Resolution 055-1990
RESOLUTION NO.
055
-1990
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE A CONTRACT BY AND BETWEEN STATE OF
FLORIDA, DEPARTMENT OF HEALTH AND REHABILI-
TATIVE SERVICES AND MONROE COUNTY CONCERNING
THE REIMBURSEMENT FOR SERVICE PROCESS
CHARGES.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby
authorized to execute a contract by and between State of Florida,
Department of Health and Rehabilitative Services and Monroe County
concerning the reimbursement for service process charges, a copy of
same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 24th
day of January, A.D. 1990.
COMMISSIONERS
TY, FLORIDA
By
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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APNtOVEDAS TO """",
AND LEGAL SUFFICIENCY.
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7/1/89
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
STANDARD CONTRACT
THIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative
Services, hereinafter referred to as the -department-, and Monroe County Board of
County Commissioners.
hereinafter referred to as the .provider-.
The parties agree:
I. The Provider Agrees:
A. To provide services according to the conditions specified in Attac~nt I.
B. Federal laws and Regulations
1. If this contract contains federal funds, the provider shall comply with the
provisions of 45 CFR, Part 74, and other applicable regulations as specified in
Attachment ~.
2. If this contract contains federal funds and is over $100,000, the provider shall
comply with all applicable standards. orders. or regulations issued pursuant to the
Clean Air Act, as amended (42 USC 1857 et seq.) and the Water Pollution Control Act,
as amended (33 USC 1368 et seq.).
c. Audits and Records
1. To maintain books, records. and documents in accordance wi th accounti ng procedures
and practices whi ch suffi cient 1y and properly ref1 ect a 11 revenues and expendi tures
of funds provided by the department under this contract.
2. To assure that these records shall be subject at all times to inspection, review, or
audit by state personnel and other personnel duly authorized by the department, as
well as by federal personnel.
3. To maintain and file with the department such progress. fiscal, inventory, and other
reports as the department may require within the period of this contract.
4. To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
5. To provide a financial and compl iance audit to the department as specified in
Attachment -ll. Additional audit requirements are specified in Special
Provisions. Attachment I, Section N/A
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D. ' Retention of Records
1. To reta i n a 11 fi nanci a 1 records. support i ng documents. stat i st iea 1 records. and any
other documents pertinent to this contract for a periOd of five (5) years after
termination of this contract. or if an audit has been initiated and audit findings
have not been resolved at the end of five (5) years. the records shall be retained
until resolution of the audit findings.
2.
Persons duly authorized by the department and federal auditors. pursuant to 45 CFR.
Part 74.24(a),(b), and (d), shall have full access to and the right to examine any of
said records and documents during said retention period.
E.
Monitoring
1. To provide progress reports. including data reporting requirements as specified in
Attachment I. These reports will be used for monitoring progress or performance
of the cont~l services as specified in Attachment ---!--.
2. To provide access to, or to furnish whatever information is necessary to effect this
monitoring.
3. To permit the department to monitor the aforementioned service program operated by
the provider or subcontractor or assignee according to applicable regulations of the
state and federal governments. Said monitoring wi 11 include access to all c1 ient
records.
F.
Inde..ification
To be liable for, and to indemnify, defend. and hold the department harmless. to the extent
allowed by law, from all claims, suits, judgments, or damages, including court costs and
attorneys' fees, arising out of the negligent acts or omissions of the provider in the course
of the operation of this contract. Nothing herein is intended to serve a'S a waiver of
sovereign il'/lllunity by any provider to which sovereign innunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State
of Florida to be sued by third parties in any matter arising out of any contract.
G.
Insurance
To provide adequate liability insurance coverage on a comprehensive basis at all times during
the existence of this contract. Upon the execution of this contract.. the provider shall
furnish the department written verification of the existence of such insurance coverage. If
the provider is a county or muniCipality. the provider shall furnish the department written
verification of liability coverage in accordance with Section 768.28(5), Florida Statutes.
H. Safeguarding Infonsation
Not to use or disclose any information concerning a recipient of services under this contract
for any purpose not in conformity with the state regulations and federal regulations (45 CFR.
Part 205.50). exc(,)t upon written consent of the recipient. or his responsible parent or
guardian when authorized by law.
I. Client Information
To submit management. program. and client' identifiable data. as specified by the department
in Attachment ~. to the department for inclusion in the HRS Client Information System.
Assignments and Subcontracts
To neither assign the responsibility of this contract to another party nor subcontract for
any of the work contemplated under this contract without prior written approval of the
department. No such approva 1 by the department of any ass ignment or subcontract sha 11 be
deemed in any event or in any manner to provide for the inCLrrence of any obligation of the
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department in addition to the total dollar amount agreed upon in this contract. All such
assignments or subcontracts shall be ,subject to the conditions of this contract (except
Sect i on I, Paragraph 0) and to any condit ions of approva I that the department sha 11 deem
necessary.
K. Financial Reports
To provide financial reports to the department as specified in Attachment ~.
L. Return of Funds
To return to the department any overpayments due to unearned funds or funds di sa 11 owed
pursuant to the terms of this contract that were disbursed to the provider by the department.
The provider shall return any overpayment to the department upon discovery of the
overpayment. In the event that the department first discovers an overpayment has been made.
the department will notify the provider by letter of such a finding. Should repayment not be
made in a timely manner, the department will charge interest of one (1) percent per month
compounded on the outstandi ng ba I ance after forty-fi ve (45) days. Days wi 11 be counted
beginning with the day the amount was booked as a receivable by the department.
M. Unusual Incident Reporting
If services to clients will be provided under this contract, the provider and any
subcontractors shall report to the department unusual incidents in a manner prescribed in
HRSR 0-10-1.
N.
Transportation Disadvantaged
If clients will be transported under this contract, the provider will subcontract with the
designated Coordinated Community Transportation Provider, in accordance with the local
Memorandum of Agreement, or otherwise comply with the provisions of Chapter 427, Florida
Statutes. The provider shall submit to the department the reports required pursuant to
Volume 10, Chapter 27, HRS Accounting Procedures Manual.
o.
Purc::hasing
It is expressly understood and agreed that any articles which are the subject of. or are
required to carry out this contract shall be purchased from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in
the same manner and under the procedures set forth in Sect ion 946. 515( 2), (4), Florida
Statutes. For purposes of this contract, the person, firm, or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for this agency insofar
as dealin9s with PRIDE. This clause is not applicable to any subcontractors. unless
otherwise required by law.
P.
Civil Rights Certification
The provider gives this assurance in consideration of and for the purpose of obtaining
federa 1 grants, loans, contracts (except contracts of insurance or guaranty), property,
discounts, or other federal financial assistance to programs or activities receiving or
benefiting from federal financial assistance. The provider agrees to complete the Civil
Rights Compliance Questionnaire, HRS Forms 946 A and B, if so requested by the department.
The provider assures that it will cONply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., whic.h
prOhibits discrimination on the basis of race. color. or national origin in programs
and activities receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended. 29 U.S.C. 794, which
prohibits discrimination on the basis of handicap in programs and activities
receiving or benefiting from federal financial assistance.
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3.
Title IX of the Education Amendments of 1972. as amended, 20 U.S.C. 1681 et seq..
which prohibits discrimination on the basis of sex in education programs and
activities receiving or benefiting from federal financial assistance.
4.
The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.. which
prohibits discrimination on the basis of age in programs or activities receiving or
benefiting from federal financial assistance.
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5.
The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits
discrimination on the basis of sex and religion in programs and activities receiving
or benefiting from federal financial assistance.
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6.
All regulations, guidelines, and standards lawfully adopted under the above statutes.
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The provider agrees that compliance with this assurance constitutes a condition of continued
receipt of or benefit from federal financial assistance, and that it is binding upon the
provider, its successors, transferees, and assignees 'for the period during which such
assistance is provided. The provider further assures that all contractors, subcontractors,
subgrantees. or others with whom it arranges to provide services or benefits to participants
or employees in connection with any of its programs and activities are not discriminating
against those participants or employees in violation of the above statutes. regulations.
guidelines, and standards. In the event of failure to comply, the provider understands that
the Grantor may, at its discretion, seek a court order requiring compliance with the terms of
this assurance or seek other appropriate judicial or administrative relief. to include
assistance being terminated and further assistance being denied.
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Require.ents of Section 287.058. Florida Statutes
1. To submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre-audit and post-audit thereof.
2. Where applicable. to submit bills for any travel expenses in accordance with
Section 112.061. Florida Statutes. The department may establish rates lower than ~he
maximum provided in Section 112.061.
3.
To provide units of del iverables. including reports.
specified in Attachment I
accepted by the contract manager prior to payment.
findings. and drafts as
to be recei ved and
4. To comply with the criteria and final date by which such criteria must be met for
completion of this contract as specified in Section III. Paragraph A.2 of this
contract.
5. To allow publiC access to a'l1 documents. papers. letters. or other materials subject
to the provisions of Chapter 119. Florida Statutes. and made or received by the
provider in conjunction with this contract. It is expressly understood that
substantial evidence of the provider's refusal to comply with this provision shall
constitute a breach of contract.
R. Withholdings and Other Benefits
1. Th~ provider is responsible for Social Security and Income Tax withholdings.
2. The provider is not entitled to state retirement or leave benefits except where the
provider is a state agency.
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3.
Unless justified by the provider and agreed to by the department in Attachment [.
Special Provisions. Section D, the department will not furnish services of support
normally available to career services employees (e.g., office space. office supplies.
telephone service. secretarial, or clerical support).
S.
Sponsorship
As required by Section 286.25. Florida Statutes, when sponsoring a program financed wholly or
in part by department funds, including any funds obtained through this contract, the provider
assures that all notices. informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the program, research reports. and similar public notices
prepared and released by the provider shall include the statement:
.Sponsored by Monroe County Board of County l.omm; ~~; nnpr<=:
PROVIDER
and the State of Florida, Department of Health and Rehabilitative Services.. If the
sponsorship reference is in written material. the words .State of Florida, Department of
Health and Rehabilitative Services. shall appear in the same size letters or type as the name
of the organization.
T.
Physician. Dentist. or Chiropractor Services
If this contract and/or any subcontract resulting therefrom involve engaging, as part of the
provider I S full or part-t ime staff. a physi c i an, dent i st, or chi ropractor requ i red to be
licensed pursuant to Chapters 458, 466. and 460, Florida Statutes, respectively, the provider
or subcontractor(s) will conduct a background investigation on each individual, prior to
hiring such individual, or if already hired, prior to the execution of this contract or
subcontract. The background investigation shall include contact with the Florida Department
of Professional Regulation (DPR) to ensure that:
1. The physician, dentist, or chiropractor has a current license to practice in Florida
with no restrictions which would preclude the carrying out of assigned duties and
responsibilities.
2. The physician, dentist, or chiropractor has no record of having been discipHned
(i.e., license suspended or revoked. censured. penalized/fined, or placed on
probation) in Florida or any other state.
The provider and/or subcontractor(s) shall submit documentation of the background
investigation substantiating the above conditions to the contract manager and shall obtain
departmental approval prior to hiring or otherwise continuing to engage the services of a
physician, dentist. or Chiropractor. The documentation requirement shall be met in all cases
regardless of the fact that the individual has a clean, clear, unblemished disciplinary
record. Failure to comply with this provision will constitute a breach of contract..
I I. The Departllent AgTees:
A.
Contract Mount
To pay for contracted services according to the conditions of Attachment I in an amount not
to exceed S 2,600.00 . subject to the availability of funds. The State of
Florida's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Legislature. The costs of services paid under any other contract or
from any other source are not eligible for reimbursement under this contract.
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B.
Contract Pa~t
Pursuant to Section 215.422. Florida Statutes. on receipt of an invoice and receipt.
inspection. and approval of the goods or services. the department shall file the invoice with
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the Comptroller within fifteen (15) days. If the payment of the invoice is not mailed by the
department to the vendor wi th i n forty-fi ve (45) days after recei pt of the i nvoi ce and
receipt, inspection, and approval of the goods and services. the department will pay the
vendor. in addition to the amount of the invoice. interest at a rate of one (1) percent per
month. or portion thereof, on the unpaid balance from the expiration of such forty-five (45)
day period until such time as the warrant is mailed to the vendor. Exceptional circumstances
as defined in Section 215.422(2). Florida Statutes, may permit the deadline for payment to be
revised.
III. The Provider and Department Mutually Agree:
A. Effective Date
1. This contract shall begin on 1/1/90 or on the date on
which the contract has been signed by both parties. whichever is later.
2.
This contract shall end on
6/30/90
B. Termination
1. TerNination at Will
This contract may be terminated by either party upon no less than thirty (30) days
notice. without cause. Said notice shall be delivered by certified mail. return
receipt requested. or in person with proof of delivery.
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2. Ter'llination Because of lack of Funds
In the event funds to finance this contract become unavailable. the department may
terminate the contract upon no less than twenty-four (24) hours notice in writing to
the provider. Said notice shall be delivered by certified mail. return receipt
requested. or in person with proof of delivery. The department shall be the final
authority as to the availability of funds.
3. Te1"llination for Breach
'Unless the provider's breach is waived by the department in writing. the department
may. by written notice to the provider. terminate this contract upon no less than
twenty-four (24) hours notiCe. Said notice shall be delivered by certified mail,
return receipt requested. or in person with proof of delivery. If applicable. the
department may employ the default provisions in Chapter 13A-l. Florida Administrative
Code. Waiver of breach of any provisions of this contract shall not be deemed to be
a waiver of any other breach and shall not be construed to be a modification of the
terms of this contract. The provisions herein do not limit the department's right to
remedies at law or to damages.
Notice and Contact
The name and address of the contract manager for the department for thi s contract is:
Doris Alvarez. C.S,E. Proq. Adm. 701 SW 27th Ave.. SlIOO M;~m;. Fl 11115.
The representative of the provider responsible for administration of the program under this
contract is Kirk 110n Durant. Ch.n:t ~~.. 510 Whit.php;:lC'I !=:1- . K W Fl '3040.
In the event that different representatives are designated by either party after execution of
this contract. notice of the name and address of the new representative will be rendered in
writing to ~he other party and said notification attached to originals of this contract.
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D. Renegotiation or Modification
1. Modifications of provisions of this contract shall only be valid when they have been
reduced to writing and duly signed. The parties agree to renegotiate this contract
if federal and/or state revisions of any applicable laws. or regulations make changes
in this contract necessary.
2. The rate of payment and the total dollar amount may be adjusted retroactively to
reflect price level increases and changes in the rate of payment when these have been
estab 1 i shed through the appropri at ions process and subsequent ly i dent i fi ed in the
department's operating budget.
E. Name. Mailing and Street Address of Payee
1. The name and mailing address of the official payee to whom the payment shall be made:
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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2. The name of the contact person and street address where financial and administrative
records are maintained:
Kirk Bon Durant, Court Process SUDervisor
530 Whitehead Street
Kev West, Florida 33040
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i/l/89 Contract No.
F. All Ten.s and Conditions Included
This contract and its attachments as referenced. (Attachment I and
Attachment II
) .
contain all the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF. the parties hereto have caused this 16 page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES
Monroe County Board of County Commissioners
SIGNED BY:
SIGNED BY:
NAME:
John Stormont
NAME: John C. Farie
TITLE: Mayor
TITLE: District Admini~tr~rnr
DATE:
DATE:
;.t,
FEDERAL 10 NUMBER:
(or SS Number for an individual)
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(for journal transfer only)
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PROVIDER FISCAL YEAR ENDING DATE:
9/30
AflIIWIJVEDAS TO,...,
AND LEGAL SUFFICIENCY.
BY ~~11~.1Uk~
Attomey _ 0fIIce
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07/01/89
CHILD SUPPORT ENFORCEMENT
CONTRACT FOR SERVICE OF
PROCESS WITH SHERIFF'S
DEPARTMENT
ATTACHMENT 1
PART A
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SERVICES TO BE PROVIDED
Under this contract the county agrees:
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I. Services
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1. The sheriff shall promptly attempt service on all
Title IV-D child support enforcement actions that are referred by
the department, or an agent thereof, and which are identified as
Title IV-D cases. If service is not perfected on the initial
attempt, additional attempts will be made until service is
successful or the sheriff is convinced that service is not
possible, pursuant to Section 30.231 (2), F.S.
2. The sheriff shall promptly provide the department
or its designee with a copy of the sheriff's return indicating
whether service of process has been perfected. Where service of
process has not been perfected, the sheriff must specifically
state on the return why service of process has not been
perfected.
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3. The sheriff is to maintain sufficient staff,
facilities and equipment to deliver the agreed upon services or
to notify the department whenever the sheriff is unable, or is
going to be unable to provide the required quality or quantity of
services.
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4. Under the prov~s~ons of the law and the terms of
this contract, the sheriff is required to serve the following:
a.
b.
Summonses and complaints
Subpoenas except witness subpoenas
Orders to show cause
Contempt notice to appear
Default order and judgement (when
to be served by the sheriff)
Notice to absent parent for deemed
Deduction Order
courts order
c.
d.
e.
f.
Income
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ATTACHMENT 1
PART B
MANNER OF SERVICE PROVISIONS
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1. The sheriff shall attempt to serve process within five
working days of receipt of the request.
2. The sheriff shall attempt to serve process on respondent
during employment hours at the respondent's place of employment.
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3. The sheriff shall attempt to serve process on respondent
at respondent's residence, outside employment hours, when
resident's address is given.
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07/01/89
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ATTACHMENT 1
PART C
CONTRACT FOR SERVICE OF PROCESS WITH
LOCAL GOVERNMENT
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METHOD OF PAYMENT-FIXED RATE
1. Subject to the terms of this contract and the prov1s1ons
of 45 CFR Part 74, the department shall re~mburse the county for
no more than a total dollar amount of $2,600.00 for
expenditures made in accordance with the attached Reimbursement
Flow Chart (Attachment 1, Exhibit A), subject to the availability
of funds. Reimbursement shall be made on the basis of a monthly
itemized report of requests to serve original service of process.
The request of reimbursement shall be make on a form provided by
the department or an equivalent form developed by the sheriff
containing a listing of all Title IV-D cases submitted to the
sheriff during the reporting period with a certification by the
sheriff that services have been attempted and/or perfected. The
,county will be reimbursed 61 6~ of the $12.00 fee it pays the
sheriff for original service of process in IV-D cases.
2. Request for reimbursement shall be made monthly by the
county with an accompanying certification that a total payment ot
the $12.00 fee for each request of service by the sheriff has
been paid to the sheriff Service of Process Fee Account. '
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J. If the court orders the absent parent to pay for the
service, the payment should be to the county who will retain
38. 4 % of the payment and use the remaining 61 _ 6 % to reduce the
total service of process bill to the department for the month in
which the absent parent actually made the payment. The bill must
show the names of all absent parents who made payments so that
costs records can be updated by district Child Support
Enforcement units.
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4. Any payment due for services under this contract shall
be submitted in detail for a proper preaudit and postaudit.
5. The sheriff shall maintain copies of the request for
service as required for postaudit~
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ATTACHMENT 1
PART D
SPECIAL PROVISIONS
1. Area of Service
The services required of the county and sheriff
pursuant to this contract shall be provided in Monroe
County.
2. Severability
If any provision herein or the application thereof is
held invalid for any reason, such invalidity shall not affect the
validity of other provisions or applications thereof, which can
be given effect without the invalid provision of application. To
this end, the provisions of this contract are declared to be
severable.
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3. MOdification of Contract due to a Reduction in Federal
Financial Particioation (FFP)
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That in the event FFP funding is reduced during the
term of this contract all parties agree that reimbursement by the
department shall be at the new prevailing rate of FFP.
Notification of the change of FFP and its effective date will be
reduced to writing and said notification shall be attached to the
original contract.
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4. Services to be performed bv the Deoartment
,
a. To clearly identify all Title IV-D child support
enforcement cases referred directly to the sheriff for which
service of process is requested.
b. To provide directly to the sheriff the best known
address where the person may be served.
c. To promptly reimburse the sheriff for service of
process services.
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07/01/89
5. Proiect Independence
a. The department has implemented Project
Independence, an initiative to assist public assistance
recipients to enter and remain in gainful employment. Employment
of Project Independence participants is a mutually beneficial
goal for the contractor and the department in that it provides
qualified entry level employees needed by many contractors and
provides substantial savings to the citizens of Florida.
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b. The contractor or its agent agree to notify the
department of entry level employment opportunities associated
with this contract that require a high school education or less.
The department will provide information to the contractor
identifying Project Independence clients that are referred to the
contractor. In the event that the contractor or its agent
employs a person who was referred by the department's Project
Independence office, the contractor will notify the department.
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ATTACHMENT
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EXHIBIT A
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FLOW CHART
DEPICTING THE COUNTY BILLING PROCESS
REQUIRED 1~ CREATE THE NECESSARY
RECORDS FOR AUDITING PURPOSES
TO SHOW COMPLIANCE WITH FEDERAL
REGULATIONS IN USING FEDERAL
FUNDS TO PAY FOR SERVICE OF PROCESS
FEES PURSUANT TO CHAPTER 84-141, LAWS OF FLORIDA
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SHERIFF
OFFICE
SERVICE
OF
PROCESS
BILL
COUNTY -----(B)----->
FINANCIAL
OFFICER
(----(E)------
COUNTY
SPECIAL
SERVICE
OF
PROCESS
ACCOUNT
-----(A)------>
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eC) (D)
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DISTRICT
CSE
SPECIAL
CATEGORY
ACCOUNT
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(A). On a monthly basis the sheriff will certify and forward his
bill for service of process fees to the appropriate county
financial officer.
(B). The county financial officers will effect a budget transfer
to a "Service of Process" special account in an amount equal to
100% of the bill provided by the sheriff. An audit trail of this
transaction must be maintained.
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(C). The county financial officers will certify that the bill has
been paid and forward it to the district Child Support Enforcement _'
supervisor requesting that the prevailing rate of Federal ,.'
Financial participation of the total cost be reimbursed.
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(D). The district Child Support Enforcement supervisors will
process the bill and forward same to the district administrative
services officer who will cause an amount equal to the prevailing
rate of federal financial participation of the total fee cost to
be paid to the county financial officer.
(E). The county financial officer, subsequent to the processing
of the bill to the department, may withdraw the money previously
paid into the service of process special account and utilize the
funds any time, as seen fit by the county. Additionally, after
payment of the prevailing rate of federal financial participation
of the total bill by the department, these funds may also be used
as desired by the county.
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ATTACHMENT '1Z-
this attachment is applicable if the provider or grantee, hereinafter referred
to as provider. is a local government, university, hospital or other nonprofit
entity. The requirements of this attachment shall not apply if the total of
'all funds received from the department during the provider's fiscal year is
less than $25,000. The provider has "received" funds when it has obtained
cash from the department or when it has incurred expenses which will be
reimbursed by the department.
The provider agrees to have an annual financial and compliance audit performed
by independent auditors in accordance with the current Standards for Audit of
Governmental Organizations, Programs, Activities and Functions (the "Yellow
Book") issued by the Comptroller General of the United States. Local
governments shall comply with Office of Management and Budget (OMB) Circular
A-l28, Audits of State and Local'Governments. Universities, hospitals and
other nonprofit providers shall comply with the audit requirements contained
in Attachment F of OMB Circular A-llO, Grants and Agreements with Institutions
of Higher Education. Hospitals, and Other Nonprofit Organizations, except as
modified herein. Such audits shall cover the entire organization for the
organization's fiscal year, not to exceed 12 months. The scope of audits
performed need include only the financial and compliance requirements of the
"Yellow Book". and may disregard those related solely to economy and
efficiency or to program results. An audit performed by the Florida Auditor
General shall satisfy the above requirements. /
Compliance findings related to contracts with the department shall be based on'
the contract requirements, including any rules. regulations, or statutes
referenced in the contract. Liabilities due to the department, because of
unexpended funds or because funds were not expended in accordance with
contract terms, shall be calculated and fully disclosed in the audit report.
This requirement does not expand the scope of the audit as prescribed by the
"Yellow Book".
Audit reports of audits performed by independent auditors other than the
Florida Auditor General shall include, in addition to the basic financial
statements: (a) a detailed schedule of all revenues identified by source.
such as individual contracts by contract number. client fees. and private
donations; and, (b) a schedule of functional expenses which presents line
item expenditures such as salaries, travel and supplies by program services
and supporting services, with the portion of total supporting services
allocable to programs presented as a single line item increasing program
services and decreasing supporting services. Where applicable. the audit
report shall includ..,. a computation showing whether or not matching
requirements were met.
Copies of the financial and compliance audit report. management letter. and
all other correspondence related to the audit. if any. of audits performed by
independent auditors, other than the Florida Auditor General, shall be
submitted within 120 days after the end of the provider's fiscal year, unless
otherwise required by Florida Statutes, to both:
a. Office of Audit and Quality Control Services
1317 Winewood Boulevard, Building 3, Room 219
Tallahassee, Florida 32399-0700
b. Contract manager for the department
The provider shall ensure that audit working papers are made available to the
department, or its designee. upon request for a period of five years from the
date the audit report is issued, unless extended'in writing by the department.:
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7/I/RQ
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