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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. 0-4-446 AT T A14;1 lx "n. zls bkj d t.J C0 T; XAVIER L. EZ, 111AMMAY R / CITY COMM- 4-0 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: r 4CIYA Y v O s ,,ryrye - .W rr " �. -. i. , a -. � - .i l • . .. ..- 14 � t..4.s ♦.'� � C ,� �w�VR"' }:. 1 'i! - e e v'k ,:k i $ i. .f•P"�`i T.. yx I;�y :11 roost", ' �,.( �... 4 E . r .Y,t:.`;V•r,. 'ti-.'arT1P`�'=X. !^'\f A�{/` y }"qE losst . . vii . I� :t c ,:' �v" � w;`_� „� , , t � r � � zt =f d' r. ;xt� fL"' Ci � '�1pS 1 i a �'+*•,'�" �;,. �, ' s i �`` k+azl r� I>•ks ; � � � ` � �.: r ::' ,,s�,iy l".iit� � g•1i � ,Y,�,�,4 ti "•,,`; . h n � 8+:s �. -�iC r.. '��'�� �� k � �z. � 7 /', h ♦�I'LrA�rt�"'. ,t, , � j P si 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. - 1 - P P` 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). - 3 - 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 - 4 - wn; C913- t V VA 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. . jir� .n 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 { y s Ak lt.i� � 4}YSn x� I 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 - 1 - o� �7 f b 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 - Z - 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 a 3 • Wit: 1 11 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 - 4 - M sI 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. - S - f? a 0 - V 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. h✓.f 1xy 6 - 1 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 '' � Yr 7 r ..r V - V 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; J # � 0 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. x yb� e - V 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 r I r 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 - f I V 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: . qr Ir 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 -is- �r � 5k d4 �:� 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