HomeMy WebLinkAboutR-98-0899J-98-980
9/17/98
RESOLUTION NO. 9 V— 8 9 9
A RESOLUTION, WITH ATTACHMENT, ACCEPTING A
GRANT, IN THE TOTAL ESTIMATED AMOUNT OF
$86,305.00, FROM THE U.S. DEPARTMENT OF
HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH
MIAMI-DADE COUNTY TO PROVIDE CHILD DAY CARE
SERVICES TO CHILDREN FROM LOW INCOME FAMILIES
IN THE CITY OF MIAMI; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
MIAMI-DADE COUNTY TO ACCEPT SAID GRANT AND TO
IMPLEMENT THE CHILD DAY CARE PROGRAM.
WHEREAS, under Title XX of the Social Services Act, the
United States Department of Health and Human Services provides
funding to states that offer child day care services to assist
parents from low income families to obtain, retain, or acquire
employment training; and
WHEREAS, the State of Florida has contracted with Miami -Dade
County to provide child day care services in the County to these
low income families; and
WHEREAS, as it has for the last nineteen (19) years,
Miami -Dade County wishes to subcontract with the City of Miami to
provide said services to eligible families within the City; and
WHEREAS, the Day Care Division of the City's Department of
Parks and Recreation anticipates providing day care services to a
maximum of sixty (60) children (thirty-four (34) preschoolers,
ATTACHMENTfe"
CONTAINED tai
1 }i •
-I iM
SEP 2 8 1998
A900106 a No.
�_
C. 19
ten (10) toddlers, and sixteen (16) infants) for a one year
period beginning July 1, 1998; and
WHEREAS, under the terms of the grant, the City will be
reimbursed up to the maximum daily rates of $16.20 for infant
care, $13.20 for toddler care and $10.00 for care of preschool
children;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. 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
$86,305.00, is hereby accepted for the provision of child day
care services to children from low income families in the City of
Miami.
Section 3. The City Manager is hereby authorizedY to
execute an agreement, in substantially the attached form, with
Miami -Dade County to accept said grant and to implement said
program.
Section 4. This Resolution shall become effective
1� 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 -
98- 899
immediately upon its adoption and signature of the Mayor.21
PASSED AND ADOPTED this 28th day September 1998
ATTEST:
JOE CAROLLO, MAYOR
in accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
this legislation by signing it in the designated place provided, said lPgiislaiicn ;iovf
(becomes effective with the elapstn (10) da s from the date of Cony sion action
regarding same. watt W the Ma r ' 'ng veto.
Wa er man, City Cie&
WALTER J. FOEMAN
CITY CLERK
CORRECTNESS
ATTORNEY
W2928:CSK:kc
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.
- 3 - Q Q
98 -- 899
V
andard Subsidized Child Care CoL .let
E r.I'll 7 MIAMI-DADE COUNTY
DEPARTMENT OF HUMAN SERVICES
��� DWISION Of CHIT DEVELOPMENT SERVICES
ANDARD CONTRACT
C, r- i T . C. - :'I
THIS CONTRACT is gqrtdljf tol.'4e't}+vttn Miami -Dade County, a political subdivision of the State of Florida,
hereinafter referred to as the "County" and CITY OF MIAMI DAY CARE PROGRAMS
hereinafter referred to as the "provider".
THE PARTIES AGREE:
- I(.:q 18 1933
L THE PROVIDER AGREES:
A. To provide services in accordance with the conditions specified in Attachment
Da v Care i ec
B. Requirements of Section 287.058, FS.
To provide units of deliverables, including reports, findings, and drags, as specified in Attachment I, 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 II, 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 I, 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 Program 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 I.
b. If this contract contains federal funds and is over $100,000, the provider shall comply with all applicable
standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C.
1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive
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,ror• agent
acting for the provider, to influence legislation or appropriations pending before the Congress pr any.
State legislature. 1 this contract contains federal funding in excess of S100,000, the provider must, prior
Page 1 of 10
98— 809 ,/
Standard Subsidized Child Can Coro -act
to contrac gution, complete the Certification Reg. mg Lobbying form, Attachment F. If a
Disclosure of Lobbying Activities form, 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 manager.
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 Nationalization Act. Such
violation shall be cause for unilateral cancellation of this contract by the County.
e. That if this contract contains $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 $1,000 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 contma
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 o'h 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 time records shall be subject at all 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 aurdwrized by the County and
Federal auditors,pursuant to 45 CFR, Part 9236(t)(101 shall be allowed Bull 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 Attachmed I and to ensure that all
related party transactions arc disclosed to the audits.
7. To include the aforementioned audit and reoord keeping requhomeab in all approved subeontmcft and
assignments.
E. Monitoring by the County To permit persons duly authmud by the County to inspect any records, papa:, documents, facilitie% goods, and
services of the provider which are relevant to this ax trac k and/or hft- new any clients and employees of the
provider to assure of the satisfsclmy performance of the terms and oonditioos of this ooaftOL 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 providers performance of the term: and coaditioos 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. The providers failure to correct noted deficiencies any, at the sole and exclusive
discretion of the County, result in any one or any combination of the fallowing: (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.
Page 2 of 10 9 8- 899
i - indard Subsidized Child Care Cor ct
F. Music and Reading Opportunities for Children
1. To provide for children from birth to 5 years and environment rich in language and music and filled with
objects of various collors, shapes, textures, and sizes to stimulate visual, tactile, auditory, and linguistic
senses in the chidren.
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 least 30 minuts of reading to the children 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.
G. 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.
TBEPROVEDERS%Vd ict to the provision of and limitations contained in section 768. 28, Flor
Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalitiesstat
from any and all liability, losses or damagts, including Zxufn i..d fees and costs of defense, which the County or
its officers, employees, agents, or instrumentalities may incur as a result of claim; demands, suits, causes or
actions or proceedings of any kind or nature arising out o& relating to or resulting fmm 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 shall investigate and defend ail claims, suits or actions
of any kind or natur+d m the name of the County, when; applicable, inchiding appellate proceedings, and shall pay
all costs, judgments, and attorneys 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 harmless and to indemnify, keep and save harmleand defend the County or its offices; employees, agents and
instrumentalities as herein provided.
EL Insurance
The provider shall furnish to Miami-Dide County, clo Risk Management Division 111 N.W. lst 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 edstence of this contract and any renewals) and extensions) 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 far identifying and determining the types) and extort of liability insurance
necessary to provide reasonable financial protections for the provider and the chants to be served under this
contract Upon the exet Aw of this contrary the provider :ball frnish the Cmary written verification
supporting both the detamiaation and exi:taoce of snob imtrance coverage. Such eovwp may be provided by
a self-insurance program established and operating under the laws of the State of Florida. 7U County reserves
the right to require addid000l insurance as specified in Amchment IL
1. The Certificat(s) of Insurance which indicate that insurance coverage has been obtained which marts the
requirements as outlined below:
a. Worker's Compensation b maace for all employees of the provider as mq*W by Florida Statute 440.
b. Public Liabilky Insurance on a comprehensive basis in ao amount not lest thin $300,000 combined
single limit per oommoce for bodily injury and property damage. Miami -Dodo Canty must be shown
as an additional insured with respect to this coverage.
c. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection
with the work, in an amount not less thin $300,000 combined single limit per occurrenoe for bodily
injury and property damage for vehicles designed for 1S passengers or km Vehicles designed to
transport 16 passengers or more are required to have an insurance coverage of $500,000 combined single
limit per occurrence for bodily injury and property damage.
Page 3of10 98
_ 899
p 'tandard Subsidized Child Care Cc act
In the event a provider does no, ..se any vehicle to transport subsidized chilo 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 pr.;vider.
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 V" 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 providei`6 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 a. 768.28, FS. Nothing
herein shall be construed to extend any party liability beyond provided in s. 768.28, FS.
L 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 205.501 accept 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 availsble for public inspection, unless a record is specifically exempted by
statute.
J. Assignments and Sabcontraeb
1. To neither assign the t+espaosibil- for this contract to another party nor subcontract for any of the work
cntemplsted under this contract without prior written approval of the County which shall not be
unreasonably withheld. Amy sublicense; assignment, ortranshrotheawise occ r iog shall be null and void.
2. To be responsible for all work performed and all expenses incurred with the pwja L If the County permits
provider to subcontract all or part of the work contemplated under this contract, including entering intb
subcontracts wilt vendors for services and commodldes, it is understood by the provider that all such
subcontract arrangements 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
determination of whew or not mbeontracting is permissible, whether due offexued :tubeontaaater its
acceptable to the County, and the inclusion of applicable terms and conditions of this comtrw% IMe provider
further agrees that the County shall not be liable to the subcontractor for any acpecses or liabilities incurred
under the subcontract and the provider shall be solely liable to the :tub000fth i r for all acpeases 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 4of10 98- 899
1'
.rndard Subsidized Child Care Con%. act
provider. In the event the State of Florida approves transfer of the pmvidees obligations, the provider
remains responsible for all work 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 between 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 387.0585, FS. Failure to pay 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
outstanding balance due.
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 :ndepeadent 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 (1) 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 subeoatracton shall, in
accordance with the client risk prevention system, report those reportable situations Isted in HRSR 215-6
Paragraph S, in the manner prescribed in HRSR 215-6 or district operating procedure&
2. The provider will immediately report knowledge or reasonable suspicion of abuse; neglect; or exploitation of
a child, aged pers�n or disabled adult to the Florida Abuse Hotline on the ststewide tollfree telephone
number (1-800-96-ABUSE). As required by Chapter 415, FS, this is binding upon both the provider and its
employees.
AL Transportation Di advantageil
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 pawider shall submit to the County tin report: required Pm=Ant to
Volume 10, Chapter27, HRS Accounting Procedures Manual.
N. Purchasing
1. To purchase articles which are the subject o4 or an required to carry out this contract from Prison
Rehabilhative Industries and Diversified Entapcises, Inc. (PRIDE) idwAfled under Chapter 946, FS, in the
same manner and under the procedures set forth in subsections 946.S15(2) and (4). FS. For purposes of this
contract, the provider:lull be deemed to be substituted for the County insofar as dealings with PRIDE. This
clause is not applicable to subcoatractors unless otherwise required by law. An abbreviated list of
products/services available from PRIDE may be obtained by contacting PRIDE, (&SO) 487-3774.
2.. To procure any products or materials which arc the subject o4 or are required to carry out this contract, in
accordance with the provisions of sections 403.706S, and 287.04S, FS.
3. Procurement of Materials with Recycled Content
98- 899
Page 5 of 10
'tandard Subsidized Child Care Ca let
It is expressly understood and agreed that any products or materials which are the subject of, or are required
to carry out this contract shall be procured in accordance with the provision of sections 403.7%S, and
287.045, FS.
O. Civil Rights Requirements
1. 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 (1S) or more individuals.
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 1S 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. Any 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
P. Independent Capacity of the Contractor
1. 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 Canty 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 offioen, agents, employees,
subcontractors, nor assignees are entitled to state retirement or state leave benefits or to nay other
compensadan of state or county employment as a result of performing the duties and obligations of this
contrast.
4. To take such actions as may be necessary to ensure that each suboonttador of the provider will be deemed to
be an independent contractor and will not be considered or permitted In be an agent, Se v&K joint ventures,
or partner of the County.
S. The County will not furnish services of support (e.g., office spoon office supplies, telephone service,
secretarial or clerical support) to the provider, or its suboontraeW or assignee, unless justified by the
provider and speed to in advaase by the County in Attachment L
6. All deductions for Social security, withholding taxes, income tares cxhntrtbutlotts to unemployment
compensation fiords, and all necessary insurance for the provider, the provider's officers, employee:, agents,
subcontractors, or assignees shall be the responsibility of the provider.
Q. Sponsorship
A3 required by section 28615, 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 County, and the State of Florida Department of Children and Families.' if the sponsorship
Page 6 of 10 9 8_ 899
99
(' lndard Subsidized Child Care Con. .ct
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.
R. 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.
S. Use of Funds For Lobbying Prohibited
To comply with the provisions of sections 111.062 and 216.347, FS, which prohibit the expenditure of contract
funds for the purpose of lobbying the Legislature, judicial branch, or a state agency.
T. Public Entity Crime
As required by section 287.133, FS, the following restrictions are placed on the ability of persons convicted of
public entity crimes 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 contrail .
to provide any goods -or services, to a public entity, may not submit a bid on a contract with a public entity foi the
construction or the repair of a public building or public work, may not submit bids an leases of real property to a
public entity, may nbt 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 aaxss of the threshold
amount provided in section 287.017. FS, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
U. Patents, Copyrights, and Royalties
1. If any discovery of invention arises or is developed in the course or as a result of work or services performed
under this contras or in anyway connected herewith, the provider shall refer the discovery or invention to the
County to be referred to the Department of State to determine whetha patent protection will be sought in the
name of the State of Florida. Any and all patent rights accruing under or in oaomection with the performance
of this contract are hereby reserved to the Sate of Florida.
2. In the event that air books, manuals, films or other copyrightable materials are prodooed, the provider shall
notify the Department ofState. Amy and all oopyrights accruing miler or to camectioowhh the performance
under this contract are hereby rwervW to the State of Florida.
3. The provides, without exceptim shall b demnify and save harmless the State of Florida and its employees
from liability of any man at kind, including cost and expenses for or on aommt of any copyrighted,
patented, or tmp tinted invention. prooest„ or article manufitcba+ed by the provider. Mw provider has no
liability when such claim is solely and awfusively due to the Depar l mad of Std h athwadoo of the article.
The State of Florida will provide prompt written notification of claim of copyright or patent infringement.
Further, if such claim is made or is pending, the provider may, at its option and Mense, procure for the
Department of State, the right to continue use o& replace, or modify the article to render it non -infringing. If
the provider uses any design, device. or materials covered by letters, patent, or eopydgK it is mutually agreed
And understood without oweption that the bid prices shall include all royalties or cost arising from the
use of such design, device, or materials in any way involved in the work.
Page 7 of 10
'tandard Subsidized Child Can Co act
IL THE DEPARTMENT AGRk .j:
A. Contract Amount
To pay for contracted services according to the conditions of Attachment I; 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 ally other contract or from any
other source are not eligible for reimbursement under this contram
B. Contract Payment
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, will be due and. payable in addition to the invoice amount. To obtain
the applicable interest rate, contact the district fiscal office/contract administrator. Payments to health care
providers for hospital, medical, or other health care services shall be made not more than 3S days from the date
eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .033330/0.
Invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties lea than
one dollar will not be enforced unless the vendor requests payment.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this
individual include.acting as an advocate for vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or
1-800.848-3792, the State of Florida Comptrollees Hotline.
IIL THE PROVIDER AND COUNTY MUTUALLY AGREE:
A. Effective and Ending Dates
This. contract shall begin on July 11, 1998 or on the date on which the contract has been signed by both parties,
whichever is later, and shall end on June 30,1999.
B. Termination: At Will, Because of Lack of Funds, or For Breach er Failure to Saddactorily Perform Prior.
Agreement
1. This contract may be terminated by eidw party whhout causer upon no less than d tiRy (30) calendar days notice
in writing to the other patty unless a lessa 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 Soance this ombact beoorne unavailable, the CoemW may terminate the contract upon no
Ion than twenty-four (24) bonus notice in writing to the provides. Said notice shall be delivered by certified mail
return receipt requesoed, or m person with proof of delivery. The ConnW shall be the final aiithorlty as to the
availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated
for any work satisfactorily completed prior to notification of tamination.
3. This contract may be terminated for the providees 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 pmvisions 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 inequity.
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
Page 8of10 98- 899
,andard Subsidized Child Care Con.. aet
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 Modlficadon
Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly
signed by both parties. 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 established through the appropriations
process and subsequently identified in the County's operating budget
D. Otiicial Payee and Representatives (Names, 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 o whom the payment shall. be made:
4 -f X4 - g�j nnyp-gg Pggg )AI V. 3ur
2-
_ P o_ Box 110708 v
Miami, FL 33233-0708 Z
305-860-3809 N'--'1'n - %tan Z)
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
administrative records:' tiom of the program under this contract:
rA?-non T Fv^nc on- T Fvnnc
—� P.O. Box 330708
Miami, FL 33233-0708 Miami, FL 33233-0708
305-860-3809
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 originals of this contract
E. All Terms and Conditions Included
Taus contract and its attachments as referenced, Attachment I (At RisidLow Income Family Support Act Child
Care Services Single Provider Children and Family Serviced Attachment II (Provider 1101 Attachment III
(Child Care Variable Rates), Exhibit A (Child Carus PWD= Assessment - Genf c1 Exhibit B (Child Care
Program Assessment- Categoric . Exhibit C (Child Care Program, Exhibit" Exhibit D (Metro -Dade County
Affidavits, as required by the Hoard of Co=fy Commisdmers� and Exhibit E (Fkcida S on Public Entity
Crimes), Exhibit F (Certification Regarding Lobbying), and Exhibit G (Florida DWtment of Children and
Families Security Agreement Form) eomtain all the taus and conditions agreed upon by the parties, There are
no provisions, terms, condition, ar obligations other than those contained herein. and this contract shall
supersede all previous commumicatioos, repraeatati 904 or agreements, either verbal or written between the
parties. If any term or provision of tie contract is found to be illegal or unemfotcable, the remainder of the
contract shall remain in full force and effect and such term or provision shall be atrickaL
Page 9of10 98— 899
andard Subsidized Child Care Coa. .act
I have mqd the entire contract inclusive of all its xUachments, as referencl In Paragraph M.E. above, and understand
each wAlf 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:
SIGNED BY.:
SAME: Wsirinhaw
TITLE: City Manager
DATE:
Federal EID# (or SSN):
Provider Fiscal Year Ending Date: G / I I
gFROVED AS 10 FORM AND CORRECTNESS:
CITY ATTORNEY
MIIAI U-DADE COUNTY
BOARD OF COUNTY COMMISSIONERS
SIGNED BY. -
NAME:
TTIiE:
DATE:
Approved As To,Insurance Requirements:
Mario Soldevilla
Risk Management Administrator
ATTEST:
Walter J. Foeman, City Clerk
Page 10of10 98- 899
5/15/98
Subsidized Child Care Services
Depa, ent of Children and Families
Farah, .3afety and Preservation
ATTACHMENT I
A. Services to be provided
1. Definition of Terms
a. Contract Terms:
1) 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 I: 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 Manager: 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.
9) Fiscal Year: The state fiscal year is July 1 through June 30.
b. Program or Service Specific Terms:
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.
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 faanily incomes do not exceed
150 percent of the federal poverty income guidelines. Low income means working poor
as refameed in Section 402.3015, F.S.
3) "Subsidized child care services" 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, foe, or grant is made for care. These services must be at
least eighty-two percent (82%) of the project cost.
4) "W.A.G.E.S." means Florida's Work And Gain Economic Self -Sufficiency program
which was implemented statewide October 1,1996.
5) "Family Transition Program (FI'P)" means Florida's pilot welfare reform projects,
specifically clients grandfathered into the W.A.G.E.S. program.
lof 11 98- 899
„ LJI YO Subsidized Child Care Services
Depa—nent of Children and Families
Fam. _ .safety and Preservation
6) "Direct Services” means services to support families, subcontract and
certificatelvoucher 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 Description
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 ther 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.
a Child Development support services will be provided in accordance with those services
identified on the Center Application/Proposal form.
1) Priority I -
a) Children of families who are eligible because of an allegation of abuse, neglect or
exploitation:
1- Is under child protective investigation, or
2- Has resulted in the provision of protective services, or
3- Resulted in the past provision of protective services, but for which the protective
services case has been closed as a result of subsidized child care services having
reduced and continuing to reduce the risk factors (for abuseand/or neglect) for the
family.
b) Children who are in "Out of Home Placements", consisting of either relative care,
foster cam, or emergency shelter.
c) Family income must be equal to or less than 185% of the federal poverty level.
2 of 11
98- 899
.)i i>/`l0
Subsidized Child Care Services
Depie ent of Children and Families
Famiir Safety and Preservation
2) Priority II
a) Families who are applicants, or are
are recipients of temporary cash
employment, and are participating
reasonable travel time.
involved in job preparation activities or who
assistance (W.A.G.E.S.) for the hours of
in authorized education and/or training plus
This category also includes:
1- W.A.G.E.S. Family Transition Program (FTP) in District 1
2- Family Transitional Program Transitional Education in District 1
3- Children of working parents whose family income is at or below 100% of the
federal poverty level, who need care in order to maintain employment of at least
20 hours or more per week.
4- The family income must be equal to or less than 185% of the federal poverty
level.
5- In two parent families, both parents must meet the eligibility criteria.
6- Transitional Child Care (less than 3 of 6 months)
7- Transitional Child Care (3 or more out of 6 months)
8- Transitional Education
9- TCC/Transitional Education
10- • ,Teen parents
I I- Migrant farm workers
12- 'Former Transitional Child Care
3) Priority III .
a) Working parents who need care in order to maintain employment of at least 20
hours or more per week.
This category also includes:
1- The family income must be between 100% and 150016 of the federal. poverty
level,and does not exceed 185% of the federal poverty level.
2- In two parent families, both parents must meet the eligibility criteria.
3- Children who receive temporary cash assistance (W.A.G.E.S.) as "child only
case", and the family is not eligible under Priority I or W.A.G.E.S.
4- Children who are at home or who have been placed with a relative, and the parent
or relative receives Supplemental Security Income (SSI) and needs child care due
to disability.
5- Native Americans
b) Client Determination. Eligibility for at -risk child care services will be made by the
Department of Children and Families and referred to the provider for services.
W.A.G.E.S. and the initial Transitional Auld Care eligibility will also be determined
by the Department and WJLG.E.S. staff or with the Department of Labor and
referred to the provider for services. Eligibility for all other categories will be
determined by the County. In case of a dispute regarding eligibility, the final
determination of eligibility will be made by the contract manager.
c) 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.
3ofII
•
)/1.)/YO
Subsidized Child Care Services
Depa ent of Children and Families
Famhy Safety and Preservation
B. Manner of Service Provision
1. Service Tasks:
a. Task List
1) Child Development support services will be provided in accordance with those services
identified on the Center Application/Proposal form.
2) To the greatest extent possible, child care services for children at -risk of abuse, neglect
or exploitation will be provided in centers or homes which are either directly operated or
subcontracted. All other clients will have a choice of the following:
a) Directly operated and subcontracted care:
1- licensed child care centers
2- licensed or registered family homes
3- exempt, school operated programs
b) CertificateNouchered care:
1- licensed child care centers
2- licensed or registered family homes
3-',sectarian child care
4-, relative and neighbor family home care in the home of the parent
5- any legal child care arrangement
3) The provider shall conform to the program standards of Chapter 65C-21, FAX and
with Section 402.3015, F.S.
4) Child care providers providing services funded by this contract which are directly
operated or under a subcontract 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 Form 5051 based on semi-annual monitoring by the provider.
5) Child care providers whether directly operated or under subcontract obtaining a 95%
compliance or above on the program assessment instrument will be monitored annually.
6) The provider will maintain client eligibility information in such a manner that monthly
management report information and ad hoc reports may be provided as requested by the
County.
7) 100% of three and four year olds in subcontracted or directly operated centers and
homes will receive a developmental screening (Brigance or Ages and Stages) within 12
weeks of their birthday.
8)100% of the three and four year olds in subcontracted or directly operated 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.
b. Task Limits. Child care and direct services are limited to the geographic area described in
section A.2.c. preceding and to the provisions of the Method of Payment section and the
Special Provisions section (sections C and D) following.
4 of 11
98- 899
i J' 7° Zuosl(Ilzed Cluld Care Services
Depart*^-nt of Children and Families
Famil, fety and Preservation
2. 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 arrange or provide child care services
throughout the geographic area assigned.
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 261 days, 10 hours per day,
excluding holidays.
c. Changes In Location. If the provider changes location of offices, the contract manager,
Pernella V. Burke, shall be notified.
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. Dellverables
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.
b. Reports. The provider must insure that they have met all federal reporting requirements:
1) The provider will provide reimbursement requests in accordance with the Method of
Payment Section that follows.
c. 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
provider's client information system.
5of11
J/ 1 J/ 7O
.I
Jubslcilzed Child Care Services
Depart—ent of Children and Families
Famil. fety and Preservation
5. Performance Specifications
a. Outcomes and Outputs
I ) 100% of W.A.G.E.S. clients who need child care that receive subsidized child care
services.
2) 95% of Families with Children receiving subsidized child care services who are satisfied
based on Customer Satisfaction Instrument.
3) $Q.1 of four year old children placed with contracted providers in care for at least .nine
months prior to the entry into kindergarten, ready to learn as determined by DOE or local
school systems' readiness assessment.
b. Standards Definitions
1) Client satisfaction survey means the County's. generic client Customer Satisfaction
Instrument.
c. Monitoring and Evaluation Methodology. By execution of this 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, the 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.
d. Performance Definitions.
1) Outcome and Outputs number 1 will be measured in the following way, the number of
W.A.G.E.S. referrals placed will be divided by the number of W.A.G.E.S. referrals
received.
2) Ninety-five percent (95%) of the clients receiving subsidized child care will be satisfied
based on the County's Customer Satisfaction Instrument.
6. Provider Responsibilities
a. Provider Unique Activities. It is expected that the provider shall attend a minimum of 7
Center Director meetings.
b. Coordination With Other ProviderstEatities. It is expected that the provider will participate
in associations, attend annual meetings, participate in community collaborative groups and
attend County in-service ftiining sessions to the extent possible by funding and program
description and design.
C. Method of Payment
1. The County agrees to pay the provider according to the rates included on Attachment II. The
County reserves the right to change these rates based upon changes in the district rate schedule
without amending this contract. Furthermore, the County 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
6ofil
5115198 Sr' ' sized Child Care Services
Dep..,tment of Children and Families
Family Safety and Preservation
components contracted for, as indicated in Attachment II 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.
D. Special provisions
1. Miscellaneous Section
a. The 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 who, 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
Rinds 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 reoad and subject to full
disclosure. The Provider understands that attempting to exercise undue in8oence 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 III 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. Logo
As required by Section 286.25, Florida Statutes, if the provider is a non governmental
organization which sponsors a program financed wholly or in part by the state funds, including
any funds obtained .through this contract, it shall, in publicizing advertising, or describing the
sponsorship of the program use one of the approved legends, which must be used in conjunction
with the logo:
a.. Sponsored/Funded by Department of Children & Families, District 11, or a Department of
Children & Families Sponsored/Funded Agency;
b. Partially sponsored/funded by Department of Children & Families, District 11;
7of11
98- 899
-111.)17o
Subsidized Child Care Services
Dep- ' -nent of Children and Families
Fam.. Safety and Preservation
c. Operated under or sponsored/f ended by a grant from the Department of Children and
Families, District 11; and
d. Miami -Dade County Department of Human Services Division of Child Development
Services.
4. 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 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 all required personnel within 30 days
from execution of this contract or 30 days from date of employment and that a copy is retained in
their personnel file. The signed original must be sent to the contract manager which will be
retained in the contract file. A copy of the CF OPERATING PROCEDURE NO. 50-6 is
available upon request.
S. Year 2000 Compliance Warranty
The contractor warrants that each item of hardware, software and/or firmware, delivered,
developed or modified under this contract shall be able to accurately process date data (including,
but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth
.and twenty-first centuries, including leap year calculations, when used in accordance with the
item documentation provided by the contractor, provided that all items (e.g. hardware, software,
firmware) used in combination with other designated items properly exchange date data with it.
The duration of this warranty and the remedies available to the State for breach of this wananty
shall be as defined in, and subject to, the terms and limitations of any general warranty
provisions of this contract, provided that notwithstanding any provision to the contrary in such
warranty provision(s), or in the absence of any such warranty provision(s), the remedies available
to the State under this warranty shall include repair or replacement of any item whose
non-compliance is discovered and made lmown to the contractor in writing within ninety (90)
days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies
the State may otherwise have under this contract with respect to defects other than Year 2000
performance.
6. Year 2000 Compliance (Software)
The licensor represents and warrants that the software, which is licensed to licensee, hereunder is
designed to be used prior to, during, and after the calendar year 2000 AD and that the software
will be operated during each such time period without error relating to the, or the product of, date
data which represents or references different centuries or more than one century. Without
limiting the generality of the foregoing, licensor further represents and warrants (1) that the
software will not abnormally end or provide invalid or incorrect results as a result of date data,
specifically including date data which represents or references different centuries or more than
one century; (2) that the software has been designed to ensure year 2000 compatibility, including,
but not limited to, date data century recognition, calculations which accommodate same century
and multi -century formulas and date values, and date data interface values that reflect the
8of11
98- 899
�i i..)i>o bUOsldiZed Utuld Care Services
• Depart- -nt of Children and Families
Family Aety and Preservation
century; (3) that the software includes "year 2000 capabilities" which means the software (a) will
manage and manipulate data involving dates, including single century formulas and
multi -century formulas, and will not cause an abnormally ending scenario within the application
or generate incorrect values or invalid results involving such date; and (b) provides that all
date -related user interface functionalities and date fields include the indication of century; and (c)
provides. that all date -related data interface functionalities include the indication of century.
7. Year 2000 Remedy Clause
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.
S. Emergency Plan
The provider shall be responsible for the care, maintenance and, if necessary, the relocation of
clients during any natural disaster 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.
9. 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 thq 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 offices
c. 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).
10. 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.
9of11
98- 899
O LAVO1uu-Gu `.Iuiu %_4LC OCIVI S
Depar nent of Children and Families
Fam. afety and Preservation
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.
e. As authorized by the legislature, the County is authorized to pay up to 20% 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
Certificate/Voucher providers. The differential rate cannot exceed the district's base rate plus
20%.
11. Certificate/Vouchered Care
a. At any time funds are available for subcontracted or directly operated care, the County shall
also make a certificate/voucher available to all parents except protective services clients.
b. Should a parent prefer a non -subcontracted provider whose private pay rate (rate paid by the
general public) exceeds the amount reimbursable under the Department of Children and
Families district rate schedule, the parent will be responsible for the difference between the
provider's private pay rate and the County's subsidy rate. These payments are arranged
between the parent and the caregiver and are not administered by the County agency.
12. Guaranteed Slots for Infants and Toddlers
a. For infants (0-12 months old) and toddlers (12-24 months old), the County may guarantee a
specific number of slots for directly operated centers, subcontracted canters. and homes where
there is a documented sl►ortage of slots for these age groups. Guaranteed 'slots must be
negotiated in order to encourage centers and homes to develop and maintain slots for these
age groups.
b. By guarantee, it is meant that the County would reimburse a center (directly operated or
subcontracted) or home for the agreed number of slots set aside for infants and toddlers even
though these slots may not be.filled during the entire reimbursement period. the number of
slots guaranteed must closely match prior utilization, wait list or other documentation of
unmet need.
10 of 11
98- 899
Department of Children and Families
Family °ety and Preservation
c. It is the responsibility of the County to closely monitor enrollment in all guaranteed slots and
to fill them as quickly as possible whenever a vacancy occurs. Slots should continue to be
filled by priority/eligibility categories and must never violate parental choice. It is also the
responsibility of the County to renegotiate the service agreement if slots are vacant for an
inordinate amount of time.
d. For children 2 years old and over, a guarantee of slots may not be negotiated or set aside in
directly operated centers or contracted centers or homes.
s
0
0
11 of 11
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=14
ro : Honorable Mayor and Members DATE : SEP 2 1 (�ci �
of the City Commission
SUBJECT: Resolution Accepting a
Grant for Day Care
Services
FROM: REFERENCES:
�onald H. Warshaw
City Manager ENCLOSURES:
RECOMMENDATION:
FILE:
It is respectfully recommended that the City Commission adopt the attached Resolution
accepting a grant in the total estimated amount of $86,305 from the U.S. Department of
Health and Human Services (under Title XX of the Social Services Act) through Miami -
Dade County for the provision day care services to low-income families within 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 the
City's General Fund, from participant child fees, from the United States Department of
Agriculture, and from the US Department of Health and Human Services Title XX of the
Social Services Act. The Title XX funding for 1998-1999 amounts to approximately
$86,305 and is channeled through Miami -Dade County to the City on a reimbursement basis.
This is the 19th year that the City will receive such funds, and no cash match is required.
By means of this grant, the federal agency 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 (60) children, thirty-four (34) preschoolers, ten (10) toddlers and
sixteen (16) infants. 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 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.
The term of the grant is from July 1, 1998 to June 30, 1999. Attached to this Resolution is a
copy of the grant agreement enabling the City to participate in this program and to receive
grant funds.
DHW ms
A
c: Alberto Ruder, Director, Department of Parks and Recreation
98- 899