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

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