HomeMy WebLinkAboutR-88-0778J-88-851 P
08/23/88
RESOLUTION NO. 88--77h
A RESOLUTION ALLOCATING $30,000 FROM THE
FY189 GENERAL OPERATING BUDGET IN SUPPORT
OF MIAMI JEWISH HOME AND HOSPITAL TO THE
AGED, INC., TO OPERATE THE DOUGLAS GARDENS
SENIOR ADULT DAY CARE PROGRAM AT LEGION
PARR; SAID SUM TO BE RESTORED TO THE
GENERAL FUNDS UPON RECEIPT OF INTEREST ON
EARNINGS FROM THE SUNSHINE STATE BOND POOL;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SAID AGENCY FOR
SAID PROJECT SUBSTANTIALLY IN THE ATTACHED
FORM.
WHEREAS, the City Commission passed Motion No. 88-440 at its
meeting of May 12, 1988 expressing its intent to allocate $30,000
to the Miami Jewish Home and Hospital for the Aged to operate the
Douglas Gardens Senior Adult Day Care Program at Legion Park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
SECTION 1. Funds in the amount of $30,000 are allocated
from FY189 General Operating Budget and said funds restored from
interest on earnings from the Sunshine State Bond Pool to the
Miami Jewish Home and Hospital for the Aged to operate the
Douglas Gardens Senior Adult Day Care Program at Legion Park.
SECTION 2. The City Manager is hereby authorized to execute
an agreement with the Miami Jewish Home and Hospital for the
Aged, Inc. to operate the Douglas Gardens Senior Adult Day Care
Program at Legion Park, substantially in the attached form,
subject to the conditions and limitations contained herein and in
the City Code.
PASSED AND ADOPTED this 8th day of September , 1988.
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T; XAVIER L. EZ, 111AMMAY R
/ CITY COMM-
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MEETING Of"
HIRAI, CITY CLERjF
BUDGETARY REVIEW:
R SURANA, DIRECTOR
PREPARED AND APPROVED BY:
ROBERT F.
CHIEF DEPUTY CITY ATTORNEY
SE 8 1986
FINANCE REVIEW: No 8&-W&
CARLDS GARCIAV DIRECTOR
APPROVED AS TO FORM AND
CORRECTNESS:
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MIAMI JENISH HOME AND HOSPITAL FOR THE AGED, INC.
Work Program Specifications
for the
Douglas Gardens City of Miami Senior Adult Day Center at
Legion Park
October 1, 1988 - September 30, 1989
RECOGNIZING THAT:
(i) The Agency as -a -whole and through its combined sources of
funding provides multiple, comprehensive and coordinated
geriatric programs for Dade County residents;
(ii) Among these are the Douglas Gardens Senior Adult Day
Centers; and
(ifi Funds are being provided by the City to support the
operation of the Douglas Gardens' City of Miami Senior
Adult Day Center at Legion Park,
The following work program specifications for the operation of
the aforementioned Center during FY 1988-89 are hereby outlined:
I. CENTER will provide senior adult day care services to a
minimum of 80 elderly City of Miami residents by the end of
the contract term:
A. All persons served (unduplicated) will also be elderly
persons, 60 years of age or. older. (computed as age at
intake).
B. A minimum of 248 "program days" (defined as operational
days during which clients attend the Center and receive
program services) will be provided by the end of the
contract term.
C. A minimum of 8,928 "client days" (computed as daily
client attendance per number of client days) will be
provided by the end of the contract term (i.e., average
of 2,232/quarter; 744/mo.).
D. A minimum of 56,544 "Service Units" will be provided by
the end of the contract term and at least 14,136 will be
provided each quarter (i.e., average of 4,712 /mo.). A
"service unit" is defined as one (1) unit of a
particular type of service which is provided by the
Center and is classified as one of the following:
Congregate Meal Unit - defined as the serving of one
(1)nutritionally-sound meal, which meets one-third or
more of the current daily recommended dietary allowance,
to an eligible person in a congregate setting (i.e.* at
the Center.).
CounselinsUUniitt - defined as a one -hour interactiV*
process wherein one client is provided direct guidance
and assistance in the utilization of needed health and
social services and help in coping with peraonal
problems through the establisbeent of a supportive
staff -client relationship. Counseling may be conducted
on a one-to-one or group basis.
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Education Unit - defined as a one -hour tine period
ur ng Mehone eligible client is provided with formal
training by an instructor which is designed to provide
opportunities directed toward personat enrichment or
nutritional health.
Recreation Unit - defined as the participation in or
attendance o one person (during a 24-hour period) at-
one or more planned events or other leisure time
activities of the program, such as games, sports,
theatres, field trips, etc.
Transportation Unit - defined as a one -way -person trip,
or the lck-up and drop-off of one client from one
locationfaddress to another. Transportation units will
be further categorized as follows (categorized according
to purpose of trip):
Medical Dental - doctor/dental/counseling
appointments, medical centers for treatment, physical
therapy, speech therapy, movement therapy, etc.
Government Services non -Rehabilitative - food stamp
offices, social security offices, etc.
Shopping - food, clothes, etc.
NOTE: where a staff escort accompanies the client and
prow des assistance in the selection and purchase of
items, no credit will be given as a unit of
transportation; rather, credit will be given and
documented as a unit of "shopping escort").
Recreation/Social - includes all trips to the Center
site, as well as to other activities, recreation or
meals centers, parks, theatres, civic meetings, field
trips, sport activities, etc.
Rehabilitation, non -Medical - rehabilitation treatment
and/or tra n ng centers, counseling services, etc.
Trips, Home - client residence
E. Days and hours of operation will be Monday through
Friday (excluding holidays), from 8:00 a.m. through 4:09
P.M.
F. Direct services to be provided to clients of the program
are as follows: (NOTE: It is recognized that most
program services are provided on an as -needed -or -desired
basis and as such, no quantitative service level
requirements have been not for each individual service
unit component with the exception of meals service):
I. SCREENING, ASSESSMENT AND INTAKE:
a. All applicants requesting programs services will
be individually screened for eligibility in
accordance with program requirements. In addition
to the age and residency criteria established in
Section 1(A) and (B), each prospective client will
be assessed for physical and psychological
conditions and/or level of functional impairment.
(i) An assessment instrument (see Attachment 8-E i
7), coupled with the referring agent/family
interview will be the primary mechanisms
utilized in determining eligibility.
(ii) Medical certification for each client I
required before determining eligibility.
I
b. Determination of client eligibility will require
that the clients
(i) Be a City of Miami. resident, 68 years of age
or older;
(ii) Be capable of benefiting from the Program
(from a preventative, treatment or maintenance
standpoint);
(Lit) Be communicative, e.g., has the ability to
relate to other individuals and participate in
inter -group activitiest
(iv) Needs on -going supervision in a protective
environments
(v) Not exhibit violent or psychotic behaviors and
(vi) Not be permanently incontinent.
c. Required application for service, assessment,
registration and intake evaluation forms will be
completed for each person accepted for service,
and said forms will be retained as part of the
client's permanent record (see attached forms).
(i) The intake evaluation made on each client -
will include a written service plan which
will, at the minimum, identify the following
informations
- Client's specific needsr
- The services and/or activities to be
provided to meet the client's specific
needsr and
- The frequency of participation needed by
the client and the days of the week during
which the client will be attending (ex.s 2
days; Monday and Thursday).
(ii) Clients will be re-evaluated every 90 days to
determine progress in the program, to modify
service plans (if needed), to describe the
support services needed by and/or secured for
the client, and/or to address other client
concerns. The "Progress Notes" form will be
utilized for this purpose (see attached).
a. Program will provide daily on -site luncheon meals
to Center clients. Meals will be provided Monday
through Friday, excluding holidays. Each meal
will meet one-third of the daily recosm►ended
dietary allowance.
b. Two daily snacks (morning and afternoon) will also
be provided.
e. Average daily luncheon meals service (computed
quarterly) will not be less than 36.
d. A minimum of 8,928 Congregate Meal Units will be
provided by the end of the contract term, end 4g
average of 2,232 will be provided each g4a►4F"r
(i.e., average of 744/month).
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3. ACTIVITIES AND SUPPORT SERVICES:
a. Counseling Services - will be provided to clients
on an as -needed -or -desired basis and will serve to
address, resolve and/or provide assistance in
coping with reality and/or adjustment problems.
In all cases, the client's problems) will be
stated in his/her case record, a corrective
action/service plan will be identified, and the
services rendered by staff to resolve the
problem(*) will be noted. Counseling may be
provided on an individual and/or group basis.
b. Education - will be provided as outlined in each
quarter's activities schedule. Most classes will
be conducted by an instructor supplied gratis by
Miami Dade Community College and/or other
educational institution and will include such
subjects as Reality Orientation, Drug Abuse,
Nutrition, Health, Cooking, Painting, Sewing,
Current Events, Music Appreciation, Drama, and
Human Relations.
(i) Program will submit its quarterly activities
schedule to the Monitoring Unit of the
Community Development Department (City) with
each quarterly activity report submission
(i.e., tenth working day of the following
quarter).
c. Recreational and Leisure Time Activities - will be
provided as outlined In each quarterly activities
schedule. Recreational and leisure time
activities will include, arts and crafts, dance,
therapy (music and movement), singing, games,
movies, discussion groups, book reviews, birthday
parties, exercise groups, field trips to local
places of interest, variety shows and plays.
d. Transportation - will be provided to clients on an
as -needed baa s between 8:00 a.m. and 4:00 p.m.,
Monday through Friday (excluding holidays).
(i) Each trip provided to Center, clients will be
documented (see attached transportation
service log) and will be classified into one
of the six (6) categories identified in I (F)
of this Section, entitled "Transportation
Unit".
H. The Project will now utilize 1.5 vehicles, identified as
follows:
70%
30%
DOT ID # - 89308 DOT ID # - 19901
Make and Model - 1983 Ford Make and Model - 1985
Minibus Ford Van
License Plate - DG4839 License Plate - 211EXB
Passenger. Capacity - 15 Passenger. Capacity - 15
Equipment - Wheelchair. lift- Equipment - done
gate and tie -downs
II. The Center's sliding fee schedule for 1988-89 is hereby
attached and wade a part of this Work Program.
III. CENTER will maintain complete, updated and accurate records
during the contract term to document services rendered to
clients. The following forms will be utilisedt
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A. Client Registration Card (individualized)
be Application for Service Form (individualized)
C. Initial Assessment/Treatment Forms (individualized)
D. Quarterly Progress Notes (individualized)
E. Monthly Summary of Client Services (individualised)
F. Weekly Attendance Record (aggregate use)
G. Daily Driver Tally Sheet (aggregate use)
H. Monthly Vehicle Log (aggregate use)
I. Monthly Summary of Client Services (aggregate use)
J. Monthly demographies (aggregate use)
IV. CENTER will complete a quarterly activity report (see attached
forms) and will submit it to the Monitoring Unit, C, unity
Development Department, City of Miami, by the tenth working
day of the following quarter. The quarterly report will
contain the following information:
A. Number of unduplicated persons served by the Center during
the quarter:
1. # of City of Miami residents
2. # of Males (White non -Latin, Black non -Latin, Latin,
Other)
3. # of Females (White non -Latin, Black non -Latin, Latin,
Other)
4. # of Elderly, 60+
5. #Female Head of Household
B. Quarterly activity participation levels broken down by type
of service.
C. Number of service units provided during the quarter, broken
down by category:
1. # Congregate Meal
2. # Counseling
3. # Education (Nutrition, Continuing)
4. # Recreation
5. # Transportation (Medical /Dentalt Government Services,
non-Rehabilitativet Shoppingi Recreation/Socials
Rehabilitation, non-medicalt Trips, Home)
D. Number of clients withdrawn/terminated during the quarter
E. Number of active clients at end of quarter.
F. Number of program days for quarter
G. Number of client days for. quarter.
H. Fees collected from clients during the quarter
4.
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v CWT
will maintain updated, eosipl•t• and
accurate
client
service records during the contract
term and
will retain them
in
one central place at the Agency's
service
offices,
located
at
6447 N.E. 7th street, Miami, Florida
33137.
Signed
and submitted (with attachments)
to the
City as
part of
the FY
1988-89 agreement on this
day of
,
LOSS.
._
wlfm th We -Ile
Program Director
Douglas Gardens Senior Adult
Day Care Center at Legion Park
Miami Jewish Hoare and Hospital
for. the Aged, Inc.
Douglas Gardens City of Miami
Senior Adult Day Center. at
Legion Park
Miami Jewish Hone and Hospital
for the Aged, Inc.
1S1 N.E. S2nd Street
NOTARY PUBLIC OVENTOW, Miami, Florida 33137
SEAL. AM STAMP
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CITY OF MIAMI
SOCIAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of , 19+1
between the City of Miami, a municipal corporation of the State of
Florida, (hereinafter referred to as the "CITY"), and Miami Jewish
Home and Hospital for the Aged, Inc., a Florida not for profit
corporation, (hereinafter referred to as the "GRANTEE").
FUNDING SOURCE%
TERM OF THE AGREEMENTS October 1, 1988 thru September 39, 1989
AMOUNT%
VENDOR NUMBER: 030059
TAX IDENTIFICATION NUMBER%
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I.
As a necessary part of this Agreement, the GRANTER shall provide
the CITY with the following:
1.1 Corporate Resolution authorizing execution of this Agreement.
1.2 Work Program (approved by the CITY).
1.3 Budget Summary, to include: completion of GRANTEE'S
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY)% budget for program -
generated income; copies of all sub -contracts and/or
management services agreements funded in whole or in part
under this agreement.
1.4 Copy of GRANTEE'S Articles of Incorporation, Charter and By-
laws.
1.5 List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telepbome
numbers).
1.6 Lust of Key Staff Persons, with their titles, wbo will carry-,
out this program.
1.7 Certificate of Insurance which reflects GMA =J 6 cnrrftt,
liability insurance, naming the CITY as lddi as" tA#m**4
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current Workers' Compensation insurances current. Fidelity
Bond (applicable for all persons who are authorised to
receive and disburse funds under this Agreement.)` and other
coverage as deemed necessary (i.e. automobile insurance).
1.8 Completion of Authorized Representative Statement (on form
supplied by the CITY).
1.9 Completion of Statement of Accounting System (on fors`
supplied by the CITY).
1.10 A letter from an independent Certified Public Accountant
which expresses the opinion that the GRANTEE's internal
controls are adequate to safeguard the organisation's assets.
1.11 Corporate Personnel Policies and Procedures.
1.12 Job Description and Resumes for all positions funded in whole
or in part under. this Agreement.
1.13 GRANTEE's Corporate Seal (to be affixed to Signatory Page,
and Corporate Resolution).
1.14 Final Expenditures Report (to be submitted to the CITY on an
approved form no later. than 30 days after the expiration of
this Agreement).
1.15 Certified Independent Audit (to be submitted to the CITY no
later than 120 days after the expiration of this Agreement).
ARTICLE II.
2.1 TIME OF PERFORMANCE
The term of this Agreement shall be from October 1, 1988
through September. 30, 1989.
2.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Community Development (hereinafter. the
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
2.3 OBLIGATION OF GRANTEi
The GRANTEE shall carry out the servioes as prescribed . in ; $%*
.Work - Program (Attachment I), `Which is attached and
i,noorporated heroin and made a part of this AQrepwmk, A#,,*
lawfult and proper manner, sati&faotary, k0
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accordance with the written policies, procedures, and
requirements as prescribed in this Agreement, as set forth by
the United States Secretary of Treasury and the City of Miami
Department of Condnunity Development.
2.4 BUDGET SUMMARY AND LINE ITEM BUDGET JUSTIFICATION
GRANTEE shall comply with its Program/Line-Item
Budget/Expenditure Justification (Attachment II) which is
attached and incorporated herein and made a part of this
Agreement.
2.5 RETENTION OF RECORDS
GRANTEE shall retain all financial records, supporting
documents, statistical records, and all other records
pertinent to this Agreement for a period of three years. The
retention period starts from the date of the submission of
the final expenditure report. Records for non -expendable
property acquired with funds under the Agreement shall be
retained for a period of three years after its final
disposition. All records retained pursuant to this section
shall be retained beyond the three-year period if audit
findings have not been resolved.
2.6 BONDING AND INSURANCE
GRANTEE shall maintain insurance and bonding coverages
acceptable to the CITY's Division of Risk Management. Prior
to comencing any activity under this Agreement, the GRANTEE
shall furnish to the CITY certificates of insurance and
bonding indicating that the GRANTEE is in compliance with the
provisions of this article.
GRANTEE shall provide the following coverages:
A) Insurance coverage that reflects sound business practices
acceptable to
the
CITY's Division
of Risk Management.
O) Fidelity bonding
for all persons
handling funds received
or disbursed
under. this Agreement
in an amount
equal to or
greater than
the
maximum amount
of cash held
at any our
Compliance with
the
foregoing requirMents shall
Kot V*11+I O
the GRJtlRiE of
its
liability and
oblioatiaa
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section or under any other section of this Agreement_.
2.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the Department of Community Development is
to be notified in writing immediately, giving all pertinent
details and indicating when service shall begin and/or
continue. It. is understood and agreed that the level of
services, activities, and expenditures by the GRANTER, in
existence prior to the initiation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, or result in
the substitution of funds allocated under this Agreement for
other funds in connection with work which would have been
performed in the absence of this Agreement.
2.8 PURCHASING AND INVENTORY
GRANTEE shall use its best efforts to obtain all supplies and
equipment for use under this Agreement at the lowest
practical costs and shall solicit three bids for the purchase
of capital equipment. The three bids shall accompany all
requests for payment. All non -expendable property acquired
for the program with CITY funds shall revert to the CITY at
the end of CITY's funding of the Program (non -expendable
property being properties which shall not be consumed or lose
Identity). GRANTEE shall be responsible to CITY for any
damage or destruction to said property and shall reimburse
CITY for such damage or destruction. GRANTEE shall establish
and maintain a property control system and shall be
responsible for maintaining a current inventory on all
capital items purchased with CITY funds. All capital
expenditures over. $50.00 must be approved by CITY prior to
purchase. All items purchased remain the property of CITY
and are to be inventoried as such, which shall include a
property record listing the descriptloq, moftle aerAal
number., date of acquisition, and cost. Such ,property *M11
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be inventoried semi-annually, and an inventory report
submitted to CITY. GRANTEE shall permit CITY staff access to
the premises where property is kept for the purpose of
performing inventory monitoring functions. GRANTEE shall not
dispose of real or personal property purchased with CITY
funds through sale, loan, or relocation without receiving
prior written approval of the City Manager.
2.9 MINORITY PROCUREMENT COMPLIANCE CLAUSE
GRANTEE acknowledges that it has been furnished a copy of
Ordinance No. 10062, the Minority Procurement Ordinance of
the City of Miami, and shall comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
2.10 DISCLOSURE OF FUNDS
GRANTEE shall disclose all sources (public or private) and
amounts of funds reflecting the total budget whether they be
real or in -kind at the commencement of the Agreement period,
as well as any changes in the amount of funds through program
income or the sources received during the term of this
Agreement, within 30 days of such change. Examples of in -
kind funds include free rent_, labor, and office equipment.
2.11 FINAL EXPENDITURE REPORT
A final expenditure report shall be submitted to the CITY
within 30 days after the expiration of this Agreement. This
report shall reflect actual expenditures, by line -items,
versus budgeted expenditures. All persons employed and paid
pursuant to this Agreement_ are to be listed by name, title,
Social Security number, date hired or terminated, ethnic
background, and total salary reflecting both CITY and other
funding sources.
2.12 REPORTS AND EVALUATIONS
GRANTEE shall transmit to CITY, in writing, in a foraat
acceptable to CITY, quarterly reports regarding current
.activity and the progress of the GRAI X,g aotivitian.
GRA11TEE shall submit to CITY such additional reports as Nor
be requested.
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GRANTEE shall prepare, in writing, i.n a format acceptable to
CITY, any reports or documentation that may be required by
Federal, State or Local. Directives.
At the request of CITY, GRANTEE shall transmit to CITY
written statements of GRANTEE's official policy on specified
issues relating to GRANTEE's activities.
CITY may carry out monitoring and evaluation activities,
including visits and observations by CITY staffs GRANTEE
shall ensure the cooperation of its employees and Board
members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the CITY on a
quarterly basis or obtained through monitoring and evaluation
by the CITY, shall constitute good cause for the CITY to
terminate this Agreement at any time thereafter.
2.13 AUDITS
This provision is applicable only for grantees receiving an
allocation of $75,000 or more of Community Development Block
Grant Funds or $25,000 or more of other CITY funds. The
GRANTEE agrees to budget sufficient funds allocated under.
this Agreement to secure an independent audit from a
certified public accountant which must include the expression
of an opinion on the financial statements, and a compliance
letter which tests whether the GRANTEE is in conformity with
Cr! anunity Development Block Grant or other applicable
regulations. Said audit shall be submitted to the City's
Department of Community Development no later than 120 days
after the expiration of this Agreement.
2.14 CPA LETTER
GRANTEE shall submit to the CITY at the commencement of the
Agreement a letter from an independent Certified Public
Accountant (CPA) which expresses the opinion that the
GRANTEE's accounting system has adequate internal controls to
safeguard the assets of the organization. Expenses incurred
_to secure the CPA letter may be covered by the CITY grant Gad
must be included in the expenditure justification for* of tbr'
budget summary.
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ARTICLE III.
3.1 COMPENSATION
A. CITY shall pay GRANTER, as maximum compensation for the
services required pursuant to Article II hereof, $
B. CITY shall have the right to review and audit the time
records and related records of GRANTEE pertaining to any
payments by CITY.
3.2 METHOD OF PAYMENT
A. Upon execution of this Agreement and with a written
request from GRANTEE, CITY may advance 1/6th of the
appropriated funds to GRANTEE. The advance shall be
justified as followss one-half (1/2) in nine (9) equal
monthly installments commencing in the third month of this
Agreement and continuing through the eleventh month of
this Agreements one-half (1/2) in the twelfth and final
month of this Agreement. This method of justifying the
advance may be amended by the DEPARTMENT. Funds shall not
be advanced by the CITY if the GRANTEE is in default under
this Agreement.
B. All payments shall be reimbursements for expenditures
incurred only during the term of this Agreement, and in
compliance with the previously approved Line -Item Budget.
Such written request shall contain a statement declaring
and affirming that all expenditures were made in
accordance with the approved budget. All documentation in
support. of such request shall be subject to approval by
CITY at the time the request is made and all invoices are
required to be paid by GRANTEE prior to submission. All
reimbursements must be in1i -e-itsm form and be in accord
with this Agreement. All expenditures must be verified by
original invoice with a copy of the check which was us"
to pay that specific invoice. Within 6! dare of
submitting reimbursement request, copies of the oaaoel
a '
- checks shall be submitted. In the event Chit an `Inv*
is paid by various funding sourcess a copy of ''
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may be submitted but. must indicate the exact amount paid
by various funding sources equaling the total of the
invoice. No miscellaneous categories shall be accepted as
a line item in the budget. Request for line -item ehAnges
are allowable, with prior review and approval by the CITY.
All line -item changes must be made prior to the end of the
term of the agreement.
C. Requests for payment should be made at least on a monthly
basis. Reimbursement requests should be submitted to the
CITY within thirty (39) calendar days after the
indebtedness has been incurred. Failure to comply may
result in the rejection for repayment of those invoices
within the reimbursement package which do not meet this
requirement.
D. GRANTEE must submit the final request for payment to the
CITY within 38 calendar days following the expiration date
or termination date of this Agreement. If the GRANTSE
fails to comply, all rights to payment are forfeited and
the CITY shall not honor any request submitted after the
aforesaid agreed upon period.
E. Any payment due under this Agreement may be withheld
pending the receipt and approval by the CITY of all
reports due from the GRANTEE as a part of this contract
and any modifications thereto.
3.3 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of GRAMS at
any time during the performance of this Agreement and for a
period of three years after final payment is made under this
Agreement. GRANTEE agrees to provide all financial and other
applicable
records and
documentation of services
to CITY.
Any payment
theretofore
made shall be subject to
reductioa
for amounts
included in
the related invoice which
are :ow 4
by CITY, on the basis of such audit, not to voaetit"s
-allowable expenditures. Any payments made to GRA MXX are
subject to reduction for overpayments on provAously e4gai&W
a .
6;
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3.4 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
GRANTEE shall fail (i) to comply with the terns of this
Agreement or (if) to accept conditions imposed by CITY at the
direction of the federal, state and local agencies.
3.5 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in
regulations.
3.6 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS
To be eligible for reimbursement for personnel costs, GRANTEE
shall submit to CITY for prior written approval, in
accordance with U.S. Department of Labor guidelines, a
detailed statement of the personnel policies of GRANTEE.
These personnel policies are to include, but are not limited
to, pay schedules, fringe benefits, resumes from staff,
method used to compute vacations and ill time, working hours,
I
office procedures, paid holidays, computation of wages, job
descriptions to include qualifications for job, an
affirmative action plan, an equal employment opportunity
statement, disciplinary procedures and methods, and format
for and frequency of employee evaluations. The CITY shall
not reimburse GRANTEE for family health care insurance F
premiums, nor shall the CITY reimburse GRANTEE for employee
retirement_ benefits.
ARTICLE IV.
4.1 PROJECT PUBLICITY
GRANTEE shall abide by affirmative action regulations in
informing residents of the geographical area to be served
hereunder and of the services to be offered by utilising any
available means for advertisement, as necessary for
-recruitment and outreach. r
All literature, advertising# publicity or V,mcticn W"a"A"
GRANT='* activities will be submitted to CITY for re LOW MA
b
# - r
approval prior to release or distribution. No press
conference shall be scheduled without written notice to CITY.
4.2 NONDISCRIMINATION
GRANTEE agrees that. it shalt not discriminate as to race,
sex, color, creed, national origin or physical handicap in
connection with its performance under this Agreement.
4.3 CONFLICT OF INTEREST
GRANTEE covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, with CITY except as permitted
pursuant to this Agreement. GRANTEE further covenants that,
in the performance of this Agreement, no person having a
conflicting interest shall be employed. Any such interests
on the part of GRANTEE or its employees, must be disclosed in
writing to CITY.
GRANTEE is aware of the conflict of interest laws of the City
of Miami (City of Miami Code Chapter 2, Article V), Dade
County Florida (Dade County Code Section 22-11.1) and the
{
State of Florida, and agrees that it shall fully comply in
all respects with the terms of said laws.
4.4 INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes
of action which may arise out of GRANTEE's activities under
this Agreement, including all other acts or omissions to act
on the part of GRANTEE, including any person acting for or. on
`4
its behalfs from and against any relevant orders, judgments,
a
:i
or decrees which may be entered against the CITY1 and from
!
and against all costs, attorney's fees, expenses, and
liabilities incurred by the CITY in the defense of any such
i
claims or in the investigation thereof.
4.5 COM MIANCE WITH FEDERAL, STATE, AMD LOCAL, LAWS
}
-Both ' panties shall comply with all applicable lam,`
ordinances, and codes of federal, state and loft
governments.
-laK.
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4.6 AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
4.7 SUBCONTRACTS
GRANTEE agrees to give advance written notification to the
CITY of any subcontract. None of the services covered by
this Agreement shall be subcontracted without the prior
writ.ten approval of CITY. Any work or services sub-
contracted hereunder shall be subject to the terms and
conditions of this Agreement. Proper documentation in
accordance with the DEPARTMENT and CITY guidelines and
directives must be submitted to and approved by the
DEPARTMENT prior to the execution of any subcontract. The
advance notification process shall include the following:
A. Identification of the subcontractor and services to be
provided.
B. The proposed subcontract, together with a complete and
accurate breakdown of the price on a component -by -
component basis, and all bid documents.
C. Identification of the type of subcontract to be used.
D. Summary of actions taken to select the subcontract -or..
Nothing contained herein shall create any contractual
relationship between CITY and any subcontractor working
for. GRANTEE.
4.8 OWNERSHIP OF DOCUMENTS
All documents developed by GRANTEE under. this Agreement shall
be delivered to CITY by said GRANTEE upon completion of the
services required pursuant to this Agreement and shall become
the property of CITY, without restriction or limitation on
its use. GRANTEE agrees that all documents maintained and
generated pursuant to this contractual relationship between
CITY and GRANTEE shall be subject to all provisions of the
Public Records Law, Chapter 119, Florida Btatut".
.It is, fur. them under. stood by and between the parties that ,
3
documents or thing which is given by CITY to GWM M pdreueft,
to this Agreement shall at all time swain t3N
11
1
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0
CITY and shall not be used by GRANTEE for any other purposes
whatsoever without the written consent of CITY.
4.9 AWARD OF AGREEMENT
GRANTEE warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed
to pay any person employed by the CITY any fee, commission
percentage, brokerage fee, or gift_ of any kind contingent
upon or resulting from the award of this Agreement.
4.10 NON-DELEGABILITY
The obligations undertaken by the GRANTEE pursuant to this
Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to
the performance or assignment of such services or any part
thereof by another person or firm.
4.11 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
4.12 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, GRANTEE agrees
and understands that CITY has no obligation to renew this
Agreement.
4.13 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to GRANTEE, who shall be paid for those services
performed prior to the date of its receipt of the notice of
termination. In no case, however, shall CITY pay GRANTEE an
amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between CITY and GRANTEE that
any payment wade in accordance with this 8ectioa to GRAWM
_shall• be math only if said GRANTEE is not in default un"r
the terms of this Agreement. If GRANT!2 is in default, thm
CITY shall in no way be obligated and Mail not pay to
-lZ-
1.
OPARTEE any sum whatsoever.
4.14 GRNtRAL CONDITIONS
A. All notices or other communications which *hail or may be
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered
trail addressed to the other party at the address indicated
herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which
personally servedi or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
3590 Pan American Drive
Miami, Florida 33133
GRANTEE
Miami Jewish Hose and Hos-
pital for the Aged, Inc.
151 U.E. 52 Street
Miami, Florida 33137
B. Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of
Florida or the City of Miami, such provisions, paragraph@,
sentences, words or phrases shall be deemed modified to.
the extent necessary in order to conform with such low*„
or if not modifiable to conform with such laws, thM sane
shall be deemed severable, and in either evegt,
remaining terms and provisions of this Agreegut *ball
remain unmodified and in full force and effect,
13 -
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4.15 INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall be deemed to be
independent contractors and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY or any rights generally
afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of CITY.
4.16 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
4.17 DEFAULT PROVISIONS
In the event that GRANTEE shall fail to comply with each and
every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein,
then CITY, at its sole option, upon written notice to
GRANTEE, may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to GRANTEE by
CITY while GRANTEE was in default of the provisions herein
contained shall be forthwith returned to CITY.
ARTICLE V.
GRANTEE CERTIFICATIONS
5.1 GRANTEE certifies that:
A. It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar
action that has been duly adopted or passed as an official
act of GRANTEE's governing body, authorising the execution
of the Agreement, including all understandings and
assurances contained herein, and directing and authorising
the person identified as the official representative of
the GRANTEE to act in connection with the Agreement and to
provide such additional information as may be r♦ pire#.
-2. It'shall comply with the provisions of the Hatch Act w%
limits the political activity of employees.
C. No program under this Agress;ent shall involve Volitiftl y
r: .
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activities.
D. It shall prohibit employees from using their positions for
a purpose that is or gives the appearance of being
motivated by desire for private gain for themselves or
others, particularly those with whom they have family,
business, or other ties.
E. Participants or employees in the program pursuant to this
Agreement shall not be employed on the construction,
operation, or maintenance of that part of any facility
which is used for religious instruction or worship.
F. Appropriate standards for health and safety in work and
training situations shall be maintained.
G. Persons employed in public service jobs under this
Agreement shall be paid wages which shall not be lower
than whichever is the highest of (a) the minimum wage
which would be applicable to the employer under Federal
standards, (b) the State or local minimum w4ge for the
most nearly comparable covered employment, or (c) the
prevailing rates of pay for persons employed in similar
occupations by the same employer..
H. It shall comply with the Civil Rights Act as amended.
I. It shall comply with the regulations and requiresients of
the office of Management and Budget Circular A-1e2,
"Uniform Administration Requirements for Grant -in -Aid to
State and Local Governments,* and Federal Management
Circular. 74-48 "Principles for. Determining Costs
Applicable to Grants and Contracts with State and Local
Governments."
J. It shall comply with the Anti -Kickback Act, Title 18, USC
Section 874, and provisions of the Federal Labor
Standards, Title 29.
K. It shall comply with the procedures set forth in this
Policies and Procedures Manual for Commaity faced
Organizations.
�1
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T
U
ENTIRE AGREEMENT
ARTICLE VI
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed by the respective officials thereunto duly
authorized on the first date above written.
ATTEST:
MA
City Clerk
ATTEST:
Corporate 9ecretary
CITY OF MIAMI, a municipal
Corporation of the State
of Florida
By
City Manager
GRANTEEs Miami Jewish Home and
Hospital for the Aged, Inc., a
Florida not foprofit corporation
By
Irving Cypen
Chairman of the Board
GUARANTEE
�J-4-1—P
I , in consideration of the City of
Miami's execution of the foregoing Agreement, the
undersigned, guarantee the performance of the terms and
conditions in said Agreement required to be performed by the
Grantee including but not limited to the provisions relating
to default, assurances, and certifications.
Dated this day of
WITXXSS s
. 1988.
, an individual
By
iWividually
APPROVRD AS TO INSURANCE RSMIREMRMTBs
w 16
APPINOV0 AB To Ida"
MW co
cy
JOM
CITY ATTORMiY
S
e'
F_
—V
.10
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE AUG 6 1968 "LE
of the City Commission
roomCesarH. Odio
City Manager
RECOMMENDATION
SUIIJECT Resolution Allocating
$30,000 to Miami Jewish
Home and Hospital for the
RAged , Inc.
EiERENC[S
City Commission Meeting
ENCLOSURES eptember 8, 1988
It is respectfully recommended that the City Commission adopt the
attached resolution which allocates $30,000 from FY189 General
Operating Widget and to be restored from the interest earned from the
Sunshine State Bond Pool to the Miami Jewish Home and Hospital for
the Aged, Inc. to operate the Douglas Gardens Senior Adult Day Care
Center at Legion Park and further authorizes the City Manager to
enter into agreement with said agency for said project.
BACKGROUND
The Department of Community Development has prepared the attached
resolution which formalizes the intent of Motion No. 88-440 by
allocating $30,000 from the interest earned from the Sunshine State
Bond Pool to the Miami Jewish Home and Hospital for the Aged, Inc. to
operate the Douglas Gardens Senior Adult Day Care Center.
Historically, City funding for this project began in 1976-77 with
the allocation of Federal Revenue Sharing Funds (F.R.S.). F.R.S.
funding continued until two years ago, when the U.S. Congress did not
reauthorize these funds. The City continued its support in 1986-87
with an allocation from the Special Programs and Accounts: Contingent
Fund and in FY'87-88 the Agency received $32;178 from the fund
balance of unexpended 12th Year Community Development Block Grant
Funds for public services.
19
sti
At its meeting of May 12, 1988, the City Commission passed Motion
88-440 expressing its intent to allocate $30,000 to the A ency,
contingent upon the Agency receiving a grant from the State of
Florida. The Agency has been awarded $165,000 from the Department of
Health and Rehabilitative Services for this project.
In addition to formalizing the intent of Motion No. 88-440, tho h4
proposed resolution also authorizes the City Manager to eater into
agreement with the Miami Jewish Home and Hospital for the A#W#� s=�
t t "
Attachment: Proposed Resolution