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HomeMy WebLinkAboutR-90-050412 0-597 b�21/$0 RESOLUTION NO, 9 0 - 504 A RESOLUTION&* WITH ATTACHMINT, RATIVYING, APPROVING AND CONFIRMING Tilt CITY MANAGER'S ACCEPTANCE OF A GRANT IN THE AMOUNT OF $62 400 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH METROPOLITAN DADS COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE PROGRAM. WHEREAS, the United States Department of Health and Human Services provides states with funds to offer child day care services to assist parents from low-income families to obtain, retain, or acquire training which will lead to employments and WHEREAS, the State of Florida has contracted with Metropolitan Dade County to provide child day care services in Dade County to these low-income families; and WHEREAS, Metropolitan Dade County wishes to subcontract with the City of Miami to provide child day care services to eligible low-income families and the City of Miami wishes to provide such services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager's acceptance of a grant from Metropolitan Dade County in the amount of $62,000 to provide child day care services to children from low-income families is hereby ratified, approved and confirmed. Section 2. The City Manager is hereby authorized to execute the necessary agreementlj, in substantially the attached form, to = implement said program. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including bu not limited to those prescribed by applicable City Charter and Code provisions. 4 � ASSSD !►Sid M)OpTat) this day 5 .. A'iTS8' Natty ra Cc Cleric BUDGETARY REVIEW AND APPROVAL: ano ar urI rector Department of Budget PREPARED AND APPROVED BY: A. QuInn es. II Deputy C Attorney APPROVED AS TO FORM AND CORRECTNESS% f 4J00=v. na es, Cit Attar y ., 2 ,. MAYOR z a . A }, MET90—DAbE COUNTY . DEPARTMENT Or HUMAN -RESOURCES s btV151ON OF CHILD DEVELOPMENT SERVICES (TITLE-V TARGET ASSISTANCE PROGRAM) 3 Y. f THIS CONTRACT is entered into between the Metropolitan Lade County Board of County Commissioners, hereinafter referred to as the "department'o and CITY OP MIAMI hereinafter = referred to as the "provider". The parties agree: - I. The Provider Agrees: A. To provide services according to the conditions specified Attachment 1. -j B. Federal Laws and Regulations A1. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and other b applicable regulations if specified in Attachment 1. 2. If this contract contains federal funds and is over $100,000 q the provider shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act - as amended (42 USC 1857 et seq.) and the water Pollution Control Act as amended (33 USG 1368 et seq.). C. Audits and Records 1. To maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the department under this contract. a 2. To assure that these records shall be subject at all times to inspection, review, or audit by state personnel duly —� authorized by the department, as well as by federal -' personnel. 3. To maintain and file with the department such progress, fiscal, inventory and other reports as the department may require within the period of this contract. -f 4. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 74. © 90- 504 i z4 To provide a financial and compliance department as hpecified to Attachment 1. D. retention Records audit to the ': 1' To retain all financial records, supporting documents# statistical records, and any other documents pertinent bo this contract for a period of five (5) years after germination of this contract, or if an audit has btaen initiated and audit findings have not been resolved at the fi end of the: five (5) years, the records shall be retained 3 until resolution of the audit findings. Persons duly authorized by the department, and federal auditors, pursuant to 45 CPR, part 74.24 (a), (b), shall,' have full access to, and the right to examine any of said records and documents during said retention period. E. Monitoring 2. 3 y 3. To provide progress reports, including data reporting requirements as specified in Attachment I. These reports will be used for monitoring progress or performance of the contractual services as specified in Attachment 2. To provide access to, or to furnish whatever information is necessary to effect this monitoring. To permit the department to monitor the aforementioned service program operated by the provider or subcontract or assignee according to applicable regulations of the state and federal governments. said monitoring will include access to all client records. F. Indemnification The provider shall act as an independent contractor and not as an employee of. the County in operating the aforementioned. services. The provider shall indemnify and save the County and its last, present and future officials, employees and agents harmless form any and all claims, liability, losses of caused` of action which may arise out of this agreement. The provider directly or through its insurance carrier shall pay all claims`` and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the Countywhen applicable, and shall pay all costs and judgement which may a issue thereon. G. Insurance The responsibility of providing adequate liability insurance coverage on a comprehensive basis shall be that of the provider and shall be provided at all times during the existence of this contract. Upon the execution of this contract, the provider -2- 90- 504 I. PA 2 shall furnishthe department with written existence of such insurance coverage. Safeguatdibg Information verification of the The provider shall not use or disclose any information concerning a recipient of services under this contract lot any purpose not in conformity with the state regulations and federal regulations (45 CFR, part 205.50), except upon written consent of the recipient, or his responsible parent or guardian. when authorized by law. Client Information The provider shall submit. to the department, management and program data, including client identifiable data, as specified by the department in Attachment 2 for inclusion in the 14RS Client Information System. J. Assignments and Subcontracts The provider shall neither assign the responsibility of this contract to anothet party nor subcontract for any of the work '. contemplated under this contract without prior written approval of the department. No such approval by the department of -any assignment or subcontract shall be deemed in any event or in any manner to provide for he incurrence of any obligation of the department in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts shall be subject to the conditions of this contract (except Section I, Paragraph O) and to any conditions of approval that the department shall deem necessary. K. Financial Reports To provide financial reports to the department as specified in Attachment I. L. Return of Funds The provider agrees to return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. Such funds shall be considered department funds and shall be refunded to the department. The refund shall be due within 30 days following the end of the contract or at the time the overpayment is discovered unless otherwise authorized by the department in writing and attached to this contract. -3- 90- 504 W Unusual Incident Reporting If services to clients will be provided under this contract, the provider and any subcontractors shall report to the depattment unusual incidents in a manner prescribed in HRER n�10-1. N. Transportation Disadvantage If clients will be transported under this contract, the provider will subcontract with the designated Community Coordinated Transportation PLovider, or otherwise comply with the provisions of Chapter 427, Florida Statutes. The provider shall submit to the department the reports required pursuant to Volume 10, NRS Ac-iunting Procedures Manual. O. Purchasing It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in Section 946.15 (2), (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with PRIDE. This clause is not applicable to any subcontractors, and unless otherwise required by law. P. Civil Rights Certification The provider gives this assurance in consideration of and for the purpose of obtaining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other Federal financial assistance to programs or activities receiving or benefiting from Federal financial assistance. The provider assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.G. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from Federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 3. Title IX of the Education Amendments of 1972 as amended 20 U.S.C. 1681 et esq., which prohibits discrimination on the -4- 90- 504 basis of sex in education programs and activities receiving or benefiting from Federal financial assistance. 4. The Age Discrimination Act of 1975, as amnded, 42 U.S.C. - 1681 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from Federal financial assistance. S. The omnibus budget reconciliation Act of 1981, P.L. 97-150 j which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from Federal financial assistance. 6. All regulations, guidelines, and standards lawfully adopted under the above statues The provider agrees that compliance with this assurance constitutes 'a condition of continued receipt of or benefit from Federal financial assistance, and that it is binding upon the provider, its successors, transferees, and assignees for the period during which such assistance is provided. The provider further assures that all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statues, regulations, guidelines, and standards. In the event of failure to comply, the provider understands that the Grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. II. 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 performance and obligation to pay under this contract is contingent- upon an annual appropriation by. the Legislature. B. Contract Payment Pursuant to section 215.422 F.S., on receipt of an invoice and receipt, inspection, and approval of the goods or services, the department shall file the invoice with the Comptroller within-- 15 days. If the payment of the invoice is not mailed by the department to the vendor within 45 days after receipt of the invoice and receipt, inspection,and approval of the goods and services, the department will pay the vendor, in addition to the amount of the invoice, interest at a rate of 1 percent per -5- 90- 504 r N , f a F A iZ month or portion thereof can the unpaid balance from the expiration of aeoh 45 day poriod until such time as the warrant is ma iedl'to the vendor. Exceptional circumstances as defined in section 21S A22 (2), C,S., may permit deadline for payment to be reviseli III. The Provider and Department Mutually Agree: A. Effective bate 1. The contract shall begin on July 1, 1990. 2. This contract shall end on June 30, 1991. B. Termination 1. This contract may be terminated by either party upon on less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the department may terminate the contract upon no less then twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proofof delivery. The department shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the department in writing, the department may, by written notice to the provider, terminate this contract upon no less them twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the department may employ the default provision in Chapter 13A-1, Florida Administrative Code. waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed. to be a modification of the terms of this contract. The provisions herein do not limit the department's right to remedies at law or to damages. Ci Notice rind Contact The contract manager for the department for this contract is 94 40Y!C* _ _MgCalla, Ph.D. The representative of the Provider responsible for administration of the program -under this contract is Carmen T. Evans _ In the event that diff rent representatives are designated by either patty after execution of Lhis contract, notice of the name and addrO±ss of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract, D, Renegotiation or Modification 1. Modifications of provisions of this contract shall only be valid when they have: been reduced to writing and duly signed. The parties agree to renegotiate this contract if federal and/or state revisions of any applicable laws, or regulations make changes in this contract necessary. 2. If this contract contains a faxed -price method payment section, and the rate of payment is determined through the appropriations process, then this contract may be amended to reflect the new rate established through the appropriations process retroactive to the effective date of this contract. 3. If the contract contains either a cost reimbursement or a fixed -price method of payment, the rate of payment and the total dollar amount may be adjusted prospectively to reflect price -level increase determined through the appropriations process and subsequently identified in the department's operating budget. E. Name and Address of Payee The name and address of the official payee to whom the payment shall be made: City of Miami 2600 S. Bayshore Drive, PO Box 330708 Miami,FL 33233-0708 -7_ 90 CJQ �; i3 1 aYt }{l z' ,. V, All TntMs and Conditions Include This contract and its attachments as referenced,(AA TACHKC1 1 t) ► contain all the terms and conditions a�: upon,by the parties. IN WI'TNgss THEREOF, the parties hereto have caused this 8 page contract r: to be executed by their undersigned officials as duly authorized. PROVIDER: CITY OF MIAMI METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS w, SIGNED BY: SIGNED BY: NAME: Cesar H. odio NAME: Joaquin G. Avino,P.E.,P.L.S. TITLE: City Manager TITLE: County Manager DATE: DATE: FEDERAL ID NUMBER: (Or SS Number of an Individual) 59-6000375 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ATTEST: MATTY HIRAI CITY CLERK TAR= ASS I STA14C E PROOM04 ATTAdW4tNT 1 TITLE - J A, services to be Provided The estimated number of units and the types of services 40 be provided are shown on the attached Child Care Provider List } .t (Attachment 2). B. Magner of Service provision i. To provide child day care services in the county(ies) of 'Dade, Plori.da for ch;:ldren of families who meet the eligibility and enrollment requirements of the department. ;Ja 2. Services will be provided in centers or homes which are either directly operated or subcontracted as indicated on the Provider List. C. Method of Payment 1. The total cost for services, is to be paid in accordance with the rates shown on Attachment 2. 2. The department shall pay the provider on the basis of monthly invoices submitted to the department no later than 30 days following the cnd of the report period. 3. The final invoice must be received by the department no later than forty-five (45) days after the contract ends or is terminated. If the final invoice is not received within the forty-five day period, the provider's right to reimbursement is -•forfeited, and the department may not honor any request submitted after the aforesaid agreed upon period. Any payment due under the terms of '..:pis contract may be withheld _f until all evaluations and financial reports due from the, provider and necessary adjustments thereto have been approved by the department. D. Special Provisions 1. The provider shall conform to Chapter lOM-11, F°.A.C, "Purchase of Child Day Care Services" and to those requirements of the department as specified in the latest edition of the Child Day Care Manual, HRSM 175-14. 2. The department shall furnish consultation to the provider in the areas of fiscal management and the department's required standards for program quality. 90- 504 _t w Z 1. The actual number of eligible children served in each category may be shifted from category to category provided that the provider meets all licensing standards and regulations as specified in iOM-11, P.A.C., as to total number of children allowable in each category in the particular center. 4. Client eligibility shall be determined by the department in the manner defined in HRS Manual 195-1, "Title-XX Eligibility oetermination." If the department determines client eligibility, said determinations shall be furnished to the provider. If the provider determines client eligibility, the provider shall furnish, upon request, such information as may be required to verify that client eligibility was determined in accordance with the department requirements. 5. The provider shall utilize a system through which clients may present a request for a fair Nearing. The preliminary procedural requirements for the fair hearing system must be compatible with the department's fair hearing system, outlined in HR5 Manual 195-1. The provider shall notify applicants or recipients of their right to a fair hearing due to ineligibility for services or termination, suspension, or reduction in services. The department shall make arrangements to provide such a hearing through its fair hearing process. 6. No fees shall be imposed other than those set by the department and described in the current State of Florida Title-XX Pre -Expenditure Report. Fees collected in compliance with the aforementioned report will be disposed in a manner prescribed by the department. 7. The provider shall adhere to the department's current policy for reporting unusual incidents for all centers and homes shdw�n on the Provider List. 8'. The provider agrees to comply with the following laws and regulations, and any additions, amendments or changes made to them during the contract period: 45 CFR Parts 400 and 401 Public Law 95-212 Public Law 96-422 Public Law 97-363 ORR-AT-79-33 ORR-AT-80-1 ORR-AT-80-6 _2- 90- 504 Florida Refugee State Plan S Policies, Rulings and opinions All notices, informational pamphlets, press releases, researdh reports and similar public notices, prepared and released by the Provider shall include the statement: "This project is funded in part under an agreement with the State of Florida, Department of Health and Rehabilitative Services." Lo. rhe provider agrees to comply with all rules and regulations as stated in S8489. if the finger print card is returned with a criminal history record and/or if the reference check reveals past work -related offenses, the district shall determine if the findings have a detrimental effect upon the individual(s) current work assignment. if findings are determined to be detrimental, the individual(s) could either be dismissed or relocated. The district contract manager will be responsible for ensuring that the fingerprints and reference check are obtained and the material is maintained in the contract file within thirty (30) days of the date on which the contract is executed. -3- 90- 504 I I I,I I IIII I rRuvtfrER LIST r'• r• t r.� f Ay«-nc:y AF:'C1tU-frAI)K COtiNTY BOARD OF cOHMISSIONRRS ' err rvirt t`vrrcKi July 1, lT30 ti) Jut1r 3Q_�1991 t•,•„v icier Name Type of Ad -Ire::` Contact Person/ Hours of Provider Telephone Number Operation "t i'Y OF 141AMI t•tl r Idr CARE PkOCk.t11 .'c.fifr S. F,.,y,t,,,r r)rivE t4i'101i, 1'.itr,r� Park DiI Care N.K. •fill j_t . t.,•r,M,ri �: � t y L►.rr r'rrr•ta to St . F1�+ut'c• Park Dily CarF U.W. ;uf t, St.. <:r:,F:�•Ir,n•! I°c,r fi I�reti�:hcx�i "I""3 N-W. .11' h Avc•. �;•.;:t Frw I'��r�: 't'r•e�,chrx,I S C;trmen T. Evans ':79-6912 751-0047 %51-5614 �• t•f• S61.ri .'64-0 341 ,i. ,I III II L�,�Yr� r,.riniii,1.a11111iupi.1611111Jl111111illllk,a11 II,I�II, ; 1,�.�..= 1 1 I �i �,. rR%Vs irk X+5¢L ` Afcft Curttract itanacer O: Jo ce Phone No. 375-467Q Dist ------.-.. '. I('i t3a�t:er aT,•'(i+ 9(1� Type of Est.. Est. Care of units of days •-. ` ` sates T�oat Inia,7c LDS 260 I•3E2 Tuddler VZ 260 Pre-sci,cx,? 36 76EI - 1Z.S0 j(�.5f Ai S 4 2O5'.. 5.70 (t 55. 8 - 50 (T.11. > (I.T.P-A. j ('I'. P ) t' . C7T ; f� ir,e1:•fit c• tylk. r•t l�t•„vi,ltJr• �t:z Cai,ow::: N r.•.,:=Neatwurk of I:ami Ey Daycare tic me:s (a I i::t of names �:t t ! y , 3F.r: t•d rent c r; :i Su1K:utrt ruCted Center; Et= 5 inglc� Farm 1 d attr:�da# es� mat: bey 3tt:a�a�ii . irr+i;r.:,.e by pLacing N F,j1lc)illnt3 the S and atta•Y ay care home_ 1f a sckK—. "tracted 4ftFttftif` O 1f�� •�;i•li.•r ' itc�rrttilttfE'c! irtdicatL I, .rrv! the dtlte vE [ermirrtrtic,n. dt ; ` 4 c.h ing a I ist �F names and add es�•.es cE ems. rrn� }yZ�, - - -r .. - j +, . � .. .. , . , , . _ . .. �r , _ .. , _ . . � , .. , .._.. ,. ,r ,T>�r . err, t'?`, A� o->� ,..>.>?r� rn>? . _.�a;:�'?r. The City of Miami is self -insured for general liability as tkffotded by FS 768.281 Waiver of Immunity Law, which limits the y liability of The City of Miami at $50,000 per claim and $100,000 per occurrence. The City of Miami cannot issue the County a certificate of insurance nor can the County be named as an additional insured. ItiritdM11I�1 CAT1>yli The Provider does hereby acknowledge and agree that any and all operation of the programs implemented by the City of Miami which utilizes the funds provided hereunder are the sole and complete responsibility of said provider and all persons hired by the City hereunder are the employees, agents or officers of said Provider and not that of the County. In this connection, the Provider acknowledges and agrees that it is solely liable and responsible for damages which might arise out of the acts or omissions of the Provider, its officers, employees, agents or persons under its direction and control, and to the extent that the County may be named in a suit which arises out of the acts or omissions of the Provider, its officers, employees, agents or persons under its direction and control, the Provider shall indemnify, defend and hold the County harmless; however, liability under this clause is governed by the limits and to the extent provided in Section 768.28, Florida Statutes, the partial waiver of sovereign immunity. 90- 504 kecousendat ion s it is.respectfully recommended that the City Commission adopt the attached resolution ratifying the action of the City Manager in accepting a grant award for the City Day Care Program in the amount of $62,000 from the U.S. Department of Health and Human Services (Title %XY through Metropolitan Dade County. Backgrounds The Department of Parks, and Recreation has prepared the attached legislation concerning the Day Care Title %% Grant. The'City of Miami Child Day. Care Program is - funded from the City'a General Fund, from participant child care fees, and from the United States Department of Agriculture, and Title x% of the Social Services Act. The Title g% funding for 1991 will be approximately $62,000, and is channeled through Metropolitan Dade County to the City. This is the loth year that the City Will receive such funds, and no cash match is required. The intent of this grant is to purchase slots in City Day Care Centers, which will be used to provide quality child care: services for low, income children age 6 weeks - 5 years, enabling their parents to work outside the home. Services will be - provided for fifty-seven (57) children: thirty-six (36) pre- sahoolers, sixteen ('16) toddlers and five (5) infants. Since the term of the grant runs . from Judy_ 1, 1990 to -.Tune 30, 1991, .the award has been accepted, subject to this -ratification by the Mayor and Commission. . .