HomeMy WebLinkAboutR-1994-149RESOLUTTON NO. 149-94
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
CONTRACT BETWEEN STATE OF FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES AND THE CITY OF DANIA,
RELATING TO REIMBURSEMENT FOR FLUORIDATION EQUIPMENT
UPGRADE; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA;
Section 1. That that certain Contract between the State of Florida Department of
Health and Rehabilitative Services and the City of Dania, Florida, relating to
reimbursement for fluoridation equipment upgrade, copy of which is attached hereto as
Exhibit "A", is hereby approved and the appropriate city officials are hereby directed to
execute same.
Section 2. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on this 11 day of 0ctober ,1994.
ATTEST:
Mayor Co rssroner
ity Clerk - Auditor
By:**,1,e.C//./
FRANK C. ADLER, City Attorney
Resolution No.749-94
APPROVED AS TO FORM & CORRECTNESS
CITY OF DANIA
lOO W. OANIA BEACH BLVD.
P.O. BOX 1708
DANIA, FL 3300/r
Phono: (305)Far: (3051
921-8700
921-2601
October 'l 1, 1994
M. L. Ringelberg, DS, Dr.PH
Department of Health and Rehabilitative Services
Public Health Program
1 31 7 Winewood Boulevard
Tallahassee, Florida 32399-0700.
Dear Dr. Ringleberg
ln reference to the attached contract, number LPA45, the City of Dania requests federal
funding in the amount of $1,607.00 from the Florida Fluoridation Grant administered by
the Department of Health and Rehabilitative Services. These funds will be used to
upgrade our community water fluoridation system.
We agree to purchase and install, operate and maintain the fluoridation equipment in
the proper order, and use the equipment for fluoridation purposes only. We affirm our
commitment to continue fluoridation of our water supply after grant funds have been
expended. We agree to send copies of the daily and split sample monitoring reports
(required by the Department of Environmental Regulation) of the fluoride residual to the
Public Health Dental Program at monthly intervals.
This contract amount is based on an approved cost-estimate. Copies of all invoices for
this equipment will be sent to the Public Health Dental Program Office within three
months of the receipt of the first payment.
We agree to comply with the conditions of the State of Florida, Department of Health
and Rehabilitative Services, Contract Number LPA45.
We are aware that the grant program is based upon the availability of federal funds
under this or any duly authorized successor grant and that the Public Health Dental
Program has no funding obligation if the grant ends without a successor grant.
Slncgrely,
' . /_ , ,;1,.t;itt /rLr
'Jim Baker
Chief Water Operator
City of Dania, Florida
City Federal lD Number: 59-6000302
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THIS CONTRACT is entered into between
hereinafter referred to as the "department'', and
LPA45
the State of Florida, Depadment of Health and p,:habilitaiive S:r-.i:=s.The Citv of Dania
, hereinafter referred io as ihe "provii::'
4.To provide a financial and cornplianc3 aucjit t. iie
department as specified in Atiachment It ardto ensure that all related party transEEii6ii ar.e
disclosed to the auditor. Additional audit requirei::l-,lsare specified in Afiachment l, Special Provis:cas,
Section N/A
5. To lnclude these aforementionaC aucjit and ,=:ld)
keeping requirements in all appro'red subcontrac:: a:id
assignments.
srATE oF FLoRIDA - c' et No
DEPAR\''TENT OF HEALTH AI{D REHABILITATII.E SERVIC)=,
STANDARD CONTRACT
THE PARTIES AGREE:
I. THE PROVIDER AGREES:
A.To.provide services according to the conditions specified
in Attachment(s) I and I:I
B. Federal Laws and Regutitions1.lf this contract contains federal funds, the provider
shall comply with the provisions of 45 CFR, Fart 74,and/or 45 CFR, Parl 92, and other applicable
regulations as specified in Attachment I ..'
2. lf this contract contains federal funds and is over
$100,000, the provider shalt comply with all apolicabte
standards, orders, or regulations issued undei 'section
306 of the Clean Air Act, as amended (42 U.S.C.
1857(h) et seq.), Section 508 of the Clean Water Act,
as amended (33 U.S.C. 1368 et seq.), Executive Order11738, and Environmental protectlon Aoencv
regularions (40 CFR part 15). The provider shall iepoft
any violations of the above to the department.
3. If this contract contains federal funding in excess ofS100,000, the provider must, prio, to contractexecution, complete the Certification ReoardinoLobbying form, Atrachmenr N/A lf a Disilosur;of Lobbying Activities iormlStand-ard Form LLL, isrequired, it may be obtained from the contractmanager. All disclosure forms as reouired bv theCertification Regarding Lobbying forin musi becompleted and returned to the contract manager.
C.Audits and Records
1. To maintain books, records, and documents (including
electronic storage media) in accordance with oeneralliaccepted accounring procedures and practic6s whichsufficiently and properly reflect all 'revenues andexpenditures of iunds provided by the department
under this contract.
2.To assure that these records shall be subject at allreasonable times to inspection, review, oi audit bystate personnel and other personnel duly authorized
by the department, as well as by federal personnel.
3. To maintain and file with the department suchprogress, Iiscal and inventory reports as specilied inAnachment I , and' other reports as thedepaftment frE!- rEQiire within the ieriod of thiscontract_. Such reponing requirements must bereasonaDle glven the scope and purpose of thiscontract.
6. lf this contract contains fecieral funds, the
number(s) is 93.991
3. Upon completion or termination of the contract aic atthe request of the department, the provid:: r'rill
cooperate vrith the department to facilitat3 :he
duplication and transier oi any said recorcs or
documents during the requir€C retention pericc as
speciiied in paragraph D.'1. abo'/e.
E. Monitoring
1. To provide reports as speciiied in Attacin3ntI These reports will be used lor moniic;;ngprogress or periormance of the contractual services asspecified in Attachmenr I
2. To permit persons duly autho ed by the depan=3nt
documents, faciii:es,to inspect any recordi, papers,
7. This contract is funded kom a orants anc::isappropriationl-
D. Fietenlion ol Record s
1. To retain all client records. financial rec.irs,
supporling documents, statistical records, and any
other documents (including electronic storage m?:ia)
pertinent to this contract for a period oi iive (5) .y:ars
after termination of this contract, or ii an auiit hasbeen initiated and audit findings have not c:.n
resolved at the end of five (5) years, the records siail
be retained until resolution of the audit findinos.
2- Persons duly authorized by the department and f:a3ral
auditors, pursuant to 45 CFR, Parr 92.36(i)(10), s::a
have full access to and the right to examina ahy ci said
records and documents during said retention Ier;c<i or
as long as records are retained, whichever is later.
goods and services of the provider v/hich are re::..,antto this contract, and/or inter,,iew any clients and
employees of the provider to be assured of satisfac:cryperformance of the terms and conditions oi thii
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contract. Following such inspection the department
will deliver to the provider a list of lts comments with
regard to the manner in vrhich said goods or services
are being provided. The provider will rectify all noted
deficiencies provided by the department v/ithln the
specified period of time set forth in the comments or
provide the department wiih a reasonable and
acceptable justification for not correcting the noted
shortcomings. The provider's failure to correct or
justiiy wirhin a reasonable time as specified by the
department may result in the vrithholding of payments,
being deemed in breach or default, or termination of
this contract.
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that it is an independent contracior and not an a;3:: cr
employee of the department.
F. lndemnilication
It the provider is a state agency or subdivision as defined
in section 768.28, Florida Statutes, only No.2 belovi is
applicable. Other than state agencies or subdivislons
refer only to No. 1 .
1. The provider agrees to be Iiable lor all claims, suits,
judgments, or damages, including court costs and
attorney's iees, arising out of the negligent or
intentional acts or omissions of the provider, and its
agents, subcontractors, and employees, in the course
of the operalion ot this contract. Further, the provider
agrees to indemnify the department against all claims,
suits, judgments, or damages, including court costs
and attorney's fees, arising out of the negligent or
intentional acts or omissions of the provider, and its
agents, subcontractors, and employees, in the course
of the operation of this contract. Also, the provider
agrees to defend the depanment, upon receiving
timely wrinen notification from the department, against
all claims, suits, juCgments, or damages, including
costs and attorney's fees, arising out ol the negligent
or intentional acts or omissions of the provider and its
agents, subcontractors, and employess, in the course
of the operation of this contract. Where the provider
and the department commil joint negligent acts, the
provider shall not be liable for nor have any obligation
to defend the depanment with respect to that paft of
the joint negligent act committed by the department.
ln no e,/ent shall the provider be liable for or ha'/e any
obligation to defend the department against such
claims, suits, judgments, or damages, including costs
and anorney's fees, arising out of the sole negllgent
acts oi the department. The provider agrees that it is
an independent contractor and not an agent or
employee of the depanment.
2. Any provider who is a state agency or subdivision, as
defined in section 768.28, Florida Statutes, agrees to
be fully responsible for its negligent acts or omissions
or tortious acts which result in claims or suits againstthe department, and agrees to be liable for any.damages proximately caused by said acts or
omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any provider to which
sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision
of the State of Florida to be sued by third parties in any
matter arising out of any contract- The provider agrees
G.lnsurance
1. To provide adequate liability insurance cc'rerag
comprehensive basis and ic hold such
insurance at all times durinc the exisience
contract. The provider accecls full resoonsibii:7 ior
identiiying and determining the type(s) and e::=:i oi
liability insurance necessary to provice reas.iable
financial protections for the provider and the cli=::s lo
be served under this contract. Upon the execL::cn oi
this contract, the provider shail furnish ihe depa:ient
written verification supporting both the deterni;iaiion
and exisience of such insurance ccr/:rage. Sucn
coverage rnay be provided by a salf-ins:::nce
program established and operaiing uncar the i:,ts oi
ihe State oi Florida. The depa(ment ressNes t:. :;giit
to requ;re additional insura:ce as soecl'.:: in
Attachmeni N/}. where aptrroprial:.
2. lf the provider is a state agency or subdivis;cn as
deiined by section 768.28, Florida SiaIL(:s. the
provider shall furnish the depafiment, uoon r=:!est,
written verification of liability protection in accci:ance
v/ith section 76E.28, Florida Siatutes. Nothing :.rein
shall be construed to e)3ei'td any party's l:?lility
beyond that provided in section 76a.28, 7..tida
StatLrtes.
H. Saleg uarding ln.formation
Not to use or disclose any iniormation conc:r.;::g a
recipient ol services under this ccntract ior any p'Ji:ose
not in conformity with the state iegulaticns and i=leral
regulations (45 CFR, Pad 205.50), except upon '"ii;tten
consent of the recipient, or his responsible pa:::'lt or
guardian when authorized by lav/.
l. CIieni lnlormalion
To submit management, program, ancj client ide;::;:able
data, as specified by the deoartment in Atta.:i-nent
N/A
J. .Assignmenls and Subconlracts
1.To neither assign the responsibiiity oi this ccr.i:acl to
another party nor subcontract for any of ii.: "vcrkcontemplated under this coniract v/ithout prior'";riiien
approval oi the department. No such approvai :;r the
deparlment of any assignment or subcontracl ::ail be
deemed in any evenl or in any mannar to prc'. i:: ior
the incurrence of any obligation of the depan::.3nt in
addition to the total dollar amount agreed upcn in ihis
contract. All such assignments or subcontrac:: shall
be subiect to the conditions oi this contract i:xcept
Section l, ParagraphO.l.) and to any conc::::ns oi
approval that the department shall desm necess:ry.
2. Unless otherwise stated in ihe contract bel#::n the
provider and subcontractor, paymenis macje :v the
provider to the subcontractor must be YJithin s=..en (7)
working days aiter receipt oi full or paiiial pa-"ments
from the department in accordance with s-'clion
287.0585, Florida Statutes. Failure to pay within seven
c: ihis
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(7) working days will result in a penalty charged
against the provider and paid io the subcontractor inthe amount oi one,hali of one (1) percent of the
amount due, per day kom the expiration of the period
allowed herein for payment. Such penalty shall be in
addition to actual payments owed and shall not exceed
fifteen (15) percent of rhe outstanding balance due.
K. Financial ReportsTo provide financial repons to the department as
specified 1n n6s65rng61 N,/.\
L. Return ol Fu nds
'1. To return to the department any overpayments due to
unearned funds or funds disallov/ed pursuant to theterms of this contract that v/ere disbursed to the
provider by the departrnent. The provider shall returnany overpayment to the depaftment within fony (40)
calendar days after either discovery by the provider, ornotiiication by the depaftment, of the overpayment. lnthe event that the provider or its independent auditor
discovers an overpayment has been made, lheprovider shall repay said overpayment within forty (40)
calendar days without prior notification from thedepartment. In the event that the department firstdiscovers an overpayment has been made, the
department vrill notify the provider by letter of such afinding. Should repayment not be made in a timely
manner, the department will charge interest of one (l )percent per month compounded on the outstanding
balance after iorty (40) calendar days after the date of
notification or discovery.
2. For state universities, shouid repayment not be madewithin forty (40) calendar days'after the date ofnotiiication, the depaftment will notify the StateComptroller's Oif ice who will then enact'a transfer ofthe amounts owed from the state university's accountto the account of HRS.
Administrative Code. The pro,.;'rcer snalt submii :t ii-re
depaftment the repods requirecj pursuani io Volu:? i 0.
Cf,apt?t 27, HRS Accounting Prccedures l,lanual.
O. Purchasing
1. PFIDE
It is expressly undersiood anc agreed iiar any a::cies
which are the subject of, or are requir=C to ca::.,cutthis contract shall be purchaseci from ?:::on
Fehabilitative lndustries and Diversiiici Ente::r:s?s,Inc. (PRIDE) identiiied under Chapter 946, i.r;da
StalL,tes, in the same manner and und:: iheprocedures set forth in subsec:ions 'Q.i6.515(2) ai; (4),
Florida Slatutes. For purpcses of this contra.:. ine
person, firm, or other business entity cairying c.: il'te
provisions oi this contract sliall be caemecj :: be
substituted for tha department insofar as dealing:'//iihPBIDE. This clause is r:ct applicable il a:ty
subcontractors, unless otherv/ise requir3d by la.'J. An
abbreviated list of prod ucts//s 3rvices a,,/ailabl: i:3mFfiIDE may be obtained by conizcting F::a= s
Tallahassee branch oifice ai (-o04) 187-3ii: ar
Suncom 277 -3774.
M. lncident Reoortino
1. Client Risk P reveitionlf services to cllents will be orovided under this
contract, the provider and any subcontractors shall, inaccordance with the client risk pre,,/ention system,repon those reportable situations listeil in
HRSR 215-6, Paragraph S, in the manner prescribed in
HRSR 215-6 or district operating proceduies.
2. Abuse, Neglect and Exploitation Reportingln compliance wirh Chaprer 415, Fldrida S-iatures, anemployee of the provider who knows, or hasreasonable cause to suspect, that a child, aqed oersonor disabled adult is or has been abused, niglected, orexploited, shall immediately report such knowledge orsusprclon to the central abuse registry and trackingsystem of the department on the single statewide toli-free telephone number (1-BO0-9648 U5E).
N. Tra nsportation D isadvantag edIf clients are to be transporied under this contract, theprovider will comply with the provisions of Chaoter 427-Florida Statutes, and Bule Chapter41.2, 'Florida
e. Section 654 of the Omnibus Budgei Reconc::iaiion
Act of 1981 , as amended, 42 U.S.C. 984.q, ,ririchprohibits discrimination on the basis oi race, ci3sd,color, national origin, sex, hancjicap, FCiticalaiiiliation or beliefs.
d. The Age Discrimination Act oi 1975, as amerc=:, .12
U.S.C. 6101 et seq., which prohibirs ciiscririr:.a:ion
on the basis of age.
f. The Americans with Disabiliries Act ci 1990, p.L 101-
336, which prohibits discrimination on the Las:s oi
disability and requires reasonable accommcdation
for persons with disabilities.
2. Procuremenl o, Products or Llaterials wilhFlecycled Content
Additionally, it is expressly und.rstood and agre:: ihat
any products or materials which are the subjec: ci, orare required to carry out this contract sha.l beprocured in accordance with the provisicis oi
sections 403.7065, and 287.045. Florida Statutes.
P. Civil Riqhts Reo uirements
1. P rovid er Assura n ce
The provider assures that it will comply v/i1h:
a. Title vl of the civil Rights Act of 1-Q64, as arn::cec,
42 U.S.C. 2000d et seq., vrhich pr.ribits
discrimlnation on the basis oi race, cclor, or na::onal
origin.
b. Section 504 of the Rehabilitation Act of 't _o:3. asamended, 29 U.S.C.7.Q4, vrhich pr:iibits
discrimination on the basis oi handicap.
c. Title lX of the Education Aiitendmsnts of i 9i2. as
amended, 20 U.S,C- '1681 ei seq., vihich pr.iiciis
discrimination on the basis c: sex.
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2. Where applica
expenses in ac
Statutes. The
Anachment N
g. All regulations, guidelines. and siandards as are now
or riay be law4ully adopled under the above
statutes.
The provider agrees that compliance with. this
assurance consiitutes a condition of continued
receipt of or benefit from iunds provided through
this contract, and thal it is binding upon the
orovider. its successors, transferees, and assignees
ior the period during which seryices are provided'
The provider further assures that all contractors,
subcontractors, subgranlees, or others with whom it
arranges to provide services or benefits to
paniJpants or employees in connection with any of
its pr6gra*s and aciivities are not discriminating
againsathose participanls or employees in violation
oi the aboue statutes, regulations, guidelines, and
standards.
2. Comollance Ouestionnaire
ln actordance with HBS|U 220-2, lhe provider agrees
to complete the Civil Rights Compliance Questionnaire,
HRS Fbrms 946 A and B, if services are provided to
clients and if 15 or more people are employed.
O.Requirements ol Section 287.058, Florida Statutes
t. Tb submit bills f or fees or other compensation f or
services or expenses in suflicient detail for a proper
pre-audit and Pos!audit thereot.
3. Unless iustiiied by the provide: and aEr::d. io :'
deoariment in Anachment. l, S::ircn 't/ !'
deoanment v/iil not furnish ser.':ces oi s'Jpoon
office space, oiiice supplies. telephcne .s:l
secrelarial, or clerical suppofi) normaii'/ availa:
career seruice emPlo!-ees.
S. S oo nsorship- A! required'by section 286 25 Ftctida Sialutes j :::
oiovid6r is a nongovernmental organization "":rcnsoonsors a program linanced whc ly or in pan bv ::a:3
funds, including any funds ctiained ihrougr ::'s
conlia.t it shall: in pJblicizing, acTertisin-o-or desc::: ng
the sponsorship of ihe prcgram, siate: "Sponsors: 3'l
the City of Dani
OVIC E
b
c
le, to submit bills tor anY travel
ordance with section 1 12,061 , Florida
depanmenl may, when specified in
) establish rates lower than the
and the State of Florida, Depa:inent ci Heaiir :-:
Rehabil;iative Senvices". lf the spor:sorsh'o reierenc: : :'l
v/ritten material, the v/ords "Slate of Florida, Depa-:?ni
oi H"ifrn and Behabilitative SeNices' shall appear::' ii'3
iun," ii.. leners or type as the name of the organiz2:::n'
T. Dis cou nted lnvoices
To allow a N/A percent iiscount on sar::::o
in'voicei wnicfiTre pE-rd in Iess than N/i days ;he
oioria.i rnr.t cleariy mark any invoiEE iiiTne disct'Jnt
if it is to be allov/ed. The provid:r may submlt ln ''c ':svJith or without the negotiated cjiscount terms lne
J"o"i-.nt shall compi-y with subsection 215.:22t':) '
itoiida Stutut"s, if a disiounted invoice is oiierad'
U. Final lnvoice
The orovider must submit the final invoica ior payr'-::i io
the Sepanment no more lhan 15 days- ai=: :he
contiaJienos or is terminated: iiliE-pio ricer fails il co
io, all right to payment is forieited and lhe depai:i':nI
"riti not f,"onot any'requests submiited afisr the aic;:seid
iime perioO eny payment due under th2 t3rms 'i lnis
iontr!.t ."y ce'wirhneld until a:l repons due i;:; i;e
oioviJer and necessary adiustn'.ents thertio ha''::::n
ipproved bY the department.
V. Use Ol Funds For Lobbying Prohibiled
To comply with the provisions of s?ction 21 3 34
S:atutes, 'v/hich prohibits the expenCiiura oi
funds lor the purpose oi lobbying the LeEislatur
branch or a staie agency.
II. THE DEPABTMENT AGHEES:
3.To provide units of deliverables, incl
findihgs, and drafts as sPeciiied in
Attacl'unent I ,tob
maximum provl
Statutes.
in section 1'12.061. Florida
acceptedby the contract manager prior
uding reports,
e received and
to payment.
4. To comply uJith the criteria and final date by v/hich
such crlt6ria must be met for completion of this
contract as specifled in Section ltl, ParagraphA.2. of
this contract.
5. To allow public access to all documents, papers'
leners, or other materials sub]ect to the provisions of
Chaoter 1 '19, Florida Statutes, and made or received
trv tire orovider in coniunction with this contract. lt is
"ioresdlv understood ihat substantial evidence of the
prbvideris refusal to comply with this provision shall
constitute a breach of contract.
A. Conlract AmounlTo pay for contracled seNices according io ihe
conditions of Attac hment I in an amount not to
, subject to the availa
B.Withholdings and Other Benelits
1.The provider is responsible lor Social
lncome Tax withholdings.
S
n sSecurity and to pay
iale ol Lo ri a sp edormanc? and cbiiEa'.ion
under this contract is conlingent upon an
approp riaiion by the Leg islature. The cosis oi i, ic es
paid und er any other contract or from any other scurce
2. The provider is not entitled to state retirement or leave
benefits except where the providgr is a state agency.
are not eligible for reimbur sement under this conti
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A. EF ective Date
'1. This contract shall begin on
B. Contract Payment
Pursuant to section 215.422, Flotida Statutes, thevoucher authorizing payment of an invoice submitted tothe department shall be filed with the state comptrollernot later than f,venty (20) days from the latter of tlie datea proper invoice is received or receipt, inspection and
approval of the goods or services, except that in the caseof a bona fide dispute the voucher shall contain a
statement of the dispute and authorize payment only in
the amount not disputed. The date on which an invoice is
deemed received is the date on which a proper invoice is
first received at the place designated by the department.
lnvoices which have to be returned to a vendoi because
of vendor preparation errors will result in a delay in thepayment. The invoice payment requirements do not start
until a properly completed invoice, as defined in Rule
Chapter 3A-24, Florida Administrative Code, is provided
to the department. Approval and inspection of gocds or
services shall take no longer than five (5) working days
unless the bid speciiications, purchase order or contract
specifies otherv/ise. Such approval is for the purpose of
authorizing payments and does not constitute a final
approval of services purchased under this contract. A
payment is deemed to be issued on the first working daythat payment is available for delivery or mailing to theprovider. lt a warrant in payment of an invoice is not
issued within fody (a0) days, or thirtyJive (35) days for
health care providers as defined in Rule Chapter 34-24,Florida Administrative Code, after the receipt of theinvoice and receipt, inspection, and approval oi lhegoods and services, the department shall pay to the
provider, in addition to the amount of the invoice, interestat a rate of one (1) percent per month calculated on a
daily basis on the unpaid balance irom the expiration of
such fony (40) day period, or rhirryJive (35) day periodlor health care providers as defined in Rule
Chapter 3A-24, Florida Administrative Code, until suchtime that the warrant is issued to the provider. Thetemporary Unavailability of funds to make a timely
payment due for goods or services does not relieve the
department lrom this obligation to pay interest penalties.
C.Vendor Ombudsman
A Vendor Ombudsman has been established within the
Oepartment of Banking and Finance. The duties of thisindividual include acting as an advocate for vendors whomay be experiencing problems in obtaining time{ypayment(s) from a state agency. The Vendor
Ombudsman may be contacted at (904) 48A-2924 ot by
calling the State Comptroller's Hotline, 1-gOO-B4B-37.o2.
III. THE PROVIDER AND DEPARTMENT MUTUALLYAGREE:
B.Termination
1. Termination at Will
This contract may be terminatsi by eii;er panr- ,r3on
no less than thirty (30) calendai days notice, y,.::rcu!
cause, unless a lesser time is mfually a:i'ged uc::'] bv
both parties. Said notice shall ta delivei:C by c=:iieC
mail, return receipt requested, cr in pe::on with :rcoi
of delivery.
2. Termination Because of Lack ol Funds
In the event funds to finance this ccnii'act beccme
unavailable, the department may i:rminai: the
contract upon no less than t,,/enty-icur (24) ircurs
notice in writing to the provider. Said notice si,all be
delivered by certified mail, return receipt requesi-. or
in person with proof of delivery. The i:canmenl snall
be the linal authority as to the a,iailabiliry ci iunis.
3. Termination lor Breach
Unless the provider's breacr is v;,-ried b r ihe
department in writing, the depaftment fiiay, by !,i:;iien
notice to the provider, terminat3 this conlract uccn no
Iess than twenty-four (24) hours notice. Said noiice
shall be delivered by certiiie.j mail, return r:.3iot
requested, or in person with proof oi delive,-/, lf
applicable, the department may employ the c.:aultprovisions in Chapter 60A-1.006(4), ncrrda
Administrative Code. Waiver of breach ci any
provisions of this contract shall not be d:emed to ba a
waiver of any other breach and shall not be consirued
to be a modilication of the terms of this contracl. The
provisions herein do not limit the depanment's riciii to
remedies at law or to damages.
C.Notice and Contaci'l.The name, address and telephone number c; the
contract manager for the depadment fcr ihis coniract
is:
Kim E. Barnhill, RDH, lls
HRS Public Health De::ral !:cErant
Tallahassee , FL 32399-O1Aa
(904)487-1845
2. The name, address and te!echone n,..:mber ci
representative of the provider rasconsibi:
administration of the program under this coniraci is
Jim Baker, Chi,ef Operator
ihe
for
City of Dania
P.0. Box 1708
Dania, FL 33004
or on lhe da
by both parti
te on which the contract has been sioned
es, whichever is later.
994 3. ln the event that different representatives ara
designated by either party ailer execution ci this
contract, notice of the name and addr3ss of th: ne',/
representative will be rendered in v/riting to the cther
party and said notiiication attached to criginals ci ihis
contract.
Se tember 30
2. This contract shall end on
1317 winewood B lvi..
O. F en eg otiatio n or [lodification
1. lvlodii;caiicns cf provislcns oi this ccnrract shall only
be valid when they have been reCuc3d to writing and
duly sigr:ec. The panles agre: to renegotiate this
contracr if lederal and/or siaie re'/isions oi any
applicable Ia,vs, or regulaiicns make changes in this
contraci necassary.
2- The raie of payment and the total dollar amount may
be adiusied ietroactively lo reilect price level increases
and changes in the rate oi payment when these have
been esrablished through rhe agpropriations process
and subsequently identified in the departmant's
operating budgel.
E. Name, Llailing and Street Address ol Payee
1. The name (provider name as shown on page 1 oi this
contiaci) and mailing address oi the oriicial payee to
whom the pa'/rnent shall be made:
I'lar i e Jabalee
P.0. Box 1708
r'.-i.:act lto. LPfl r{5
2. The name of ihe ccn(acl person and sii?et ac:i?ss
vrhere iinancial and adrnifiis:iaiive r:corcs ai:
m;iniained:
Jirn Baker, Chief lJa ter OnerP,0. Box 1708
Dania, FL 33004
F. All Terms and Conditions lncluded
This contract .and its attachi'ilents as refer::a:C,
Attachment.s I. II, and I II
contaln ail ine igrms ano conciiicns agrS:c upon :.' :ie
n1a,L 33004
lN.liVlTNESS THEREOF, the parties hereto ha'/e causad this 12 page contract to be execLl:C by their undersiEieci
onrclals as ouly aunoflzed.
STATE OF FLORIDA, DEPARTI\'IENT OF
HEALTH AND REHABILITATIVE S=3VIC ES
P HOVID EB
C ty of
B
yor
SIGNED BY:
NAME: Robe
a
.t S
t F. Flatlev
e
SIGNED BY:
TITLE: Ci r'r llanage r
or SS Number for an individual)
Leslie M. Beitsch, M.D
Assistant HeaLrh 0fficer for
lamr-Ly Eea.L t n 5erYi-ces
APPROVED AS TO PORM AND CORRECTNESS
By:Frank C. AdlerCity Attorney
TITLE:
ATTE S
I t C erf)-Au .l-orDATE: ocFo 9 4 DATE:
FEDERAL ID NUMBEH
59-600030
(
2
PFIOVIDEI FISCAL YEAR ENDING DATE:
CONTHACT IS NOT VALIO UNTIL SIG NED ANO OATED BY
BOTH PART]ES
6
Sectenber 30, 1994
(
paniEs.
STATE AGENCY 29 DIGIT SA&1AS CODE:
N/A
- _ --.:'l-.,.,._ - _ _
4"1 c. 6,/;/.*'
07-01-94 Fluoridation System Installt
Publ ic Heal-th D
n\Upgrade] Program
A. Servic
1
2
es to be Provided:
The provider will use the funds from the contract tofluoridate the cornrnunity, s water supply.
The providerand rnaintainproper order,purposes only.
agrees to purchase, install, operatethe fluoridation equj-pment in theand use the equiprnent for fluoridation
3
C. Metho
3
The provider agrees to contj_nue fluoridation ofcommunity's water supply after grant funds haveexpended .
fPa
the
been
The provider will purchase and instal1, or haveinstalled, the appropriate fluorj-dation eguipment atthe specified sites within the comrunity watersystem. The provider will contj-nue operation of thefluoridation system after grant funds are no longeravailable.
e
1 This j-s a one tirne advance-pa)rnent contract. TheDepartment sha1l make a one time advance payment forl-iabIe expenses incurred persuant to terms of thecontract for a total dolLar amount not to exceed
2. A letter of request for payrnent for the totat
$t607 .00 (per Attachment III), subject to theavail-abil ity of funds.
contract amount of $1607.00 will be subnitted to
The provider nust mai-ntaj-n on file backupdocumentation needed for specific charges incurredunder this contract. Al-l,owabIe expenditures underthis contract are lirnited to the following itemswhich are listed in Attachment III: a1I or a portionof the consultant engineerrs fee, cost of purchaseand installation of fluoridation equiprnent, cost of
ththe department and shal-1 be received and accepted bye contract manager prior to payment. The advancepaynent wi-I1 be based on an approved cost-estimate(Attachnent III). Funds paid to the provideraccording to the tenns of this contract must bespent by the provider as detail-ed in Attachment III.
l
ATTACHMENT I
B. Manner of Service provision:
NAO 5
safety and testing equipment and cost of one-yearfluoride supply.
Copies of invoices for purchase of equiprnent,engineering and installation fees shalI be submittedto the department within 45 days of the date of thegrant pa)rrent. All- invoices must be submittedwithin 45 days of the completj-on of the fluoridatj-onproj ect .
The provider must subnit a final reconciliatonreport to the department no more than 45 days afterthe contract ends or is tenninated. Any fundsawarded by this contract which are not used forfluoridation must be returned to the Department.
D SDec ia I Provi-s ions:
4
5
1 Cost-esti"mate forshal1 be submittedand/or approval .the anount of thefrr).
system purchase and installationto the departnent for negotiation
The grant award will be based on
approved cost-estimate (Attachnent
5
6
consultant engineering fee sha11 not exceed 15? oftotal equipnent costs.
Equipnent shalI be purchased, installed andoperating within one year of the date of the grantaward. If the provider is unable to comp]ete theinstallation within this time frame, a writtenexplanation detailing the reason for the delay mustbe submitted to the contract manager within 30 daysprior to the end of the contract.
Invoices for first year chemical costs wj-l1- besubmitted at the end of the first year's operationand the second year chemical cost grant award will-be cal-cuLated from the first year,s cost.
Daily fluoride results and nonthly split sampleresults !,/il-1 be submitted to the Department on arnonthly basis for monitoring purposes within 15 daysafter the end of the month (as reguired by F.A.C.
ff grant funds are temporarj-Lylnterest bearinq account any and allon these funds shall- be paid to themonthly basis.
invested in ainterest earneddepartment on a
R NAO 5
2.
4.
10.
Both parties agree that the grant prograu is basedupon the avail-ability of federal funds under this orany duly authorized successor grant, and the publicHeal-th Dental Program office has no fundingobligation if the grant ends without a successorqrant .
No travelcontract .
expenses may be incurred under thisB
Both parties agree thatacguired with grant fundsprovider and sha1l be usedonly .
title to the propertyshal1 be vested with thefor fluoridation purposes
The provider agrees to disclose the exact anount ofcontract funding used to compensate each eroployee orother subcontractor on an individual basis. Thiswill be accornplished in two stages:
First stage = proposed budget showing total amountof compensation, from this contract, to eachenployee (e.9. salaries, wages, fringe benefits,bonuses, perquisi.tes, etc.). This budget documentnust, at a rninimurn, show the above infornation foreach enployee of the provider, by name and social"security nunber.ff the cornpensation to an enpl_oyee of the provj-deris made up j-n whole or j-n part by tunds received bythe provider under other department (HRs)contract(s), the budget must inctude additionalcol-umns in order to identify these amounts by HRSContract Nunber.Each subcontractor of the provj.der wil1 beconsidered the sarne as an ernployee for purposes ofthis budget. This budget document is included asATTACHMENT III of this contract.
Second stage = FINAL REPORT OF ACTUAL EXPENDITURES,due no l-ater than 30 days following the ending dateof this contract. Final- payrnent will not bereleased to the provider prior to receipt of thisrEPOTt. ThE T'INAL REPORT OF ACTUAL EXPENDITURESsha11 contain the same infornation as the budgetdocument plus the actual expend.i-tures. Actualexpendi.tures rnade j-n excess of the budgetedamount(s) identified in ATTACHMENT III of thiscontract are unallowable and, shaII EE-EEEicted fromthe final paynent or, in the case of ad.vance palanentcontracts \^rhere the total- amount of the contrict hasalready been paid, refund.ed to the department withthe FINAL REPORT oF ACTUAL EXPENDITURES:
NAO 5
7.
9
q
FI}TNCIAL TXD CO+{PLIII{CE AI'DITA
lrllcExExa I]
la applLcable, if the ProvldEr or grantE€, h€reinafter referr€d to
lo"li go.,".rr.€nt €nt!t)., nonProf!t organization' or for-Proflt
AE'ThIs attachment
provtder, is any
organizatlon.
An audlt perform€d bY
attachlnent.
th€ Audltor'General Bhall 8at!8fy tha regulrdmentE of this
PART IT TEDERII,Y TU}TDED
Local governmenta BhaIl comPIY wtth the audlE requlrem€nts contalned in 9liijL99-9.]1
This part !6 apPllcabl€ If the provider Ig a local government entltY or nonprofits
organlzatlon and recelveg a totaL of s25,ooo or more !n federal funds pa88€d through the
deiartment durlng lts flscal year. Tho provld€r has 'rsc'Iv€d" f6deral- fundt when !ts haB
obtaj.ned th6 cash from th6 departm€nt or rrh€n It ha! Incurr6d relmburtablo exl>€na€6'
a a e dB OHB
Nonprofi! provld€rs shatl' comply with
ot t tut
ar A-A s an oc
d o
\,e
ea rn n ro
cover the entir€ organizatlon for th€
include a achedule of flnanclal as8lgt
organ!zatLon'8 flscal year. Th€ audlt rePo
ance that dlacl'os€6 each Btate cont=act by
s shal I
rt shall
nu-liber,
, except as fircdlfied hereln. Such audlt
compllance flndtnga related to contracta with the dePartment thall b€ bas€d on the
contrac! requlrementB, lncludlng any ru16e, rBgulatlona' or statutsE ref€r€nced !n the
contract. where aPpllcable, th€ audlt report shall state whether or not Eatchlnq
requlrements erere met. All questloned coata and llabllltleB due to th€ departEent shall
be fully d!8closed tn the audlt report !,!th referencB to the d€PartE€nt contracts I'nvolved'
If the provider haB recelved any fundg from a grantg and aldg aPProPrlatlon, th' Provlder
will algo EubmiE a complLance rlport In accordance wlth th6 rules of the Audltor G€neral,
chapterlo.600,andj:ndicateontheacheduleofflnanclalaEElatanceuhlchcontrrctEa:a
funded from atate granEa and aldg aPproPrlatlonE'
rrts aE Ehown Ln Part Iv'
.The
provlder agrees to aubmit the required rep<
PIRA IIt SAIIE nNDED
ThiB par'- !s appllcable lf the provlder !a a nonprofit organlzrtlon g51g gjqelwcr a tatsaL
of Sloo,ooo or more from th€ delartment during !t6 flEcal y'ar' whlch !8 not paid on a a€ts
atate or area-wide flxed rate for eervlce, and of ehlch Laas than S25'o0o !B f€derally
funded. The Provider haa "rec€ived" funds when lt has obtalned the ct'sh froB th€
departrnent or when it has lncurred reimburaable expeneea'
The provider agreeg to have
accordance with th€ current
ceneral of the United state
organization' I flgcal Year.
atatements and lncludc rePo
include a Echedul€ o! flnan
an annual financia! aud!! perform€d by indeP€ndent audlcors !n
ve rrun di s isgusd by th€ coEPtEoI ler
a. such audi.tg I halL. cover th6 entira organlzati'on for Ehe
Th€ Bcope of the audlt P€rformed Bhall cover th€ llnancral
rtg on internaL control and cooPllance'Ths audlt rePort ahaL l
clal asslstance that disclos6E €ach 5ta ta contract bY nuElber.
compllance flndings ratated to contracta wiEh the departm€nt thall b€ baa€d on the
contract requj.rementa, inc)'udlng any rulae, regu!at!on6, or atatut€B referenc€d !n the
contract. where appllcable, the audit rePort ahall' state whether or not matchlng
requirementa were met. All queEtioned qosta and liabilltl€E du€ to the departroent ghall
be fully dlsclo6ed tn th€ audit rePort L,!th referencE to thg departm€nt qontract lnvolved'
If the provlder has received any funda from a granta and alds aPProPriatlon, the Provider
lrill also Bubmlt a complJ-ance rlport ln accord;nc€ wj,th th€ rule' of th€ Audltor G€neraf,
chapter 10.600, and i.naicate on the Echedule of financial asEi.tanc€ whlch contlacta are
funded from Btate grants and aids .aPProPrlation6 .
The provider agreea to submlt the regulred- rePortt as rhown In Part Iv'
o7 /o:./s4 I0
. Pll.
-
rI cElrrER IO'5OO, oR XO ALDIa REQUTE xEIIr .. -
Thl8 part !E rppLtcabl€ If tha Provider Ls elther (l') a for-profLt orga;ion' (2) a
Iocal goverrunenl enttty recalvlng I€sa than s25,ooo in federal, funds froo tha department
durtng !tE flscal- yelr, (3) a nonprof!t organj'zatlon recelvIng lese than 510o'000 froo tha
depariment, of wirlcn l€aa than 52i,.OOO la federally funded, durlng lts fiecal year, or (4)
a ironprof !t org.nlzatlon recslvrng'i totaL of sloo,ooo or mora frodl the delrartmenE baaed
on a aet Btata or area-wlde flxed rat€ for aervlce, of which i'eaE than S25'0OO i8
fed€rally fundad. ?he provld€r haE "received" funds when it has obtalned caah from the
depaltment or $rh€n It haa lncurred r8imburaable exPenaes'
fundr from r grrntr and aldg aPproPrlatlon, thr provldcr ihrll
an altastatlon atacEment, !n accordanca wlth the rul€5 of the
10.600. The audlc raPort 6halI include a echadule of fLnancial
each statE contract by numb€r and indlcatE6 v'hlch contsracta are
and alde aPproPrlat lona.
Th€ provlder aqraes to Eubmlt the requl"red rePorta aa ahown ln Part Iv'
oth€rwls€, !f th€ provlder dobg not reclsve funda from a granta and aldg aPproPriatsion,
!h€ provlder has no audlt or acteatation rBquirement required by thla atlachfiI€nt'
coples o! th6 audtt r€port and any manaqem€nt lett6r by th€ lnd'P€ndent audltors'
att€atatlon Etatem€nt, requlred ly tlia attachment thall be aubmitted withln 180
after ths end of the Provldar'E flscal year, unIaEE oth€rwia€ rogulred by florlda
Statutca, to the fo l loering s
If th. provldrr recrlvrr
hav€ an audlt, or lubmlt
Aud!tor GenoraI, chaPter
aEslEtanco that dlsc los€6
fund€d from atata granta
PI,RI IV! stBxlsSloll OF REPORTa
Audlt and Evaluation
131? lfln€wood BouL€vard, Bulldlng B,
TaIlahagBee, Florida 32399-0700
Room 492
contract manager for thls contract
submlt to thla addr€sg only thoae rePorta prepared In
accordanca wlth oHB clrcular A-133:.
F€deraI Aud!t cLearinghous€
P. o. Box 5 000
Jeff6raonvLIIe, Indlana 4?199-500O
submlt to this addrsaB only those rePorts PrePared ln
.".o"d4h"" wlth the rules of the Auditor General'
chapt.r 1O. 60O:
Jlm Dwyer
of fl-c6 of the Audltor Gensral
P. o. Box 1735
talIahaaBee, Elorlda 323o2
otr
d.ya
D
Th6 provider shall eneure that audit worklng PaPerE ara made available to the departnent'
or lta deELgn?6. upon r€quest for a Perlod of flve years from th€ date th6 audi! repolt i8
Isaued, unLesa extendad !n wrJ.tlng by tha department'
o7 lor/94 11
L
B.
c.
rIE
f.
FI
ORT
Crry oF Daxra.
P.O. BOX 1708
DANIA, FLORIOA
33004
Pricing List
Orion Specific Ion Electrode F - Nleter
''\- Phone: 921 -8700
August 26. 1994
Ms. Rhoda Lawrence R. DH
Public Health Dental Program
l3l7 Windwood Blvd.
Tallahassee. FL 32398-0700
1.) Meter - Cat. #H3900910A
2.) Comb. Electrode - Cat. # 84200- 1 38
3.) Filling Solution - Cat. #84111-11
s 1.075.00
$425.00
$42.00
$32.s0
$32.50
1.)Standards
A.) .l ml/l of NaF - Cat. #H-4209-11
B.) 1.0 ppm (TSAB) Cat. #H-4000-46
TOTAL PRICE - $1607.00 - (Shipping not included)
Price Quoted By: Baxter Scientific Services l-800-234-5227
Person in charge ofFinance - Marie Jabalee
Contact person is - Jim Baker
Contract will be signed by City Manager - Robert F. Flatley
hief Water Plant Operator
/y.
a
ll
-g
-r';-
-;.
:l(_)iil
James Baker
l2
b^h