities receiving or
benefiting from federal financial assistance. The provider agrees to complete the Civil
Rights Compliance Questionnaire, HRS Forms 946 A and B, if so requested by the department.
The provider assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq.. which
prohibits discrimination on the basis of race, color, or national origin in programs
and activities receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
is prohibits discrimination on the basis of handicap in programs and activities
receiving or benefiting from federal financial assistance.
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3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq..
which prohibits discrimination on the basis of sex in education programs and
activities receiving or benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended. 42 U.S.C. 6101 et seq., which
prohibits discrimination on the basis of age in programs or activities receiving or
benefiting from federal financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981. P.L. 97-35, which prohibits
discrimination on the basis of sex and religion in programs and activities receiving
or benefiting from federal financial assistance.
6. All regulations, guidelines, and standards lawfully adopted under the above statutes.
The provider agrees that compliance with this assurance constitutes a condition of continued
receipt of or benefit from federal financial assistance. and that it is binding upon the
provider, its successors, transferees, and assignees for the period during which such
assistance is provided. The provider further assures that all contractors, subcontractors,
subgrantees, or others with whom it arranges to provide services or benefits to participants
or employees in connection with any of its programs and activities are not discriminating
against those participants or employees in violation of the above statutes, regulations,
guidelines, and standards. In the event of failure to comply, the provider understands that
the Grantor may, at its discretion, seek a court order requiring compliance with the terms of
this assurance or seek other appropriate judicial or administrative relief, to include
assistance being terminated and further assistance being denied.
q. Requirements of Section 287.058, Florida Statutes
1. To submit bills for fees or other compensation for services or expenses in sufficient M
detail for a proper pre -audit and post -audit thereof.
2. Where applicable, to Submit bills for any travel expenses in accordance with
Section 112.061, Florida Statutes. The department may establish rates lower than the
maximum provided in Section 112.061.
3. To provide units of deliverables, including reports, findings, and draFts as
specified in Attachment—1 I to be received and
accepted by the contract manager prior to payment.
4. To comply with the criteria and final date by which such criteria must be met for
completion of this contract as specified in Section III, Paragraph A.2 of this
contract.
5. To allow public access to all documents, papers, letters, or other materials subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
provider in conjunction with this contract. It is expressly understood that
substantial evidence of the provider's refusal to comply with this provision shalt
constitute a breach of contract.
R. Withholdings and Other Benefits
1. The provider is responsible for Social Security and Income Tax withholdings.
2. The provider is not entitled to state retirement or leave benefits except where the
provider is a state agency. .
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0RIGINq�
3. Unless justified by the provider and agreed to by the department in Attachment I.
Special Provisions, Section D. the department will not furnish services of support
normally available to career services employees (e.g.. office space, office supplies,
telephone service, secretarial, or clerical support).
$. Sponsorship
As required by Section 286.25, Florida Statutes. when sponsoring a program financed wholly or
in part by department funds. including any funds obtained through this contract, the provider
assures that all notices, informational pamphlets, press releases. advertisements.
descriptions of the sponsorship of the program, research reports, and similar public notices
prepared and released by the provider shall include the statement:
'Sponsored by the City of Tamarac
PROVIDER
and the State of Florida, Department of Health and Rehabilitative, Services'. If the
sponsorship reference is in written material, the words 'State of Florida, Department of
Health and Rehabilitative Services" shall appear in the same size letters or type as the name
of the organization.
T. Physician. Dentist, or Chiropractor Services
If this contract and/or any subcontract resulting therefrom involve engaging. as part of the
provider's full or part-time staff, a physician, dentist, or chiropractor required to be
licensed pursuant to Chapters 458, 466, and 460, Florida Statutes, respectively, the provider
or subcontractors) will conduct a background investigation on each individual, prior to
hiring such individual, or if already hired, prior to the execution of this contract or
subcontract. The background investigation shall include contact with the Florida Department
of Professional Regulation (DPR) to ensure that:
I. The physician, dentist. or chiropractor has a current license to practice in Florida
with no restrictions which would preclude the carrying out of assigned duties and
responsibilities.
2. The physician, dentist, or chiropractor has no record of having been disciplined
(i.e., license suspended or revoked, censured, penalized/fined, or placed on
probation) in Florida or any other state.
The provider and/or subcontractor(s) shall submit documentation of the background
investigation substantiating the above conditions to the contract manager and shall obtain
departmental approval prior to hiring or otherwise continuing to engage the services of a
physician, dentist, or chiropractor. The documentation requirement shall be met in all cases
regardless of the fact that the individual has a clean, clear, unblemished disciplinary
record. Failure to comply with this provision will constitute a breach of contract..
II. The Department Agrees:
A. Contract Mount
To pay for contracted services according to the conditions of Attachment I in an amount not
to exceed S 4t294 , subject to the availability of funds. The State of
Florida's performance and obligation to pay under 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
Pursuant to Section 215.422, Florida Statutes. on receipt of an invoice and receipt,
inspection, and approval of the goods or services. the department shall file the invoice with
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the Comptroller within fifteen (15) days. If the payment of the invoice is not mailed by the
department to the vendor within forty-five (45) days after receipt of the invoice and
receipt, inspection, and approval of the goods and services. the department will pay the
vendor, in addition to the amount of the invoice, interest at a rate of one (1) percent per
month, or portion thereof, on the unpaid balance from the expiration of such forty-five (45)
day period until such time as the warrant is mailed to the vendor. Exceptional circumstances
as defined in Section 215.422(2), Florida Statutes, may permit the deadline for payment to be
revised.
III. The Provider and Department Mutually Agree:
A. Effective Date 1989
I. This contract shall begin on December 1' or on the date on
which the contract has been signed by both parties, whichever is later.
2. This contract Shall end on
B. Termination
November 30, 1990
1. Termination at Will
This contract may be terminated by either party upon no less than thirty (30) days
notice, without cause. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery.
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 twenty-four (24) hours notice in writing to
the provider. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. The department shall be the final
authority as to the availability of funds.
3. Termination for Breach
Unless the provider's breach is waived by the department in writing, the department
may, by written notice to the provider. terminate this contract upon no less than
twenty-four (24) hours notice. Said notice shall be delivered by certified mail;
return receipt requested, or in person with proof of delivery. If applicable, the
department may employ the default provisions in Chapter 13A-1, Florida Administrative
Code. Waiver of breach of any provisions of this contract shall not be deemed to be
a waiver of any other breach and shall not be construed to be a modification of the
terms of this contract. The provisions herein do not limit the department's right to
remedies at law or to damages.
C. Notice and Contact
The name and address of the contract manager for the department for this contract is:
Susan Allen, Public Health Dental Program, 1317 winewood Blvd., Tall. 32399-0700
The representative of the provider responsible for administration of the program under this
contract is Robert J. Foy, Director of Utilities/Engineering
In the event that different representatives are designated by either party after execution of
this contract, notice of the name and address of the new representative will be rendered in
writing to the other party and said notification attached to originals of this contract.
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D. Renegotiation or Modification
• 1. Modifications of provisions of this contract shall only be valid when they have been
reduced to writing and duly signed. The parties agree to renegotiate this contract
if federal and/or state revisions of any applicable laws, or regulations make changes
in this contract necessary,
2. The rate of payment and the total 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.
E. Now, Mailing and Street Address of Payee
1. The name and mailing address of the official payee to whom the payment shall be made:
City of Tamarac
7805 Northwest 61st Street
Tamarac, FL 33321••4604
2. The name of the contact person and street address where financial and administrative
records are maintained:
Robert J. Foy, Director of Utilities/Enaineerina
7805 Northwest 61st Street
Tamarac, FL 33321-4604
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F. All Terms and Conditions Included
This contract and its attachments as referenced, ( Attachments I II and III)
contain all the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this 13 page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER
city of amazac
SIGNED BY:
NAME: A M OW l T 2—
STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES
SIGNED BY:
NAME:
TITLE: yo TITLE:
DATE: / / 5r IO DATE:
FEDERAL ID NUMBER:
(or SS Number for an individual)
.5'9�D`�Dok�
STATE AGENCY 29 DIGIT SAMAS CODE:
(for journal transfer only)
PROVIDER FISCAL YEAR ENDING DATE:
Sept. 30
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Health Services
Dental Program
Fluoride Supply
0 ATTACHMENT I
Statement of Work:
The provider will use the funds from this contract to purchase
second year fluoride supply to continue fluoridating the
community water system. The provider agrees to continue
fluoridation of the community water system after grant funds have
been expended.
A. Services to be Provided:
I. The provider will use the funds from the contract to
purchase second year fluoride supply to fluoridate the
community's water supply.
2. The provider agrees to continue fluoridation of the
community's water supply after grant funds have been
expended.
0 B. Manner of Service Provision:
The provider will purchase second year fluoride supply to
fluoridate the community water system. The provider will
commit to continuing operation of the fluoridation system
after grant funds are no longer available.
C. Performance Standards:
I. Copies of invoices for 1st year fluoride supply cost will be
submitted to the department within 45 days of the end of the
1st year of operation.
2. Fluoride supply should be purchased, within one month of the
date of the grant award.
3. Daily fluoride results and monthly split sample results will
be submitted to the Department on a monthly basis for
monitoring purposes within 15 days after the end of the
month.
4. Copies of invoices for 2nd year fluoride cost will be
submitted to the department within 45 days of the end of
contract date.
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E.
ORIGINAL
2-'iv -3
Expected Outcomes: 0
Residents served by the community system will consistently
receive water containing optimal levels of fluoride.
Method of Pavment:
1. This is an advance -fixed price contract for a total dollar
amount not to exceed $ 4,294.00 subject to the availability
of funds. An advanced request will be submitted to the
department for the second -year fluoride chemicals. The
request shall be received and accepted in writing by the
contract manager prior to payment and must reflect products
to be delivered, anticipated date of delivery, and amount
due by unit of deliverable. The request will be on a one-
time basis and shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof.
2. The total contract amount includes all or a portion of the
purchase of fluoridation chemicals for the second year of
operation. Copies of invoices for second -year chemical
costs along with an expenditure report will be sent to the
Public Health Dental Program within three months of the end
of the contract as specified in Section 111.A.2. of this
contract.
3. The provider will submit copies of both daily and split
sample reports (as required by FAC 17-22) to the contract
manager on a monthly basis.
F. Special Provisions:
1. The provider will have an annual financial and compliance
audit performed by an independent auditor per specifications
outlined in Attachment 11.
2. Advanced funds may be temporarily invested by the provider
in an insured interest -bearing account. Contingent upon the
approval of the State Comptroller, interest earned on
advanced funds shall be utilized by the community to
purchase fluoridation chemicals for the second year of
project support.
3. Both parties agree that the grant program is based upon the
availability of federal funds under this or any duly
authorized successor grant, and the Public Health Dental
Off]
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Program Office has no funding obligation if the grant ends
without a successor grant.
4. The provider must maintain on file backup documentation
needed for specific charges incurred under a cost
reimbursement contract. In order for the invoices
containing these charges to be processed properly without
delay, the type of backup documentation required for the
charges is identified below.
a. Funds paid to the provider according to the terms of
this contract must be spent by the provider as detailed
in the line item budget in Attachment 111.
b. The provider will submit copies of both daily and split
sample reports (as required by Department of
Environmental Regulation FAC 17-22) to the contract on
a monthly basis.
5. No travel expenses may be incurred under this contract.
6. Purchases made from outside vendors must be supported by
invoices or receipts. Purchase for all in-house postage
(i.e., metered) and reproduction expenses must be supported
by usage logs or similar documentation.
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ATTACHMENT 11 ORIGINAL
This attachment is applicable if the provider or grantee hereinafter referred
to as provider, is a local government, university, hospital or other nonprofit
entity. The requirements of this attachment shall not apply if the total of
all funds received from,the department during the provider's fiscal year is
less than $25,000. The provider has "received" funds when it has obtained
cash from the department or when it has incurred expenses which will be
reimbursed by the department.
The provider agrees to have an annual financial and compliance audit performed
by independent auditors in accordance with the current Standards for Audit of
Governmental Organizations, Programs, Activities and Functions (the "Yellow
Book") issued by the Comptroller General of the United States. Local
governments shall comply with Office of Management and Budge (OMB) Circular
A-128, Audits of State and Local Governments. Universities, hospitals and
other nonprofit providers shall comply with the audit requirements contained
in Attachment F of OMB Circular A-110, Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Nonprofit Organizations, except as
modified herein. Such audits shall cover the entire organization for the
organization's fiscal year, not to exceed 12 months. The scope of audits
performed need inc�)xde only the financial and compliance requirements of the
"Yellow Book", and may disregard those related solely to economy and
efficiency or to program results. An audit performed by the Florida Auditor
General shall satisfy the above requirements.
Compliance findings related to contracts with the department shall be based on
the contract requirements, including any rules, regulations, or statutes
referenced in the contract. Liabilities due to the department, because of
unexpended funds or because funds were not expended in accordance with •
contract terms, shall be calculated and fully disclosed in the audit report.
This requirement does not expand the scope of the audit as prescribed by the
"Yellow Book".
Audit reports of audits performed by independent auditors other than the
Florida Auditor General shall include, in addition to the basic financial
statements; (a) a detailed schedule of all revenues identified by source,
such as individual, contracts by contract number, client fees, and private
donations; and, (b) a schedule of functional expenses which presents line
item expenditures such as salaries, travel and supplies by program services
and supporting services, with the portion of total supporting services
allocable to programs presented as a single line item increasing program
services and decreasing supporting services. Where applicable, the audit -
report shall include a computation showing whether or not matching
requirements were met.
Copies of the financial and compliance audit report, management letter, and
all other correspondence related to the audit, if any, of audits performed by
independent auditors, other than the Florida Auditor General, shall be
submitted within 120 days after the end of the provider's fiscal year, unless
otherwise required by Florida Statutes, to both:
a. Office of Audit and Quality Control Services
1317 Winewood Boulevard, Building 3, Room 219
Tallahassee, Florida 32399-0700
b. Contract manager for the department 0
The provider shall ensure that audit working papers are made available to the
department, or its designee, upon request for a period of five years from the
date the audit report is issued, unless extended -in writing by the department.
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Attachment III
Second Year Fluoride Supply for the City of Tamarac
Cost of 1st Year Fluoride Supply $4,244
Amount Grant Paid L 200
Underpayment $ 44
Estimated Cost of 2nd Year Supply $4,250
Underpayment 44
Contract Amount for 2nd Year Supply $4,294
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