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

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