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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-0031 2 3 4 5 6 I 3 33 34 35 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 4-fO-,-3 7/1/89 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 2 0 0 P-90r3 7/1/89 ORIGIN4L 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. 3 ORI 10-3 7/ 1/89 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. . 4 7/ 1/89 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 .1 R-9o-3 7/1/89 ORIGINAL 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. 0 6 p-9 0-3 7/ 1/89 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 E r� O2-`0-13 R I G l NA L Contract No. / 1/89 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 8 L 9 -i U '3 -1-89 ORIGINAL 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. 9 NAo5 MOON 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] NA05 ORIGINAL 2 90 3 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. 11 NAOS A1%Ad bury .6AJ%X\6Z. AuUlla K - 9 0- J 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. 7/1/89 12 1.1 0 L� 2-90- 3 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 13 11 0 C�