Okaloosa County BOCC — May 20, 2014 — State of Florida Department of Revenue Standard Contract CST46

Contract Number CST46 STATE OF FLORIDA DEPARTMENT OF REVENUE STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Revenue Child Support Program, hereinafter referred to as the "Department" or “the Program,” and Okaloosa County Board of County Commissioners hereinafter referred te as the "contractor." A. 1. THE CONTRACTOR AGREES: Contract Document To provide commodities and services indicated on Attachment A in accordance with the terms and conditions specified in this contract. Purchase order(s) may be issued to the contractor annually. This contract was established by the following procurement method: sole source government. That the contract document consists of all attached documents, and that the order of precedence Is established in Attachment B: Governing Law That this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law including Florida provisions for conflict of laws. Venue shall be Tallahassee, Florida. Cc. 1. Invoicing and Travel To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. That where itemized payment for travel expenses are permitted In this contract, to submit bills for any travel expenses in accordance with section 112.061, F.S. or at such lower rates as may be provided in this contract. That invoices shall be emailed to: sheriff_invoices@dor.state.fl.us Records and Retention To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the Department under this contract. To retain, at no additional cost to the Department, all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after completion of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records and documents shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. Upon demand and at no additional cost to the Department, the contractor will facilitate the duplication and transfer of any records or documents during the required retention period. Audits, Inspections, Investigations and Monitoring To allow public access to all documents, papers, letters, or other public records as defined in Chapter 119, Florida Statutes, made or received by the contractor in conjunction with this contract except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the contractor's failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate the contract. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the Department. To permit persons duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods and services of the contractor which are relevant to this contract; and to interview any clients, employees and subcontractor employees of the contractor to assure the Department of the satisfactory performance of the terms and conditions of this contract. Following such review, the Department will deliver to the contractor a written report of its findings and where appropriate, a request for the contractor to submit a corrective action plan (see subsection IlI.C.). To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Office of the Inspector General (Section 20.055, Florida Statutes), and/or the Auditor General of Florida. To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments. Template Revised 2/3/2014 1 Contract Number CST46 6. To provide a financial and compliance audit to the Department as specified in N/A and to ensure that all related party transactions are disclosed to the auditor. F. Indemnification | NOTE: Except to the extent permitted by s.788.28, F.S.. or other applicable Florida Law. Paragraphs I.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions. 4. To be liable for and indemnify, defend, and hold the Department and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys’ fees and costs, arising out of any act, actions, neglect, or omissions by the contracter, its agents, or employees during the performance or operation of this contract or any subsequent rnadifications thereof. 2. That its inability to evaluate its liability or its evaluation of liability shall not excuse the contractor's duty to defend and to indemnify within seven (7) days after notice by the Department by certified mail. After the highest appeal taken is exhausted, only an adjudication or Judgment specifically finding the contractor not lable shall excuse performance of this provision. The contractor shall pay all costs and fees including attorneys’ fees related to these obligations and their enforcement by the Department. The Department's failure to notify the contractor of a claim shall not release the contractor from these duties. The contractor shall not be liable for the sole negligent acts of the Department. 3. That it is an independent contractor and not an agent or employee of the Department. G. Insurance To provide continuous adequate liability insurance coverage during the existence of this coritract and any renewal(s) and extension(s). By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the contractor and the customers to be served under this contract. Within five (8) business days of the execution of this contract, the contractor shall furnish to the contract manager, 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 of Florida. The Department reserves the right to require additional insurance as may be specified in this contract. H. Confidentiality of Information To abide by the state legislative and federal palicy concerning safeguarding confidential information obtained from state taxpayers, child support recipients, and other sources. By signing this contract contractor acknowledges on behalf of contractor and subcontractors employees, that the policy is understood and that no specific taxpayer or child support information possibly obtained while providing services for the Department, will be released. Contractor also agrees, if requested by the Department, to require contracted and subcontracted personnel assigned to work this contract, to sign an Individual Contractor Security Agreement Form {Attachment G) within five (5) business days of the signing of this contract or hire and to provide the original signed agreement to the contract manager. 1. That disclosure of taxpayer information or information relative to custodial parents - no matter how it was obtained by the Department - including information contained on tax returns, received in phone caifs, or arly communication is prohibited. A tax return and all information contained on it is confidential. This includes any document submitted to the Department by any person, any amendment or supplement and all supporting schedules, attachments or lists. 2. That disclosure of a taxpayer's or custodial parent's identity, the nature, source, or amount of his/her income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, or any other information about a person obtained by the Department is prohibited. Identity includes the name of a person, his or her mailing address, his or her taxpayer identifying number or social security number, or any combination thereof. Disclosure means making known to any pefson in any manner whatsoever, the contents of a return, return information, or the identity or a taxpayer or custodial parent. 3. That the Department has an obligation to the taxpayer and custodial parent and a lawful duty to protect the confidentiality of taxpayer and child support information. Taxpayers and custodial parents expect the Department to take the necessary measures to protect their right to privacy. Therefore, each person given access to confidential information must ensure the confidentiality of the information entrusted to the Department and prevent its unauthorized disclosure. 4. THAT IF THERE IS ANY DOUBT OR UNCERTAINTY CONCERNING DISCLOSURE OF TAXPAYER OR CHILD SUPPORT INFORMATION, THE INFORMATION MUST NOT BE DISCLOSED. Any questions should be directed to the contract manager who will discuss the question with the Department’s Disclosure Officer within the Office of General Counsel 5. Pertaining to IRS Tax Retum information: a. Pursuant to IRS Publication 1075, Section 11.3, all agencies intending to disclose federal tax information to contractors (including consolidated data centers, off-site storage facilities, shred companies, information technology support, ard for tax modeling or revenue forecasting purposes) must notify the IRS prior to executing any agreement to disclose to such a person (contractor), but in no event less than 45 days prior to the disclosure of FTI (Federal Tax Information). In addition, if an existing contractor employs ihe services of a sub-contractor, a Template Revised 28/2014 2 Contract Number CST46 notification Is required 45 days prior to the disclosure of FTI. State tax authorities are authorized by statute te disclose information to contractors for the purpose of, and fo the extent necessary, in administering state tax laws, pursuant to Treasury Regulatlon 301.6103(n)-1, Agencies receiving FTI under authority of IRC 6103(1)(7) may not disclose FTI to contractors for any purpose. XFTI will not be disclosed, __FTI will or may be disclosed. Prior IRS approval has been obtained and is in the contract manager's files. IRS Publication 1075, Exhibit 12, provides detailed requirements on the content of the 45 day notification to the IRS. The contract manager should refer to: http:/Awww.irs.gov/pub/irs-pdf/p1075.pdf . That information available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contalned in such materlal will be treated as confidential and will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an officer or employee of the Department Is prohibited. . That the contractor agrees to-completely purge tax return data processed during the performance of this contract from ail data storage components of his or her computer facility, and no output will be retained by the contractor at the time the work is completed. If immediate purging of all data storage components is not possible, the contractor agrees to safeguard any IRS date remalning tn any storage component to prevent unauthorized disclosures. . That any spollage or any Intermediate hard copy printout that may result during the processing of IRS data must be given te the Department. When this is not possible, the contractor is responsible for the destruction of the spoilage or any Intermediate hard copy printouts, and must provide Department with a statement containing the date of destruction, description of material destroyed, and the method used. . That no work Involving federal tax Information furnished under this contract will be subcontracted without prior written approval of the Department and the IRS. That the contractor must malntaln a list of amployees authorized to access IRS tax Information. Such list ls to be submitted to the Department's contract manager annually and, upon request, to the IRS reviewing office. . To safeguard all return information as outlined in Sections 1 through 11 in IRS Publication 1075 (rev. 6/2000) or any subsequent publication. . That the Department retains the right to terminate this contract if the contractor falls to provide the safeguards described above. That disclosure of tax returns or tax return Information for a purpose or to an extent unauthorized hereln constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five (5) years, or both, and the costs of prosecution. Unauthorized disclosure of returns or return Information may also result In elvil damages in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penaltles are preserlbed by IRC Sections 7213 and 7431 and set forth at 26 CFR 301.6103(n)-1. That Information contained In such materlal shall be treated as confidential and shall not be divulged or made known in any manner te any person except as may be necessary In the performance of the contract. Inspection by or disclosure to anyone without an officlal need to knew constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as one (1) year, or both, and the costs of prosecution. Any such unauthorized Inspection or disclosure of returns or return information may also result In civil damages In an amount equal te the sum of the greater of $1,000 for each act of unauthorized inspection or disclosure with respect to which such defendant Is found llable or the sum of the actual damages sustained by the plaintiff as a reault of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which js the result of gross negligence, punitive damages, plus the costs of the actlon. These penaltles are prescribed by IRC Section 7213A and 7431. . That It is Incumbent upon the contractor to Inform its staff and subcontractors of the penalties for Improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 52a. Specifically, 5 U.S.C. 662a(1)(1), which is made applicable to contractors by 5 U.S.C, §52a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to Department records which contain Individually identifiable Information, the disclosure of which Is prohibited by the Privacy Act or regulatlons established hereunder, and who knowing that disclosure of the specific material Is prohibited, willfully discloses the material In any manner to any person ot Department not entitled to recetve It, shall be guilty of a misderneanor and fined up to $5,000. That the IRS and Departrnent shall have the right to send Its officers and employees Into the offices and plants of the contractor or subcontractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required In cases where the contractor Is found to be non-compliant with contract safeguards. Template Revised 2/3/20) 4 3 J. Contract Number CST46 That the Contractor is subject to the provisions of s. 817.5681, Florida Statutes, that requires the reporting and remedies for breach of security related to third-party confidential information, as well as fines of up to $500,000 for failure to report timely. For persons affected by a breach who reside outside the state of Florida, the Contractor would also be subject to comply with the laws of States where those individuals reside. Assignments and Subcontracts To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the Department which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the Department shall be null and void. To be responsible for all work performed and for all products produced pursuant to this contract whether actually furnished by the contractor or its subcontractors. Any subcontracts shall be evidenced by a written document. The contractor further agrees that the Department shall not be liable to the subcontractor in any way or for any reason. The contractor, at its expense, will defend the Department against such claims. To make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the Depariment in accordance with s. 287.0585, F.S., unless otherwise stated in the contract between the contractor and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the contractor and paid to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the contractor. In the event the State of Florida approves transfer of the contractor's obligations, the contractor remains responsible for all work performed and all expenses incurred in connection with the contract. This contract shall remain binding upon the successors in interest of either the contractor or the Department. Return of Funds To return to the Depariment any overpayments due to unearned funds or funds disallowed pursuant to the terms and conditions of this contract that were disbursed to the contractor by the Department. In the event that the contractor or its independent auditor discovers that an overpayment has been made, the contractor shall repay said overpayment immediately without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the contract manager, on behalf of the Department, will notify the contractor by letter of such findings. Should repayment not be made forthwith, the contractor will be charged at the lawful rate of Interest on the outstanding balance after Department notificatign or contractor discovery. K. 1. Purchasing To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the contractor shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE at (850) 487-3774. To purchase products and services available frem the Blind or Handicapped in accordance with Section 413.036(3), F.S. which states: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and 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 the State agency insofar as dealings with such qualified nonprofit agency are concerned.” Additional information about the designated nonprofit agency and the products it offers is available at http:/Awww.respectofflorida.org. To procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of sections 403.7085, and 287.045, F.S. MyFlorida MarketPlace Fee That the State of Florida has instituted MyFloridaMarketPlace, a statewide e-Procurement system. Pursuant to section 287.057, Florida Statutes, all vendors wishing to do business in Florida, must register through the MyFloridaMarketPlace website on the Internet unless exempt pursuant to 60A-1.032, F.A.C. Additionally, all payments made to a non-exempt vendor shall be assessed a Transaction Fee of one percent (1.0%), which is paid to the State. For payments made to the contractor through the State’s accounting system (FLAIR or its successor), the Transaction Fee shall be, when possible, automatically deducted from the payments to the contractor. If automatic deduction is not possible, the contractor shall pay the Transaction Fee following the process outlined in Rule 60A-1.031(2), F.A.C. This rule requires the contractor to submit reports on a periodic basis which identify payments received from State entities and then to submit payment of the Transaction Fee accordingly. By submission of these reporis and corresponding Template Revised 2/3/2014 4 Contract Number CST46 payments, the vendor certifies their correctness. All such reports and payments are subject to audit by the State or its designee. The contractor shall receive credit for any Transaction Fee paid for the purchase of any item(s) if such item(s) are returned to the contractor through no fault, act, or omission of the contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the contractor in default and recovering re-procurement costs from the contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. L. Non-discrimination Requirements That the contractor will not discriminate against any employee in the performance of this contract or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status, sex or genetic information. The contractor further assures that all subcontractors, sub grantees, or others with whom it arranges to provide services or benefits to particlpants or employees in connection with any of its programs and activities are not discriminating against those participanis or employees because of age, race, religion, color, disability, national origin, marital status, sex or genetic information. This is binding upon the contractor employing fifteen (15) or more individuals. M. Employment of illegal Aliens That unauthorized aliens shall not be employed by the contractor. The Department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a). Such violation shall be cause for unilateral cancellation of this contract by the Department. That pursuant to Executive Order 11-02 signed on January 4, 2011, the Contractor will utilize the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and subcontractors. N. Independent Capacity of the Contractor 1. Toactin the capacity of an independent contractor and not as an officer, employee of the State of Florida, except where the contractor is a state agency. Neither the contractor nor its agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the Department unless specifically authorized in writing to do so. 2. That this contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or obligations of this contract. 3. To take such actions as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 4. That the Department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the contractor, or its subcontractor or assignee, unless specifically agreed to by the Department in this contract. 5. That all deductions for social security, withholding taxes, income taxes, garnishment or other court reductions in pay, contributions to unemployment compensation funds and all necessary insurance for the contractor, the contractor's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the contractor. 0. Sponsorship That as required by section 286.25, F.S., if the contractor is a non-govemmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by (contractor's name) and the State of Florida, Department of Revenue.” If the sponsorship reference is in written material, the words “State of Florida, Department of Revenue” shall appear in the same size letters or type as the name of the organization, Such sponsorship is subject to the prior written approval of the Department. P. Publicity That without limitation, ihe contractor and its employees, agenis, and representatives will not, without prior Departmental written consent in each instance, use In advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State affiliate or any officer or employee of the State, or represent, directly or indirectly, that any product or service provided by the contractor has been approved or endorsed by the State, or refer to the existence of this contract in press releases, advertising or materials distributed to the contractor’s prospective customers. Q. Final Invoice To submit the final Invoice for payment to the Department no more than FORTY-FIVE (45) days after the contract ends or is terminated. If the contractor fails to do so, all rights to payment are forfeited and the Department will not honor any requests Template Revised 2/3/2014 5 Contract Number CST46 submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports, deliverables and tasks due fram the contractor pursuant to this contract and necessary adjustments thereto have been approved by the Department. R. Lobbying To comply with the all applicable lobbying regulations, including Sections 11.062 and 216.347, F.S., which limit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S$. Public Entity Crime That pursuant to section 287.133, F.S., 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/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 the 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, F.S., for CATEGORY 2 for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. T. Patents, Copyrights, Royalties and Rights to Products 1. That if any discovery or Invention arises or is developed in the course of or as a result of work or services performed under this contract, or in anyway connected herewith, the contractor shall refer the discovery or invention to the Department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2. That in the event that any books, manuals, films, or other copyrightable materials are produced, the contractor shall notify the Department for referral to the Department of State. Any and all copyrights accruing under or in corinection with performance under this contract are hereby reserved to the State of Florida. 3. That the contractor, if not a state agency, shall indemnify, save and hold the Department and its employees harmless from any liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the contractor in the performance of this contract. 4. That the Department will provide prompt written notification to the contractor of any claim of copyright or patent infringement as provided in section 286.021, F.S. Further, if such claim is made or is pending, the contractor may, at its option and expense, procure for the Department, the right to continue use of, replace, or modify the article to render it non-infringing. If the contractor uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. 5. That if activities supported by this contract produce writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Department do so. U. Emergency Preparedness That upon request from the Department, the contractor shall, within 30 days of the execution of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions fer pre-disaster records protection, and an alternative recovery plan that will allow the contractor to continue functioning in compliance with the executed contract in the event of an actual emergency. The Department agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an emergency, the Department may exercise oversight authority over such contractor in order to assure implementation of agreed emergency rellef provisions. V. Criminal History Records Checks That the Department requires criminal history records checks on any contractor staff, emplayees or subcontractor staff that has access to DOR information resources or facilities unless formally waived in writing by the Department. If the access Is apparent to the Department at the inception of the contract, the Contractor shall be required to sign Attachment H, Criminal History Records Check. In the event, that the Department did not require the Criminal History Records Check at the inception of the contract, but determines that the Criminal History Records Check(s) are required at any time during the contract, the contractor agrees to perform and provide the Criminal History Records Check information upon written request from the Department. The cost of performing the criminal history records checks shall be borne by the Contractor. No later than seven (7) business days after the Contractor is notified in writing by the Department, the contractor must present a list to fhe DOR Contract Manager of all its staff, employees or subcontractor staff who will have access to DOR Template Revised 2/3/2014 6 Contract Number CST46 information resources or facilities. The criminal history records check must be completed for those so designated within 30 calendar days after notification to the Contractor. If the Contractor adds additional employees during the term of the contract that have access to DOR facilities or DOR information resources, the names of those staff, employees or subcontractor staff must be provided to the Contract Manager within 7 days of beginning work. The Contract Manager will then designate which staff, employees or subcontractor staff requires a criminal history records check. The check must be completed within 30 days of notification to the Contractor. The Contractor shalt resubmit updated Criminal History Records Checks every three (8) years from the prior criminal history records check as long as the Contract is in force. Criminal history records checks must be conducted through the state crime bureau in each state where the contract employee indicates residence, employment or education over the past ten years. A state crime bureau is the entity, charged by law, responsible for collection, retention, and dissemination of state crirninal history records. All criminal history records results must be provided to DOR for review and acceptance of the records. In the event the records reveal evidence of a crime which is unacceptable, as determined by DOR, the contractor agrees to remove the employee from the worksite and terminate the employee's access to DOR information resources. During the term of the Contract, the Contractor shall report in writing to the Contract Manager, the arrest, charge or Notice to Appear for an alleged violation of law in any state or other jurisdiction for any Contractor's staff, employee or subcontractor assigned to this contract within one (1) business day of Contractor's knowledge. The notice shall include the Contractor's name, the Contractor's staff membet’s name, and the location and nature of the alleged violation. The Department reserves the right to immediately suspend or terminate staff members work on this Contract. The Department will take appropriate steps to secure its data, systems and facilities pending the Department's review of the report. The Contractor shall notify the department within ten (10) calendar days of case disposition. Refusal to submit the Criminal History Records Check information as required by this contract may result in termination of the contract. W. ACCESS TO DEPARTMENT INFORMATION RESOURCES AND FACILITIES 1. Granting Access a, Any time during the life of the contract, the Contractor may submit a request for specific authorized access to Department information resources and facilities for contractor and agent staff. Resources and facilitles ta which specific authorized access may be requested include but are not limited to: » Office Buildings » Restricted Rooms within Office Buildings » Restricted Data » Department {niranet » Department Network + Data Management Systems such as FLORIDA, CAMS and Suntax b. Alist of contractor and agent staff needing access, whether containing one name or more, shall: » Be provided in writing to the Department Contract Manager, e Contain name, role, telephone number, E-mail address, work location, access desired, justification, and the effective date of the desired access for each person listed; and » Be provided at least five (5) business days in advance of the need for access. c. Upon receipt of the list, the Department Contract Manager will determine the appropriateness of each access request and work with the Contractor to obtain the appropriate accesses. d, Contractor and agent staff may be required to sigh Department or other agency security forms to gain access. Additionally, staff may be required to view security videos, take on-line or instructor-led training, and review Department policies. e. Until access Is formally granted and written confirmation is provided to the Contractor by the Department Contract Manager, Contractor and agent staff are prohibited from accessing any Department information resources or facilities without Department staff supervision. f. Contractor or agent staff must not share user names, passwords, or security devices for access to Department information resources or facilities. The Department will terminate the staff's authorized access and may initiate other contractual remedies if sharing occurs. 2, Changing and Terminating Access Template Revised 2/3/2014 q Contract Number CST46 a. For Contractor and agent staff having specific authorized access to Department information resources and facilities, the Contractor must notify the Department Contract Manager, in writing, no less than five (5) business days in advance of any one of the following changes: e Separation, » Termination, « Reassignment to another project, or » Change in the type of access required. b. Notification shall include name, role, telephone number, E-mail address, nature of the change and effective date of change. Changes to access type must also include a justification for the change. c. Changes to the type and frequency of the access may require contractor and agent staff to sign new or amended Department or other agency security forms, to view security videos or to review Department policies. d. For separated, terminated or reassigned staff, the Contractor is responsible for completing and submitting the following to the Department Contract Manager on or before the effective date of the change: » retuming all security identification and access devices; and * obtaining written acknowledgement stating they understand they remain subject to the confidentiality provisions of this contract, specifically but not limited to, Section LH. 3. Access Update a. The Contractor shail provide to Department Contract Manager on a monthly basis, an updated list of contractor and agent staff having been granted access to Department information resources and facilities. b. Additionally, the Department may request the Contractor to provide an updated list of persons having access to Department information resources or facilities, This list shall be provided within two (2) business days of request. The list shall contain at a minimum, name, role, telephone number, E-mail address, work location, accesses and the date each access was granted. li. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted commodities and services according to the terms and conditions of this contract in an arnount not to exceed $N/A RATE AGREEMENT, subject to the availability of funds. Any costs or services paid for under any other contract or frora any other source are not eligible for payment under this coniract. B. Contract Payment That pursuant fo section 215.422, F.S., the Department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specify otherwise. With the exception of payments to health care contractors for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the Department or the goods or services are received, inspected, and approved, a separate interest penalty set by the Chief Financial Officer pursuant to section 55.03, F.S., will be due and payable in addition to the invoice amount. Payments to health care contractors for hospital, medical, or other health care services, shall be made not more than thirty- five (35) days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .03333%. Invoices returned to a contractor due to preparation errors will result in a non-interest bearing payment delay. Interest penalties less than one (1) dollar will not be paid unless the contractor requests payment. Cc. Vendor Ombudsman That a Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in subsection 215.422 (7), F.S., which include disseminating information relative to the prompt payment of this state and assisting vendors in receiving their payments In a timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724. An automated payment history line (850) 413-7269 is available for payment histary and pending payment information. I. THE CONTRACTOR AND DEPARTMENT MUTUALLY AGREE: Template Revised 2/3/2014 8 Contract Number CST46 A. Effective and Ending Dates That this contract shall begin on 7/4/2014, or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, Eastern Time, on 6/30/2017. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Contract Renewal That in accordance with Florida Statutes and upon mutual agreement, the Department and the contractor may renew the contract, in whole or in part, for a period that may not exceed three (3) years or the term of the contract, whichever period is longer. The renewal may be divided into increments, may be for a complete term, or any combination thereof. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds for this contract. For this contract, there shall be five (5) one (1) year optional renewal periods. C. Corrective Action Plan 1. That should the Department identify any deficiency based on contract requirements, which the Depariment, in its sole discretion, deems to be of significant magnitude, the Department may notify the contractor of the deficiency and of the need to submit a corrective action plan (CAP). 2. That upon such notification, the contractor shall submit a formal written CAP within ten (10) business days of the date of the letter from the Department requiring submission of a CAP. The CAP shail be sent to the Contract Manager for review approval determination. 3. That the Department shall notify the coniractor in writing of the acceptance or unacceptability of the CAP within ten (10) business days of receipt of the CAP. If the CAP is unacceptable, the Department shall provide a written statement identifying in reasonable detail, why the Department believes the CAP will not result in correction of the cited deficiencies. The contractor shall have ten (10) business days from receipt of the rejection letter to submit a revised CAP or letter of explanation. 4. That upon acceptance of the CAP, the contractor shall have, at the discretion of the Depariment, up to sixty (60) calendar days to implement and successfully complete the agréed upon CAP. Acceptance of the CAP by the Department does not guarantee the implementation will result in elimination of future deficiencies. 5. That the CAP will remain in effect until all deficiencies are corrected. Updates on the status of the plan will be required as determined by the Department's contract manager. 6. That the contractor's failure to respond to a request for a corrective action plan or failure to meet the corrective action plan may result in termination of the contract, pursuant to the termination provisions set forth in this contract. The Department reserves the right to exercise other remedies as permitted by law. D Termination That this contract may be terminated by the Department without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a shorter time is mutually agreed upon in writing. 2. In the event funds for payment pursuant to this contract become unavailable, the Department may terminate this contract upon no less than twenty-four (24) hours notice in writing to the contractor. The Department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the contractor will be compensated fer any work satisfactorily completed. 3. That this contract may be terminated for the contractor's non-performance upon no less than twenty-four (24) hours notice in writing to the contractor. If applicable, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C, 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 and conditions of this contract. The provisions herein do not limit the Department's tight to remedies at law or in equity. 4. That failure to have performed any contractual obligations with the Department in a manner satisfactory to the Department will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor must have: (1) previously failed to satisfactorily perform in a contract with the Department, been notified by the Department of ithe unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the Department; or (2) had a contract terminated by the Department for cause. 5. That written notice of termination shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the contract manager or the representative of the contractor responsible for administration of the program as appropriate, — E. Renegotiations or Modifications That modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price = Template Revised 2/3/2014 9 2 F. Contract Number CST46 lavel 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. That the partles agree to renegotlate this contract if federal and/or state revisions of any applicable laws, or regulations make changes in this contract necessary. Notice That any notice, that ls required under this contract shall be in writing, and sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery. Said notice shall be sent by the Department to the representative of the contractor responsible for administration of the program, at the designated addreas Indicated In IIL.G.3 and by the contractor, to the Department's Contract Manager indicated in 11.6.4. G. Offictal Payee and Representatives (Names, Emall and Street Addresses, and Telephone Numbers): 1. The contracter nama, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment shall be made Is: Okaloosa County Board of County Commissioners Qkalonsa County Finance Department 302.N..Wilson St. Suite 203 restview. FL 32536 Phone # 850.689.5000 ext. 3415 Fax #850.689.5882 The name of the contractor's contact person, email address, and street address where financial and administrative records are maintained is: Okaloosa County Board of County Commissioners Contracts and Grants Department - Marcella B. Eubanks 1804 Lewis Turner Blvd. Suite 206 Fort Walton Beach, FL 32547 Phone # 850,651.7200 ext. 4381 Fax # 850.609.5029 email: grants@clerkofcourts.cc The name, ernall address, mailing address, and telephone number of the representative of the contractor responsible for administration of the program under this contract Is: Johnny M, Eubanks, Lieutenant Okaloosa County Sheriff's Office 50 2nd Street Shalimar, FL 32579 Phone # 850,651.7414 Fax # 850.609.2086 The name, email and mailing addresses, and telephone number of the Contract Manager for the Department for this contract is: Heather Rosenberg ~ Contract Manager Florida Department of Revenue Child Support Program P.O. Box 5586 Tallahassee, FL 32314-5586 850-617-8050 rosenbeh@dor.state.fl.us Upon change of representatives (names, addresses, telephone numbers) by either party, notlce shall be provided In writing to the other party and the notification attached to the originals of this contract. Template Revised 2/3/2014 10 Contract Number CST46 H. All Terms and Conditions Included This contract and its attachments, and any exhibits referenced in said attachments, together with any documents Incorporated by reference, 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 shall supersedes all previous communications, representations, or agreements, elther verbal or written between the parties. If any term or provision of this contract Is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. Attachments and exhibits to thls contract which apply, and therefore are Incorporated by reference include (those indicated with a checked box (5X): Applicable Attachments and Exhibits: [xX] indicates that it applies te to this contract. : : [ - Attachment a "Attachment Title bi Attachment A Scope of Work/Additlonal Provisions C] Attachment B Order of Precedence (and Gontract Content) <q Attachment G(1) Required Certifications (Non-Attorney) oO Attachment C(2) Required Certifications (Attorney) xX Attachment D Additlonal Provisions for Federally Funded Contracts x Attachment E Certification Regarding Debarment, Suspensions XX Attachment F Certification Regarding Lobbying Ol Attachment G Individual Contractor Security Agreement Form Ol Attachment H Criminal Background Cheek Requirements Cr] Attachment I Compliance with the Florida Single Audit Aet (Property Appraiser) rj Attachment J Access to Department Information Resources and Facllities Dm Exhibit 4 Monthly Invoice Excel Form Dx] Exhibit 2 Substantiating Report To Involce Excel Form oO Attachment M Other - See attachment for details Template Reviaed 2/3/2014 1 Contract Number CST46 By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Paragraph Illl.H. above. iN WITNESS THEREOF, the parties hereto have caused this 21 page contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: Okaloosa County Board of County Commissioners SIGNED BY: PRINTED NAME: Charles K. Windes, Jr. TITLE: Chairman DATE: Contractor Federal Employer LD. # & MyFloridaMarketPlace = Perp# 59-6000765 Ext# 015 Extension # : Template Revised 2/3/2014 FLORIDA DEPARTMENT OF REVENUE SIGNED BY: NAME: Lia Mattuski TITLE: Director, Financial Management DATE: FLORIDA DEPARTMENT OF REVENUE Office of the General Counsel Approved as to form and legal content 12 Contract Number CST46 Attachment A Scope of Work/Additional Provisions A. GENERAL PROVISIONS 4. The sheriff shall prompily attempt service of process and execution of writs of bodily attachment pursuant to Section 30.231, Section 61.11, Section 409.256(4) and Section 409.2563(4), Florida Statutes, on all Title IV-D Child Support judicial and administrative actions that are referred by the Department, or its designee. 2. The sheriff is to maintain sufficient staff, facilities and equipment to deliver the agreed upon services or to notify the Department 30 days in advance whenever the sheriff is unable, or is going to be unable, to provide the required quality or quantity of services. 3. Under the provisions of the law and the terms of this contract, the service provided by the sheriff includes: a. Personal service of process, to include substitute service as authorized by law; b. Service of Subpoenas, except witness subpoenas; c. Execution of Writs of Bodily Attachment. 4. Subject to the terms and the provisions of 45 C.F.R., Part 74, the Department shall reimburse the county for expenditures made in accordance with the established Federal Financial Participation (FFP) rate, as stipulated in this contract, subject to the availability of funds and any related federal and/or state legislated changes. B. SERVICE OF PROCESS AND EXECUTION OF WRITS OF BODILY ATTACHMENT 1. Manner of Service a. The sheriff should promptly obtain child support summons or writs of bodily attachment, and thereafter serve process or execute writs within seven (7?) calendar days of receipt of the request. If process is not served or a writ not executed on the first attempt, the sheriff should make a minimum of two additional attempts within twenty-one (21) calendar days after receipt. b. Given the critical issue of effective and timely service of process and execution of writs in establishing and enforcing child support orders, it is incumbent upon the sheriff to attempt to serve or execute a writ at any address necessary to effect service. These attempts should include, but are not limited to, serving or executing a writ during employment hours at the respondent's place of employment, outside employment hours at the respondent's residence, or at any other additional address{es), when multiple addresses are provided by the Department or some other source. The sheriff should attempt service of process or execution of a writ at as many of the addresses provided and at different time intervals as necessary. c. The sheriff shall determine the most appropriate time to attempt service of process and execution of writs. Attempts may be made on nights or weekends. After a writ is executed the sheriff shall enter it into the Florida Crime Information Center FCIC system within three (3) business days. d. Within seven (7) calendar days of successful service of process, the sheriff shall provide the Department or its designee and the Clerk of Court the sheriffs return indicating service has been perfected and the address. e. Within seven (7) calendar days of the final attempt when service of process is unsuccessful, the sheriff shall provide the Department (or its designee) and the Clerk of Court the sheriffs return indicating service has not been perfected. The return should state the reason(s) for nonservice for each address attempted. Template Revised 2/3/2014 13 Contract Number CST46 f. The sheriffs return of service should include: For administrative cases - The Department of Revenue’s Service Return Coversheet (CS-OA90 page 2) and/or the sheriff's service return documentation. For judicial cases — Sheriffs return of service documents. g. Return of service is to be provided to the address indicated on the Department's Request for Service of Process. Each return should include the following information: (1) The names of the respondent, petitioner (whenever provided), and the Child Support case number. (2) How the process was served, i.e.: personal or substitute service. If substitute service, the relationship of the substitute to the person served or that the substitute resides in the person’s normal place of abode. (3) Complete address where service of process was successful. (4) A list of all papers served on the party. (5) Date and time of service of process attempts. (6) The reason(s) that service was unsuccessful. (7) Complete addresses where service of process was attempted if service is unsuccessful. h. If the location information on the request for service of process or writ of execution provided by the Department is incorrect, the sheriff shall exercise due diligence in locating and serving or arresting the person. i. Since the respondent is required to carry the purge payment receipt for 30 days, the sheriff should establish, audit, and monitor a procedure that will ensure removal, within thirty (30) calendar days, of all completed or rescinded writs from the FCIC telecommunications system in accordance with Section 61.11(2)(e), F.S. j. The county shall retain the prevailing local match rate when the party served or arrested pays court ordered costs of service of process or writ execution. The remaining match rate shall reduce the total bill to the Department for the month in which the person made the payment. The invoice must show the names of all persans who made payments. 2. Method of Payment Template Revised 2/3/2014 a. Only one request for payment may be submitted for each request from the Department for service of process or writ execution. The forms in Attachment A, Exhibits 1-2, must be used to send the monthly request for payment for services to the Department. The forms must be submitted to the Department by email as a Microsoft Excel attachment. Each monthly invoice must include an authorized signature certifying that service of process or writ of bodily attachment has been attempted and/or executed. The forms will be supplied to the appropriate Board or Sheriff's Office in Microsoft Excel format, and after completion each month are to be submitted to: E-mail: sheriff_invoices@dor.state.fl.us b. The invoice for payment must be received by the Department within 45 days after the end of the month in which services are rendered. c. The county will be reimbursed for service of process for judicial and administrative actions at the prevailing rate of Federal Financial Participation in Title IV-D cases, 66% of the $20.00 fee ($13.20) for each service of process and 66% of the $70.00 fee ($46.20) for a writ of bodily attachment. These reimbursernent amounts are the only allowable costs for reimbursement for service of process and writs of bodily attachment. 14 Contract Number CST46 Cc. SERVICES TO BE PERFORMED BY THE DEPARTMENT The Department of Revenue shall ensure that all papers to be served and writs to be executed are clearly identified as Title IV-D child support cases. 2. The Department shall provide to the sheriff the best known address(es) where the person may be served or the writ executed. 3. The Department shall provide the sheriff with Child Support case numbers (a.k.a.CSE #s) and names of the parties to be served for the sheriff to enter an the Substantiating Report To Invoice form (Attachment A Exhibit 2). 4. The Department may provide photographic images, if available, for service of process and execution of writs as authorized by section 322.142, Florida Statutes. Any disclosure, distribution, or copying of the photographic images, or the information in it, is prohibited. D. ADDITIONAL TERMS AND CONDITIONS 1. Area of Service — The services required of the sheriff pursuant to this contract shall be provided in the county shown on page one. 2. Modification of contract due to a change in Federal Financial Participation — If the rate of Federal Financial Participation changes during the term of this contract, the parties agree that reimbursement by the Department will be made at the new prevailing rate. The Department shall provide written notice of any change in the rate of Federal Financial Participation and the effective date. 3. Modification of Contract due to Statutory Fee Changes — If the statutory fees for service of process and/or execution of writs of bodily attachment change during the term of the contract, the Department shall reimburse at the prevailing rate of Federal Financial Participation based upon the new Statutory fee(s). Changes are effective as of the effective date of the law. 4. Photographic images provided by the Department — Upon completion of service or writ activities any photographic images provided by the Department must be destroyed. ‘Template Revised 2/3/2014 15 Contract Number CST46 Attachment C(4 Regulred Certifications — Non-Attorney i, Charles K. Windes, Jr, Chairman as an authorized representative of the contractor certify that: 41. Statement of No Involvement Nelther | nor any person having interest In this firm has been awarded a contract by the Department of Revenue on a noncompetitive basis to: a develop this solicitation packet; b. perform a feasibility study conceming the scope of work contained in this offer; or G. develop a program similar to what Is contalned In this offer. 2. Agreement to the Contract Terms and Conditions | have authority to execute a binding contract on behalf of the contractor and agree to the conditions and the terms of the contract contained In the solicitation. 3. Contract Cancellation or Fallure to have Contract Renewed Neither | nor the firm has had a contract canceled nor have | nor the firm failed to have a contract renewed by any governmental agency based on substandard or lack of performance. If the prospective contractor is unable to certify to any of these staternents in the certification regarding contract cancellation and renewal, such prospective contractor shall attach an explanation. 4. Child Support Obligations }, .Charles K. Windes, Jr, Chairman ; 88 an authorized representative of the contractor, certify that | and all staff in my firm assigned to this contract are, to the best of my knowledge, current and will remain current with respect to any and all court ordered child support obligations, including medical child support. | further certify that individuals, who are not current with respect to any and all court ordered child support obligations, Including medical child support, will not be hired to work on this contract. 5, Gempllance with State and Federal Tax Laws |, Charles K, Windes, Jr., Chairman , as an authorized representative of the contractor, certify that |, all staff in my firm assigned to this contract, and the firm, are, to the best of my knowledge, in compliance with all state and federal tax laws, and shall remain in compliance throughout the term of this contract. {| further certify that Individuals who are not In compllance with all state and federal tax laws will not be hired to work on this contract. By: _Chairman Date: Template Revised 2/3/2014 16 Contract Number CST46 Attachment Provisio erally Funded Gontrac 1. The contractor shall comply with the provisions of 45 C.F.R., Parts 74 and 76, and/or 45 C.F.R., Part 92, and other Signature applicable regulations as specified in this contract. if this contract le valued at greater than $100,000, the contractor shall cormply with all applicable standards, orders, or regulations Issued under Section 306 of the Clean Alr Act, as amended (42 U.S.C. 1857(h), et aag.), Section 508 of the Clean Water Act, as amended (83 U.S.C. 1368, et seq.), Exeoutlve Order 11738, and Environmental Protection Agency ragulations (40 C.F.R., Part 15). The contractor shall report any violations of the above to the contract manager, If thie or eaern contains federal funding In excess of $100, 000, the ener must, prior to contract execution, complete the Gertlficg ene g 2ension { J § lal Neererert E) ar ne “the Cariification Regarding Lobbying form eRe E. Ifa Disclosura 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. if this contract contains faderal funds, the Catalog of Federal Domestic Assistance (CFDA) number Is 93.863, Pursuant to 45 CFR 95.617(a), the Department shall “have all ownership rights in software or modificatlons thereof and assocjated documentation designed, developed or installed with Federal financial participation.” Pursuant to 45 CFR 95.617(b), the Federal Department of Health and Human Services, Administration for Children and Familles, “reserves a royalty-frea, non-exclusive, and Irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal Government purposes, such software, modifications, and documentation. Pursuant to 45 CFR 95.617(c), proprietary operating/vendor software packages (Including the software procured under this contract), which are provided at established catalog or market prices and sold or leased to the general public shall hot be subject to the ownership provisions in 45 CFR 95.617(a) and (b). At all reasonable times for as long as records are maintained, persons duly authorized by the Department and/or Federal auditors, pursuant to 45 CFR, Section 92.36(1)(10), shall be allowed full access to and the right to examine any of the contractor's contracts and related records and decuments, which directly relate to the provision of commodities and services provided under this contract, regardless of the form In which kept. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature with matching funds made available by the Federal government. Ed If checked, the following also applies: > The CFDA number(s) is: 93.563, > The CFDA title Is: Child Support Enforcement. >» The Federal Agency from which the Department receives these funds and passes them to the Provider is; the Department of Health and Human Services, Age z The Provider Is considered a sub-recipient of federal program funds and will be eubject to audit requiraments as required by OMB Circular A-133 and other state and federal laws and regulations. The Provider Is required to give the above Information to thelr independent auditor at the end of each fiscal year while the auditor is collecting the information for completing the required financial records review. Based on the audit requirements in OMB Circular A-133, the Department requires the following actions by the Provider: 41. Each year, after the close of the Provider's fiscal year, the Provider will provide a hard copy or electronic copy or a fink (URL) to their most recently audited financial records. This information will be send to the Department's Contract Manager for this contract. 2. The due date for #1 above is no later than 9 months after the close of the Provider's fiscal year, unless additional time has bean granted by the Federal clearing house or other appropriate entity. If additlonal time has been granted, the report is due within 30 days after the end of the additional time. By signing below, the Provider agrees to adhere to the above requirements. Name Printed Charles K. Windes, Jr., Chairman Date Toniplate Revised 2/3/2014 17 Contract Number CST46 Attachment E Pursuant to 45 C.F.R., Part 76, thls certification is required by federal requlations. 1. (1) By: Each contractor whose contract/subcontract contains federal monies must sign this certification prior to execution of each contract/subcontract. Additionally, contractors who audit federal programs must also sign, regardless of the contract amount. This certification Is a materlal representation of fact upon which rellance Is placed when this contract/subcontract Is antered into. If it Is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, Including suspension and/or debarment. The contractor shall provide Immediate written notice to the contract manager at any time the contractor learns that Its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "debarred," “suspended,” “ineligible,” “person,” "principal," and "voluntarily excluded," as used in this certificatlon, have the meanings set out In the Definitlons and Coverage sectlons of rules Implementing Executlve Order 12549, (52 Fed. Rag., pp. 20360-20369). You may contact the contract manager for assistance in obtaining a copy of those regulations. The contractor agrees that by submitting this certification it shall not knowingly enter Into any subcontract with a person who Is debarred, suspended, declared Ineligible, or voluntarily excluded from participation In this contract/subcontract unless authorized by the Federal Government. The contractor further agrees by submittlng this certification that it will require each subcontractor of this contract/subcontract, whose payment contains federal monies, to submit a signed copy of this certification. The Department may rely upon a certification of a contractor that It le not debarred, suspended, Ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erraneous. This signed certification must be kept In the contract manager's contract file. Subcontractor's certifications must be kept at the contractor's business location. Fl N The contractor certifies, by signing this certification, that neither the contractor and the contractor's principals: (A) ls not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subeontract by any federal Department or agency: (B) Have not within a three-year perlod praceding thls proposal been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtalning, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false stataments, or receiving stolen property; (C) Are not prasenily indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local with commission of any of the offenses enumerated In paragraph B of this certification; and, (D) Have not within a three-year perlod preceding this application/proposal had one or more public transactlons (Federal, State or local) terminated for cause or default. Where the contractor Is unable to certify to any of the statements In this certification, such contractor shall attach an explanation to this certification. , Chairman Date: Teniplate Revised 2/3/2014 18 Contract Number CST46 Attachment F Certification Regareiing Lobbying For Contracts. Grants, Loans and Cooperative Agreements The undersigned certifies, fo 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 fo influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, of an employee of a member of congress in conneciion with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any ccoperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any fumds other than federal appropriated funds have been paid er will be paid to any person for influencing or atlempting fo influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with ifs instructions. (3) The undersigned shall require that the language of this certification be included in the award docurnents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shail certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transactions 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. Any person who fails fo file the required certification shail be subject to a civil penalty of not less than $10,600 and not more than $100,000 for each such failure. By: , Chairman Date: Template: Revived 2/5/2014 19 Contract Number CST46 Exhibit 1, Excel INVOICE form . INVGQICE County Sheriff's Office INVOICE Sheriff Service of Process (SOP) Contract #_ Address Contact Person: Phone #: E-mail: Date of Inveice: MM/DDIVYYY Invoice Month/Year: Sheriff invoice #: (if any) Bill To: Florida Depariment of Revenue/Child Support Program Contract Management Invoice Section Email invoice to: sheriff invoices@dor.state.fl.us Comments pete DESCRIPTION. _| Unit Rate | Subtotal | Reimbursement Rate | AMOUNT C) Service Of Process $20.00 $0.00 66% - $0.00 0 Service Of Process Credits $20.00) $0.00 66% $0.00 og Wits (Warrants for Arrest} $70.00 $0.00 66% $0.00 0 Writs (Warrants for Arrest) Credits $70.00) $0.00 66% $0.00 invoice Total: = $0.60 | certify the information above is frue and correct (electronic signature typed below is acceptable) Signature: Signature Date: To: FDOR Operational Accounting: The above charges have been reviewed and are approved for payment. Amount approved: Date Approved: FDOR-Child Support Program Approval Certification Signature: Tenplate Revived 23/2014 20 Contract Number CST46 Exhibit 2 Substantiating Report to invoice (Excel form) Total # of Service of ‘Process Sheriff Service of Process & Writs Substantiating Report To Invoice Total # of Writs | Contract Number: Grand Total of Services Month and Year of Invoice Florida Department of ~..\Defendant-Information: ° Revenue : Person being served (Required Date Received or Completed (Required) [mmidd/yyyy] Z Plaintiff Information (Optional) Template Revised 2/3/2014 21