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HomeMy WebLinkAboutR-99-0747i J-99-817 i 9/17/99 i i F� 1& �y 17PCnT.TTTTnT,T Mn ii •_1 — / 4 i A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE TOTAL ESTIMATED AMOUNT OF $104,600, FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES, SAID PROGRAM ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT FOR THE PERIOD OF JULY 1, 1999 THROUGH JUNE 30, 2000, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT (S) , IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO ACCEPT THE GRANT AND TO IMPLEMENT THE PROGRAM. WHEREAS, pursuant to Title XX of the Social Services Act, the United States Department of Health and Human Services provides funding for child day care services to low-income families so that they may obtain employment or acquire training; and WHEREAS, this is the 20th year Title XX funding through Miami -Dade County has been provided for child day care services with no matching funds required; and WHEREAS, the Department of Parks and Recreation which administers the Child Day Care Program anticipates that it shall - 1 - CITY COVWSSION ]MEETING OF Resolution No, provide child care services to a maximum 66 children, (36 preschoolers, 10 toddlers and 16 infants); and WHEREAS, maximum daily rates paid to the City under this program are $16.20 for infant care, $13.20 for toddler care and $10.00 for preschool children; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The grant from the U.S. Department of Health and Human Services through Miami -Dade County under Title XX of the Social Services Act in the total estimated amount of $104,600 is hereby accepted for the provision of child day care services to children from low-income families. Section 2. The City Manager is hereby authorized to accept to a grant from the U.S. Department of Health and Human Services through Miami -Dade County under Title XX of the Social Services Act, in the total estimated amount of $104,600 to fund the Department of Parks and Recreation's Child Day Care Program for low-income families, for the period of July 1, 1999 through June 30, 2000. Section 3. The City Manager is hereby authorized''-lto execute the necessary document(s), in a form acceptable to the �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - 99- rlA') City Attorney, for acceptance and implementation of said grant. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.`'-/ PASSED AND ADOPTED this 12th day _ October 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approvd of this legislation by signing it in the designated i_� ce becomes effective with the elapse of ten (1)j d�_' rom t;,_: da;(2 ci Go rnissi n regarding same, without the Mayor ,rcisifi ATTEST: WALTER J. FOEMAN CITY CLERK APPROV AS T FO WTo VIL RNEY 774:RCL:hdb t�l1F. e man.Cfty Clerk CORRECTNESS:�1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. CITY OF MIAMI, FLORIDA CAm4 INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members DATE F(LE: of the City Commission SUBJECT Resolution Accepting a Grant. for Day Care Services FROM : D H , Warshaw REFERENCES j City Manager Resolution, Grant ENCLOSURES, Agreement RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution accepting a grant in the total estimated amount of $104,600 from the U.S. Department of Health and Human Services (under Title XX of the Social Services Act) through Miami --Dade County for the prevision of day care services to low-income families attending the City's Daycare Program. The Resolution further authorizes the City Manager to execute the necessary agreement for this purpose. BACKGROUND: The Department of Parks and Recreation has prepared the attached legislation concerning the Day Care Title XX Grant. The City of Miami's Child Day Care Program is funded from several sources, the City's General Fund, participant child fees, the United States Department of Agriculture, and the US Department of Health and Human Services Title XX of the Social Services Act. The Title XX funding for 1999-2000, amounts to approximately $104,600 and is channeled through Miami -Dade County to the City on a reimbursement basis. This is the 201h year that the City will receive such funds, and no cash match is required. By means of this grant, the U.S. Department of Health and Human Services purchases slots in City Day Care Centers in order to provide child care services for children (ages 6 weeks - 5 years) of low income families, enabling their parents to work and receive training outside the home. Services will be provided for up to sixty-six (66) children, thirty-six (36) preschoolers, ten (10) toddlers and sixteen (16) infants. Maximum daily rates paid to the City under this program are: $16.2.0 for infant care, $13.20 for toddler care, and $10.00 for preschoolers. The total reimbursement amount is based on the number and age of the children, the applicable rate and the actual number of service days provided by the City. 9 1- 747 L Standard Subsidized Child Care Contract MIAMI-DADS COUNTY DEPARTMENT OF HUNIAN SERVICES DIVISION OF CIiiLD DEVELOPMENT SERVICES STANDARD CONTRACT THiS CONTRACT is entered into between Miami -Dade County, a political subdivision of the State of Florida. hereinafter referred to as the "County" and City of Miami Day Care Prop -rams hereinafter referred to as the "provider". THE PARTIES AGREE: 1. THE PROVIDER AGREES: A. To provide services in accordance with the conditions specified in Attachment I. B. Requirements of Section 287.058, FS. To provide units of deliverables, including reports, findings, and drafts, as specified in Attachment 1, to be received and accepted by the contract manager prior to payment. To comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Section 1I, Paragraph A, of this contract. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit thereof. Where applicable, to submit bills for any travel expenses in acceptance with section 112.061, FS. The County may, if specified in Attachment 1, establish rates lower than the maximum provided in section 112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply with this provision shall constitute an immediate breach of contract. C. Governing Law 1. State of Florida Law a. 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 the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the contract. b. That it understands that the Department of Children and Families and the Department of Labor and Employment Security have jointly implemented WAGES, an initiative to empower recipients in the Temporary Assistance To Needy Families Pro,,ram to enter and remain in gainful employment. Employment of WAGES participants is a mutually beneficial goal for the provider and the County in that it provides qualified entry level employees needed by many providers and provides substantial savings to the citizens of Florida. 2. Federal Law a, if this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR. Part 92, and other applicable regulations as specified in Attachment 1. b. If this contract contains federal funds and is over S 100,000, the provider shall comply with all applicable standards, orders, cr regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.). Section 508 of the Clear. Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738. and Environmental Protection Agency Regulations (40 CFR Part 15). The provider shall report any violations of the above to the County. c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for the provider. to influence legislation or appropriations pending before the Congress or any State legislature. l f this contract contains federal fundimt in excess of S 100.000, the provider must, prior Page I of 9 S 9- 747 Standard Subsidized Child Care Contract to contract execution, complete the Certification Regarding Lobbying form, ,Attachment F. If a Disclosure of Lobbvint; Activities forrni, Standard Form LLL. is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manaacr. d. That unauthorized aliens shall not be employed. The County shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and 'rationalization Act. Such violation shall be cause for unilateral cancellation of this contract by the County. e. That if this contract contains S 10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemental in Department of Labor regulation 41 CFR, Part 60. [45CFR, Part 92]. f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro -Children Act of 1994. Public Law 103-227. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to 51,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved subcontracts. D. Audits, Records, and Records Retention 1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the County, under this contract. 2. To retain 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 termination 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 shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the County, the provider will cooperate with the County to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section 1, Paragraph D.2. above. 4. To assure that these records shall be subject at a)I reasonable times to inspection, review or audit by Federal, State or other personnel duly authorized by the County. 5. At all reasonable items for as long as records are retained, persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contract and related records and documents, regardless of the form in which kept. 6. To provide a financial and compliance audit to the County as specified in Attachment I and to ensure that all related party transactions are disclosed to the auditor. 7. To include the aforementioned audit and record keeping requirements in all approved subcontracts and assignments. E. Monitoring by the Count. To permit persons duly authorized by the County to inspect any records, papers, documents, facilities, goods, and services of the provider whicb are relevant to this contract, and/or interview any clients and employees of the provider to assure the satisfactory performance of the terms and conditions of this contract. Following such evaluation the County will deliver to the provider a written report of its findings which will include written recommendations with regard to the provider's performance of the terms and conditions of this contract. The provider will correct all noted deficiencies identified by the County within the specified period of time set forth in the recommendations. For deficiencies deemed to be of a serious nature by the County, the County may enact a freeze on the placement of children until noted deficiencies are corrected. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the County, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this contract, (2) the withholding of payments to the provider by the County and (3) the termination of this contract for cause. Palle 2 of 9 99 L ,tandard Subsidized Child Care Contract F. Music and Reading Opportunities for Children I. To provide for children from birth to 5 years and environment rich in language and music and filled with objects of various r.ollors, shapes, textures, and sizes to stimulate visual, tactile, auditory, and linguistic senses in the chldren. 2. To include classical music in the daily activities for all children birth to 5 years as evidenced on the daily plan. 3. To provide at Icast 30 ntinut.s of readinc, to the cltiidren each day as evidenced on the daily plan. 4. To provide training for the infants' and toddlers' parents including direct dialogue and interaction between teachers and parents demonstrating the urgency of brain development in the first year of a child's life. ( C. Indemnification NOTE: Paragraph I.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions, as defined in section 768.28, FS. THE PROVIDER SHALL: Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability , losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes or, actions or proceedings of any kind or stature arising out of, relating to or resulting front the performance of this Agreement by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shail investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. H. Insurance The provider shall furnish to Miami -Dade County, c/o Risk Management Division I I I N.W. Ist Street, Suite 2350, Miami, Florida 33128-1989 adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract, unless it is a state agency or subdivision as defined by section 768.28, FS, the provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the County written verification supporting tboth 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 County reserves the right to require additional insurance as specified in Attachment 11. 1. The Certificate(s) of ''insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the provider as required by Florida Statute 440. b. Public Liability insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage, Miami -Dade County must be shown as an additional insured with respect to this coverage. c. Automobile Liabiiity insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than 5300,000 combined single limit per occurrence for bodily injury and property damage for vehicles designed for 15 passengers or less. Vehicles designed to transport 16 passengers or more are required to have an insurance coverage of $500,000 combined single i limit per occurrence for bodily injury and property damage. Page 3 of 9 ' 9 9 - 'W U Standard Subsidized Child Care Contract In the event a provider does not use any vehicle to transport subsidized child care clients, then the provider must submit a signed statement to that effect to GSA Risk Management Division. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as to -financial strength, by the latest editions of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the last "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance will be made without thirty (30) days written advance notice to the certificate holder. Miami -Dade County must be shown as the certificate holder on' all insurance certification. 2. if the provider is a state agency or subdivision as defined by s. 768.28, FS, the provider shall furnish the County, upon request, written verification of liability protection in accordance with s. 768.28, FS. Nothing herein shall be construed to extend any party liability beyond provided in s. 768.28, FS. 1. Safeguarding information Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state regulations and Federal law or regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the responsible parent or guardian when authorized by law. However, it is recognized that the County is subject to the Public Records Act, Chapter 119 of the Florida Statutes. Documents in possession of the County shall be available for public inspection, unless a record is specifically exempted by statute. J. Assignments and Subcontracts 1. The provider agrees that no assignment or subcontract for any of the work contenrtplated under this contract will be made or let in connection with this contract or without the prior written approval of the County which shall not be unreasonably withheld and that all subcontractors or assignees shall be governed by the terms and conditions of this agreement. Any sublicense, assignment, or transfer otherwise occurring shall be null and void. 2. To be responsible for all %\ork performed and all expenses incurred with the project. If the County permits provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with vendors for services and commodities, it is understood by the provider that all such subcontract arangenients shall be evidenced by a written document subject to prior.review and comment by the County. Such review of the written subcontract document by the County will be limited to a deterniination of whether or not subcontracting is permissible, whether the offered subcontractor is acceptable to the County, and the inclusion of applicable terms and conditions of this contract. The provider further agrees that the County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the County against such claims. 3. That the County 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 Page 4 of 97 I— .standard Subsidized Child Care Contract provider. in the event the State of Florida approves transfer of the provider's obligations. the provider remains responsible for all Nvork performed and all expenses incurred in connection with the contract. in addition, this contract shall bind the successors, assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of Florida. 4. Unless otherwise stated in the contract bet.veen the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt of full or partial payments from the County in accordance %with section. 3S7.05S5, FS. Failure to pav within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due, per day, from 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 the outstandins balance due. 5. If this Agreement involves the expenditure of S100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Service (.Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment H. Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment H without prior written approval of the County. K. Return of Funds To return to the County any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the County. The provider shall return any overpayment to the County within 40 calendar days after either discovery by the provider, or notification by the County, of the overpayment. in the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days without prior notification from the County. in the event that the County first discovers an overpayment has been made, the County will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the County will charge interest of one (l ) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. L. incident Reporting 1. Client Risk Prevention and Incident Reporting if services to clients will be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in HRSR 215-6 Paragraph 5, in the manner prescribed in HRSR 215-6 or district operating procedures. 2. The provider will immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (i-800-96-ABUSE). As required by Chapter 415, FS, this is binding upon both the provider and its employees. M. Transportation Disadvantaged If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427. FS, and Rule Chapter 41-2, FAC. The provider shall submit to the County the reports required pursuant to Volume 10, Chapter 27, HRS Accounting Procedures Manual. It is expressly understood and agreed that any products or materials which are the subject of, or are required to can-y out this contract shall be procured in accordance with the provision of sections 403.7065, and 287.045, FS. N. Civil Ri;hts Requirements i. Not to discriminate against any employee in the performance of this contract, or against any applicant for employment, because of age, race, creed, color, disability, national origin, or sex. The provider further assures that all contractors, subcontrators, 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 because of age, race, creed, color, disability, national origin, or sex. This is binding upon the provider employing fifteen ( 15) or more individuals. Page 5 of 9 (I a� & 4 r L Standard Subsidized Child Care Conti act 2. To complete the Civil Rights Compliance Questionnaire. HRS Forms 946 A and B, in accordance with HRSM 220-2. This is applicable if services are directly provided to clients and if 15 or more individuals are employed. 3. The Provider agrees to abide and be governed by the requirements of the .Americans with Disabilities Act (ADA). if any attesting provider, or any owner, subsidiary, or other firm affiliated with or related to the attesting provider, or any owner, subsidiary, or other firm affiliated with or related to the attesting provider is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, and the County will conduct no further business with such attesting provider. Anv contract entered into based upon false affidavit shall be voidable by the County. If any attesting provider violates any of the Acts during the term of any contract such provider has with the County, such contract shall -be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. ©. Independent Capacity of the Contractor l . To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive responsibility of the County. 2. To act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The provider shall not represent to others that it has the authority to bind the County unless specifically authorized in writing to do so. In addition to the provider this is also applicable to the provider's officers, agents, employees, subcontractors or assignees, in performance of this contract. 3. Except where the provider is a state agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation of state or county employment as a result of performing the duties and obligations of this contract. 4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint ventures, or partner of the County. 5. The Countv will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the provider, or its subcontractor or assignee, unless justified by the provider and agreed to in advance by the County in Attachment I. 6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the provider, the provider's officers, employees, agents. subcontractors, or assignees shall be the responsibility of the provider. P. Sponsorship As required by section 286.25. FS, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by (provider's name) Miami -Dade Countv, and the State of Florida Department of Children and Families." If the sponsorship reference is in written material, the words "Miami -Dade County" and "State of Florida, Department of Children and Families shall appear in the same size letters or type as the name of the organization. Q. Final Invoice To submit the final invoice for payment to the County no more than 30 days after the contract ends or is terminated. if the provider fails to do so, all right to payment is forfeited and the County will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approved by the County. R. Use of Funds For Lobbying Prohibited To comply with the provisions of sections 1 1 1,062 and 216.347. FS, which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. Page 6of9 1199" 7 4"! standard Subsidized Child Care Contract S. Public Entity Crime As required by section 287.133, FS, the folio» inc restrictions are placed on the ability of persons convicted of public entity crimcs to transact business with the County. When a person or affiliate has been placed on the convicted vendor list Following, a conviction for a public entity crime, he.'she may not submit a bid on a contract to provide any goods or services to a public entity. may not submit a bid on a contract with a public entity for the construction or the repair of a public building or public \�-ork, may not submit bids on leases of real property to a public entity, may not be awarded or perform work, as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excrss of the threshold amount providcd in section 287.017, FS, for CATEGORY T M for a period of 36 months from the date of being placed on the convicted vendor list. T. pMce of Miami-pade COUnh' Inspector General, The Provider understands that it may be subject to an audit, random or otherwise, by the Office of Dade County Inspector General or an Independent Private sector Inspector General retained by the Office of the inspector General. U. Independent Private Sector Inspector General Reviews: Pursuant to Miami -Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Provider's budget 'and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Agreement. The terms of this Section shall not impose any liability on the County by the Provider or any third party. 11. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment 1, subject to the availability of funds. The State of Florida's and the County'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. B. Contract Pavment l Pursuant to section 215.422, FS, the County has five (5) working days to inspect and approve goods and services, unless the bid specifications, Purchase Order, or this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date a properly completed invoice is received by the County or the goods or services are received, inspected, and approved, a separate interest penalty set by the Comptroller pursuant to section 55.03, FS, %vill be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal office/contract administrator. Pavments to health care providers for hospital, medical, or other health care set -vices, shall be made not more than 35 days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .033339io. invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. i C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include actin g as an advocate for vendors who may be experiencing problems in obtaining timely payments) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or I-800-848-3792, the State of Florida Comptroller's Hotline, Page 7of9 t 9— 747 L Standard Subsidized Child Care Contract III. THE PROVIDER AND COUNTY ;MUTUALLY AGREE.: A. Effective and Ending Dates This contract shall begin on ►, ulv 1 199� or on the date on which the contract has been signed by both parties, whichever is later, and shall end on June 30. 2000. B. Termination: At Will, Because of Lack of Funds, or For Breach or Failure to Satisfactorily Perform Prior Agreement 1. This contract may be terminated by hither party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. In the event funds to finance this contract become unavailable, the County 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 v.ith proof of delivery. The County shall be the final authority as to the availability and adequacy of funds. In the event of tennination of this contract, the provider will be compensated for any work satisfactorily completed prior to notification of termination. 3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider. If applicable, the County may employ the default provisions in Chapter 60A-1.006(3), FAC. 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 County's right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the County in a manner satisfactory to the County will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the County, been notified by the County of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the County; or (2) had a contract terminated by the County for cause. C. Renegotiation or Modification Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly sinned by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in time rate of payment when these have been established through the appropriations process and subsequently identified in the County's operating budget. The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness of the proposed changes orders. D. Official Payee and Representatives (Fames, Addresses, and Telephone Numbers): 1. The provider name, as shown on page 1 of this 3. The name, address, and telephone number of the contract, and mailing address of the official contract manager for the County for this contract: payee to whom the payment shall be made: 0ifnZ rJr ,rYI&,iS( 06Y (24n r_- i'",+- Irene Tavlor-Wooten i--(D X '33�5:Z p E-� 1701 N`W 30th Avenue /Lf / fd�l i(/ , • 5 3 7. -6 '7 0 s�� Miami. Florida 33125 _2 ','I 5 - �' D ('tOS) 6�3-64L 2. The name, address and telephone number of 4. The name, address and telephone number of the the contact person for financial and representative of the provider responsible for adnministrative records: administration of the prograrn under this contract: 0 (4-9 P1 tz\) ✓. PCs _ _ Cy f f��� —�- �".Y •) }'✓- s 7- Lt1t�.�l+f2� 01AiIq a T:-1• 33�L ,fit�2 30 5 �F'40y- i Page 8of9��--(�� k ,standard Subsidized Child Care Contract S. Upon change of representatives (narnes. addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. E. All Terms and Conditions Included This contract and its attachments as referenced. Attachment I (At Risk/Low Income Family Support Act Child Care Services Single Provider Children and Family Services), Attachment 11 (Provider List), Attachment III (Child Care Variable Rates), Exhibit A (Child Care Pro�,,ram Assessment - Generic), Exhibit B (Child Care Pro,rarn Assessment - Categorical), Exhibit C (Child Care Program Exhibit C), Exhibit D (Metro -Dade County Affidavits, as required by the Board of County Commissioners), and Exhibit E (Florida Statutes on Public Entity Crimes), Exhibit F (Certification Regarding Lobbying), and Exhibit G (Florida Department of Children and Families Security Agreement Form) contain all the terms and conditions agreed upon by the parties. There arc no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is found to be illegal or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. I have read the entire contract inclusive of all its attachments, as referenced in Paragraph (II.E. above, and understand each section and paragraph. IN WITNESS THEREOF, the parties hereto have caused this 10 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS SIGNED BY: SIGNED BY: NAME: NAME: McMgtt R. Stierheim TITLE: TITLE: _ County Manaaer DATE: 611c57 Yy DATE: Federal EID# (or SSN): Provider Fiscal Year Ending Date: X01-�'3c�jj 99- 747 standard Subsidized Child Care Contract 5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the criginals of this contract. E. All Terms and Conditions Included This contract and its attachments as referenced. Attachment i (At Risk/Low income Family Support Act Child Care I Services Single Provider Children and Family Services), Attachment I1 (Provider List), Attachment III (Child Care Variable Rates), Exhibit A (Child Care Program Assessment - Generic), Exhibit B (Child Care Program Assessment - Categorical), Exhibit C (Child Care Pronratn Exhibit C), Exhibit D (Metro -Dade County Affidavits, as required by the Board of County Commissioners), and Exhibit E (Florida Statutes on Public Entity Crimes), Exhibit F (Certification Regarding Lobbying), and Exhibit G (Florida Department of Children and Families Security Agreement Form) contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is found to be ille-al or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shal I be stricken. I have read the entire contract inclusive of all its attachments, as referenced in Paragraph IIi.E. above, and understand each section and paragraph. IN WITNESS THEREOF, the parties hereto have caused this 10 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS SIGNED BY: NAME: TITLE: DATE: Federal EID# (or SSN): Provider Fiscal Year Ending Date: 49 ! �- Oo SIGNED BY: _ NAME: Merrett R. Stierheim TITLE: County Manager DATE: Page 9of9 99— 747 6/21 /99 Subs —zed Child Care Services Department of Children and Families Family Safety and Preservation i AT'TACHINIENT I i A. Services to be provided 1. Definition of Terms a. Contract Terms: i I ) Amendment: A document by which substantial changes are made to the executed ( contract, i.e., cost, services, time period, method of payment, etc. 2) Attachment 1: The section of the contract containing the Services to be Provided, Manner of Service Provision, Method of Payment and Special Provisions. 3) Contract: A formal written agreement between the "Department" and an individual or organization for the procurement of services. A formal contract consists of the Standard Contract, Attachment I and any other attachments or exhibits deemed necessary to the contract. 4) Contract Itlanager: An individual designated by the contract signer to be responsible for the management of the contract. 5) Contractual Services: The rendering by a provider of its time and effort in the provision of services described in the contract. 6) County: Refers to Miami -Dade County, Department of Human Services, Division of Child Development Services. 7) Exhibit: An attachment to the contract. 8) Provider: An organization or individual providing services or materials to the County in accordance with the terms of the contract. j 9) Fiscal Year: The state fiscal year is July I through June 30. b. Program or Service Specific Terms: 1 1) "At -risk." means children who have been determined to be at -risk of abuse, neglect or exploitation and who are currently clients of the Department of Children and Families. 3 This includes children whose protective services case has been closed due to child care services being provided. 2) "Low income" means children of working parents whose family incomes do not exceed 150 percent of the federal poverty income guidelines. Low income means working poor as referenced in Section 402.3015, F.S. 3) "Subsidized child care serer ices" means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for care. These services must be at least eighty-two percent (82%) of the project cost. 4) "W.A.G.F .S." means Florida's Work And Gain Economic Self -Sufficiency program which was implemented statewide October 1, 1996. 5) "Family Transition Program (FTP)" means Florida's pilot welfare reform projects, specifically clients grandfathered into the W.A.G.E.S. program. of 7 1 S 9 - / 4j 1.r a 6121i99 Subsruized Child Care Services Department of Children and Families Family Safety and Preservation 6) "Direct Services" means services to support families, subcontract and certificate/voucher providers to ensure safe, developmentally appropriate and family friendly child care services, and to assist families in preventing abuse and remaining or becoming economically self-sufficient. 7) "Administrative Services" means those services necessary to administer the contract as specified in the County's application. 8) "Prevailing market rate" means the 75th percentile of the market rate as determined by an annual market rate survey by district. 9) "Brigance or Ages and Stages" means the assessment instruments used to assess the three and four year olds. 10) "An individualized plan" means the plan that is developed by the child care center staff to monitor and assess the child's developmental patterns. 2. General'Descriptian a. General Statement. This contract is for subsidized child care services to eligible children and families and for administrative and direct services necessary to develop and to maintain a safe, cost effective, family friendly system to protect at -risk children and assist families to become or remain economically self-sufficient. b. Authority. Authority is provided in Section 402.3015, F.S. and 65C-21.001 and .003 Florida Administrative Code. c. Scope of Service. These services will be provided within Miami -Dade County of District XI, during the time period specified in the contract. d. Major Program Goals. The major goals of these services are to prevent abuse, neglect or exploitation of children, to assist families to become or remain economically self-sufficient, and to prepare children to enter school ready to learn. 3. Clients to be Served. Children determined by the County to be eligible for subsidized child care services upon completion of the enrollment process conducted in accordance with the procedures of the State of Florida Department of Children and Families. 4. Contract Limits. To the extent that resources are available, the provider shall provide child care and direct services to every family with a child eligible to participate in the subsidized child care program. B. Manner of Service Provision 1) The provider shall conform to the program standards of Chapter 65C-21, F.A.C., and with Section 402.3015, F.S. 2) Child care providers providing services through a subcontract with the County, must attain a minimum of 80% compliance on the Child Care Program Assessment. HRS-CYF Form 5048 and the Family Child Care Program Assessment, HRS-CYF Forth 5051 based on semi-annual monitoring by the provider. 3) Child care providers under subcontract with the County obtaining a 95% compliance or above on the program assessment instrument will be monitored annually. 2 of 7 S— �.:1IY9 Subsidized Child Care Services Department of Children and Families Family Safety and Presern-ation 4) 100% of three and four year olds in subcontracted centers and homes will receive a developmental screening (Brigance or Ages and States) within 12 � eeks of their birthday. 5) 100% of the three and four year olds in subcontracted centers and homes with developmental problems identified, will receive an individualized plan. The plan will be developed by the center staff within a four week period. Staffing Requirements a. Staffing Levels. The provider will maintain sufficient staff to deliver the agreed upon services as reflected in the provider Purchase of Child Care services "Proposal and Renewal Application". b. Professional Qualifications. Qualifications of staff should match those as presented in the provider's response to the County's request for proposal and the current year application. Changes, deletions and corrections shall be submitted in conjunction with the current application and any renewal year applications. Both the response to the request for proposal and the current application are incorporated herein by reference and maintained in the contract manager's file. c. Staffing Changes. It is agreed that the provider will notify the contract manager in writing within 30 days of major changes in staff, major provider reorganization, and transfer of significant duties within existing position descriptions. 3, Service Location & Equipment a. Service Delivery Location. The provider shall provide child care services at the location(s) listed in the provider's Purchase of Child Care Services Proposal. b. Service Times. Child care, direct services and administrative services must be available at times reasonably related to client needs for these services. For the purpose of this section, client means eligible children, their families, providers - both subcontracted and vouchered, and the County. It is expected that the provider will be open 262 days, 10 hours per day, excluding holidays. c. Changes in Location. If the provider changes location of offices, the contract manager, Irene Taylor -Wooten, shall be notified. The provider will have forty-five days to acquire all applicable license and inspections for the new facility. Failure to acquire the applicable licenses and inspections with the forty-five days will result in tennination of the provider's contract with the County. d. Equipment. It is the responsibility of the provider to determine what equipment is necessary to provide services, develop reimbursement requests and respond to the data requests by the County. 4. Deliverables a. Service Units. 1) A. unit of child care is a day or part day of child care services as defined in HRS Manual 175-14 and specified in the provider application. 3of 7 VON" 747 6/21/99 Subsidized Child Care Services Department of Children and Families Family Safety and Preservation b. Reports. The provider must insure that they have met all federal rcportin(' requirements. 1) The provider will provide reimbursement requests in accordance with the Method of Payment Section that follows. e. Records and Documentation. The provider will maintain accurate and current client information which is updated on a monthly basis. The County will monitor the status of the child's eligibility from onsite record reviews and from ad hoc reports obtained from the County's client information system. i 5. Performance Specifications a. Monitoring and Evaluation Methodology. By execution ofthis contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth below. If the provider fails to meet these standards, die County, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards. If the County affords the provider an opportunity to achieve compliance, and the provider fails to achieve compliance within the specified timeframe, the County will terminate the contract. 6. Provider Responsibilities a. It is expected that the provider shall attend or send a representative to a minimum of 7 of the 9 scheduled monthly Center Director meetings. b. Coordination With Other Providers/Entities. It is expected that the provider will participate in associations, attend annual meetings, participate in community collaborative groups and attend County in-ser,,ice training sessions to the extent possible by funding and program; description and design. c. The provider will at no time knowingly exceed its center(s) licensed capacity, which is determined by the total number of children enrolled including subsidized and private children. Providers found in violation of their capacity as determined by the Department of Children and Families, may be subjected to terniination of their contract by the County. C. Method of Payment I. The County agrees to pay the provider according to the rates included on Attachment 11. The County reserves the right to change these rates based upon changes in the district rate schedule without amending this contract. Furthermore, the Countv reserves the right to add, delete, or modify the age level components included in this contract without amending this contract. The County will notify the provider 30 days prior to any change in the daily rate payable or age level components contracted for, as indicated in Attachment 11 of this contract. The daily reimbursable rate for the provision of child care services shall be the lesser of the subcontractor's private rate or the district's maximum stated rates as reflected in Attachment III of this contract. 1� a • j � � 6/21199 Subs, -d Child Care Services Department of Children and Families Family Safety and Preservation D. Special Provisions 1. iNliscellaneous Section a. The County shall furnish consultation to the provider in the areas of fiscal management and j the County's required standards for program quality. b. Payment shall be made only for those expenditures incurred in the provision of eligible services to elieible clients. Client eligibility and service eligibility shall be determined by I the County or verified with an appropriate referral authorizing services according to Section 402.3015, F.S. and 65C-22 F.A.C. and County operating procedures. c. Provider personnel who, as part of their duties and responsibilities, spend 40 hours or more per month in child care prog,rarn(s) must submit a local and state criminal records check within ninety (90) days of employment. d. The provider agrees to recognize the County when issuing publications and conducting events either partially or fully funded under this contract. Recognition should include at a minimum the County's name and logo. 2. Morals Clause The Provider understands that performance under this contract involves the expenditure of public funds from both the state and federal governments, and that the acceptance of such funds obligates the Provider to perform its services in accordance with the very highest standards of ethical and moral conduct. Public funds may not be used for purposes of lobbying, or for political contributions, or for any expense related to such activities, pursuant to Section I R of the Standard Contract of this contract. The Provider understands that the County is a public agency which is mandated to conduct business in the sunshine, pursuant to Florida Law, and that all issues relating to the business of the County and the Provider are public record and subject to full disclosure. The Provider understands that attempting to exercise undue influence on the County and its employees to allow deviation or variance from the terms of this contract other than negotiated, publicly disclosed amendment, is prohibited by the State of Florida, pursuant to Section IIl C of the Standard Contract. The Provider's conduct is subject to all state and federal laws governing the conduct of entities engaged in the business of providing services to government. , 3. Security Data Integrity - CF Operating Procedure No. 50-6 As referenced in Administrative Rule 44.4.080(1)(a)(b), Employee Requirements, and Chapter 815, Florida Statutes, "Florida Computer Crimes Act", all employees and contract employees with access to data through computer related media must read and sign the security agreement form (CF ! 14). as identified in Exhibit G. Fulfillment of security responsibilities shall be mandatory and violations may be cause for civil penalties. or criminal penalties under chapters 119, 812, 815, 817, 839. or 877, Florida Statutes, or similar laws. The provider will ensure that Exhibit G will be siggned by the director as listed in the subcontract within 30 days from exeeU(IOil of this contract and that a copy is retained in their contract file. The signed original must be sent to the contract manager %which will be retained in the contract file. A copy ofthe CF OPERATING PROCEDURE NO. 50-6 is available upon request. 5 of 7 .9 � j n _ 74�! 1 L 6/21 /99 Subsiu,Lcd Child Care Sen-ices Department of Children and Families Family Safety and Preservation 4. Emereencv Plan The provider shall be responsible for the care, maintenance and, if necessary, the relocation of clients during any natural disaster. emergency including loss of functionality resulting from Y2K defects, or period of civil unrest. The provider shall submit its emergency plan to the County for approval at the time of submission of the agency's proposal and must be updated on a yearly basis. In case of evacuation, the emergency plan must identify the method of evacuation, the address of the emergency or shelter facility to be utilized and the method of notification of the County of the evacuation. 5. Incident Report All providers will be required to document any incidents in the following manner: a. The provider must fill out an incident report for each incident occurring during the administration of its program b. A copy of the incident report must be placed in a central file marked "Incident Reports", a copy must also be placed in the client file for every client involved in the incident and/or in the personnel file of every employee involved in the incident. The provider must ' immediately forward a copy of the incident report to the contract manager for the County. The contract manager shall then be responsible for the dissemination of the incident report to the program office. e. If the incident report is an emergency in that the provider is aware that the health, safety or welfare of any person has been threatened or may be, in imminent danger, the provider shall make telephonic contact with the County program office immediatley and follow up with the written incident report in accordance with paragraph (2). 6. Subcontracted Care a. The County is responsible for negotiating fixed rates with its subcontractors. Rates negotiated by the County may not exceed the rates paid by the general public (private pay rate) nor shall they exceed the district rate schedule established by the Department of Children and Families. b. The only fees that can be required of a parent who participates in the subsidized child care program with a provider subcontracted or directly operated center or home, with the exception of transportation or late pick-up fees, are those listed in the Department of Children and Families' Subsidized Parent Fee Schedule. c. However, should a parent prefer a subcontracted provider whose private pay rate paid by the general public exceeds the negotiated subsidized rate, the parent will be responsible for the difference between the provider's private rate and the County's subsidy rate. These payments are arranged between the parent and the caregiver and are not administered by the County. d. The County will insure that appropriate quality care options are available for all clients without requiring them to pay rates or fees exceeding the subsidized rate plus assessed parent fee. 6 of 7 99" mini L 6/21 /99 D. Special Provisions 1. liiscellaneous Section Subs, �-d Child Care Services Department of Children and Families Family Safety and Preservation a. Tile County shall furnish consultation to the provider in the areas of fiscal management and the County's required standards for program quality. b. Payment shall be made only for those expenditures incurred in the provision of eligible services to eligible clients. Client eligibility and service eligibility shall be determined by the County or verified with an appropriate referral authorizing services according to Section 402.3015, F.S. and 65C-22 F.A.C. and County operating procedures. c. Provider personnel Nvho, as part of their duties and responsibilities, spend 40 hours or more per month in child care program(s) must submit a local and state criminal record's check within ninety (90) days of employment. d. The provider agrees to recognize the County when issuing publications and conducting events either partially or fully funded under this contract. Recognition should include at a minimum the County's name and logo. 2. Morals Clause The Provider understands that performance under this contract involves the expenditure of public funds from both the state and federal governments, and that the acceptance of such funds obligates the Provider to perform its services in accordance with the very highest standards of ethical and moral conduct. Public funds may not be used for purposes of lobbying, or for political contributions, or for any expense related to such activities, pursuant to Section I R of the Standard Contract of this contract. The Provider understands that the County is a public agency which is mandated to conduct business in the sunshine, pursuant to Florida Law, and that all issues relating to the business of the County and the Provider are public record and subject to full disclosure. The Provider understands that attempting to exercise undue influence on the County and its employees to allow deviation or variance from the terms of this contract other than negotiated, publicly disclosed amendment, is prohibited by the State of Florida, pursuant to Section lit C of the Standard Contract. The Provider's conduct is subject to all state and federal laws governing the conduct of entities engaged in the business of providing services to government. I Security Data Integrity - CF Operating Procedure No. 50-6 As referenced in Administrative Rule 44.4.080(l)(a)(b), Employee Requirements, and Chapter 815, Florida Statutes, "Florida Computer Crimes Act", all employees and contract employees with access to data through computer related media must read and sign the security agreement form (CF 114). as identified in Exhibit G. Fulfillment of security responsibilities shall be mandatory and violations may be cause for civil penalties, or criminal penalties under chapters 119, 812. 815, 817, 839. or 877, Florida Statutes, or similar laws. The provider will ensure that Exhibit G will be signed by the director as listed in the subcontract within 30 days from execution of this contract and that a copy is retained in their contract file. The signed original itIust be sent to the contract manager which will be retained in the contract File. A copy of the CF OPERATING PROCEDURE 10. 50-6 is available upon request. 5 of 7 9- 747 6/21/99 Subsidized Child Care Services Department of Children and Families Family Safety and Preservation e. As authorized by the legislature, the County is authorized to pay up to 201/'b higher differential rate for Gold Seal Centers and family child care homes. In no circumstance may the base rate and the differential rate exceed the child care provider's (center or home) private rate. The differential rate may be paid to either contracted (purchase of service) or CertificateAloucher providers. The differential rate cannot exceed the district's base rate plus 20%. 7. Year 2000 Remedy Clause A. The Provider warrants that any and all computer systems and equipment utilized by the Provider under this Agreement are Year 2000 compliant or that the necessary steps shall be taken to make such computer systems and equipment Year 2000 compliant prior to January 1, 2000. Provider shall be liable for any damages resulting from computer systems and equipment that are not Year 2000 compliant. B. In the event of any decrease in hardware or software program functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors or Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee, time being of the essence. 7of 7 99- 747 flg^� GREENBERG TRAURIG CLIENTNU I'SI: ' 1) SOLI 7,110N, DRIVIA A At'�roi Aj� 9Y ILI& fo, uv, GW�t-feeq- -0U/IjJt)I- Ct- X P c-T r 1,;��runi AJat. IF t?f"e. C--t re" TC CO A 16 0 ic )e Act OP I ij ro d' a/ jr0r, �� 2: Le "J� do kettle r 0 CA r 7a- ess TO- ra 6 e (e e� 0 ..Colo [Ail ),,//11)4do ,- /17 6- pedA rpa rn V4d C, Up& e'/6)6f V I me, Ina C ) 49/4 r e v� o rn 0 ICA< ('-u r /r� (f I Xr -f y k7r -P r;F Mf 10//17) k4- 'ivi 17 A.IeX 11 ' ') x- "- �� tqf T V- 0 jkD Q- �� tx 7D Jfi)/ ep S �C ��� _� y (V AFt -tjl7eS I-tj& - To- e "t Al �ery C e f I o c� , O� G r�.� r t�cr �/�s ,� v . C/ Cox)s �Attlu IOr 7ee h e �J' 6P IL -N.37-VVIA/i V-c-, c I 4e Ir) OJ 0' Itp/ —er t� p'o v zz r / rq Rj t� Ia lu 5 �) !� c ��� C 4 pAj r 1�)) -T0 Cc /-r.,- Cr 1)) v