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HomeMy WebLinkAboutR-87-0002J-87-20 1/8/87 RESOLUTION NO. A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER"S ACCEPTANCE OF A GRANT FROM THE, STATE OF FLORIDA, DE- PARTMENT OF VETERAN AND COMMUNITY AF- FAIRS, IN THE AMOUNT OF $20,000 TO CON- DUCT A CHILD DAY CARE PROGRAM; AND FUR- THER AUTHORIZING THE CITY MANAGER TO EX- ECUTE THE NECESSARY CONTRACT(S) AND A- GREEMENTS(S) TO IMPLEMENT THE PROGRAM IN COMPLIANCE WITH THE CITY CODE. WHEREAS, the Florida Department of Veteran and Community Affairs offered the City of Miami a $20,000 grant to conduct a child day care program during the fiscal year 1987; and WHEREAS, the City Manager accepted the grant by signing an agreement with the State of Florida; and WHEREAS, the fiscal year 1987 appropriation to the Depart- ment of Parks and Recreations Child Day Care Division in the amount of $607,078 was made with the anticipation of receiving financial support from the State of Florida; and WHEREAS, the City anticipates receiving sufficient funds from child day care fees to provide the required dollar -for - dollar match for this grant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Managers acceptance of a grant from the State of Florida, Department of Veteran and Community Af- fairs, in the amount of $20,000 to conduct a child day care pro- gram is hereby ratified, approved and confirmed. CITY COWN15511 MEETING OF J AN 8 1981 LESOLUTION NO.� �— Lo Section 2. The City Manager is hereby further authorized to execute the necessary contract(s) and agreement(s) to implement the program, in compliance with the City Code. PASSED AND ADOPTED this 8th ATTEST: MATTY HIRAI, CITY CLERK day of January 1987. ,XAVIER L. SUAWZ, MAYOR PREPARED AND APPROVED BY: )eol-'Za Z-Ze. &AW Z'r ROBERT F. CLARK, CHIEF DEPUTY CITY ATTORNEY APPROVED/AS TO FORM AND CORRECTNESS: LUCIA Ak. DOUGHERTY,(- CITY ATTORNEY -2- e7-2 0 A ^*N CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members o` the City Commission ,I FROM Cesar H. Odio City Manager. "*N RECOMMENDATION DATE p r C 3 ; 4086 FILE SUBJECT Resolution Ratifying the Action of the City Manager to Accent a REFERENCES Grant Award ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution ratifying the actions of. the City Manager in entering into an agreement with the State of Florida, Department of Veteran and Community Affairs whereby the City shall conduct a Child Day Care Program and further authorizing the City Manager to accept the sum of $20,000 from the State of Florida, Department of. Veteran and Community Affairs. BACKGROUND The Department of Parks, Recreation and Public Facilities has prepared the attached resolution concerning the Community Services Trust grant award of $20,000 which is funded through the State of Florida Department of Veteran and Community Affairs and which is used to supplement the cost of providing day care services for 180 children in four (4) day care centers. The program serves children between the ages of six weeks and five years, with fees based on a sliding scale. The City will provide a cash match, utilizing day care fees, in the amount of $20,000 for a total Grant of $40,000. This is the twelfth year the City has received funds under this grant award. Attachments-. Proposed Resolution Grant Award Agreement CHO/WEG/CE/za 3 87-2 OR W 10/86 EXECUTIVE SUMMARY FORM Name of party (ies) : State of Florida Department of Veteran and Community Affair. Document type: Contract Purpose: Grant award to the Day Care Program for salary supplement Parks, Recreation and Public Facilities Department/Contact/Telephone : Carmen Evans 579-6912 Expense to City/Form/Duration: None (Grant) 10-1-86to 9-30-87 Revenue to City % $20, 000 General Fund (General Fund or Designated Area ..� . Terms ( Duration of) : 10-1-86 to 9-30-87 • Authorization by Resolution No. To Be Determined Brief Summary: in 'bullet" form with document highlights and explanation of recommendation) The State of Florida Department of Veteran and Community Affai grant award of $20,000 to the City, to assist in providing day care—sPr%�-P�s� for 180 children in four (4) Day Care Centers. These grant monies are used tn supplement salaries of persons working directly with the children, and _ielns the City to maintain adequate child/adult ratios per HRS guidelines. Other: Director to �'�'��� ACM/Advisor 87 s 2 n_ W ,-1 1986-87 Contract No. To Be Assigned By Department COMMUNITY SERVICES TRUST FUND (CSTF) AWARD AGREEMENT THIS AGREEMENT is entered by and between the State of Florida Department of Community Affairs (hereinafter referred to as the Department), with headquarters in Tallahassee, Florida and city of miami (hereinafter referred to as the Grantee). THIS AGREEMENT/CONTRACT IS ENTERED BASED ON THE FOLLOWING FACTS: The Department, in furtherance of its duties under Sections 409.501 through 409.506, Florida Statutes, has determined that the Grantee has applied and qualifies for a grant under the Florida Financial Assistance for Community Services Act. NOW, THEREFORE, the Department and the Grantee do mutually agree as follows: (1) SCOPE OF WORK The Grantee shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein), and shall otherwise do all things necessary for or incident to the performance of work as set forth in the Grantee's Community Services Trust Fund Application, attached hereto and incorporated by this reference as Attachment A. (2) INCORPORATION OF LAWS, RULES, AND REGULATIONS Both the Grantee and the Department shall be governed by applicable laws and rules, including but not limited to: Sections 409.501 through 409.506, Florida Statutes, and Rule 9C-2, Florida Administrative Code. (3) FUNDING (a) The Department agrees to pay the Grantee for costs incurred in compliance with this Agreement up to the total sum of $ 20,000.00 for the twelve month period beginning October 1, 1986 and ending September 30, 1987. (b) The Grantee shall match the CSTF funds identified in Clause (3)(a) by an amount of at least one hundred percent (100%) of the funds received. Not less than fifty percent (50%) of the required match shall be in cash. In -kind match sources may absorb the balance of the overall one hundred percent (100%) match requirement. (c) The Grantee shall provide as matching funds for services under this Agreement the following amounts: $ 20, 002.00 CASH $ -0- IN -KIND (d) Sources of matching funds and expenditures for all funds under this Agreement shall be governed by the CSTF Application in Attachment A of this Agreement. No federal funds, except federal revenue sharing funds, may be used in part or in whole to meet the match requirements. (e) Contingent upon Grantee's performance of services and submission of timely reports required by Rule 9C-2, Florida Administrative Code, said funds will be paid by the Department in quarterly amounts, provided the Grantee has no delinquent CSTF audits or reports outstanding from prior years and has complied in full with Articles 7 and 9 under this Agreement. For purposes of this Agreement, the quarters will begin on October 1, January 1, April 1, and July 1. Page 1 of 6 ` IIF.N RF.TI'It t�C� ! It't r�'u lt N.. %i ,, 4 _i ,2 4 (f) Compensation is further contingent upon availability of funds from the Community Services Trust Fund created by Section 409.504, F.S. '01 (g) Provision of funding under this Agreement shall not be construed as a guarantee of future Qr subsequent funding to the Grantee under CSTF or any other program administered by the Department. (h) Not more than fifteen percent (15%) of the total of state and required local matching funds shall be used for administrative salaries or other administrative costs. (i) Any CSTF monies expended in violation of this agreement shall be refunded in full by the Grantee to the Department, or if this agreement is still in force, shall be withheld by the Department from any subsequent payment. (4) PROGRAM INCOME (a) Grantee may apply program income to meet matching requirements or may reprogram it for eligible program activities. (b) Program income will be accounted for in the close-out information provided to the Department. (5) PROCUREMENT STANDARDS Grantee shall comply with relevant state and local laws applicable to the procurement of supplies, equipment, construction, and services and shall ensure that delegate agencies comply with such requirements. (6) PROPERTY MANAGEMENT STANDARDS Grantee shall comply with property management standards for non - expendable property equivalent, at a minimum, to relevant state and local laws applicable to the management of property. (7) AUDIT (a) The Grantee is required to submit an audit of agreement compliance no later than December 31, 1987, unless the Grantee opts to submit an annual financial audit of the local government as required under Section 11.45(3)(a), Florida Statutes. The contract number of this grant shall be identied within the audit submitted. A local government audit is due no later than seven months following the completion of the local government fiscal year. Audits may be submitted under one of the following options: 1. Any Grantee may submit an audit of the CSTF grant signed by an independent certified public accountant or by a county, city or state auditor. The audit will be submitted on forms provided by the Department or on equivalent forms provided by the Grantee or auditor. Such audits are due by December 31, 1987. 2. Total Grant Budget of 10,000 or less. The Department will accept an audit signed by the Grantee's Chief Financial officer on forms provided by the Department or on equivalent forms provided by the Grantee. Such audits are due by December 31, 1987. 3. Total Grant Budget of $10,000 or more. The Grantee may submit a local government financial audit with the contract number for this grant identified within the audit submitted. In selecting this option, the Grantee agrees to submit such an audit no later than seven months after the end.of the local government fiscal year, in complement to -the requirements of Section 11.45(3)(a), Florida Statutes. If the Grantee plans to submit such an audit, ...a copy of the local government single audit will be provided to the Department by: (specify month/day/year no later than seven months after the end of the local fiscal year). Page 2 of 6 a7-2 0^ (b) The Department may undertake such further and additional audits as determined necessary or appropriate, including but not limited to past and current program -wide audits, in order to determine the adequacy, accuracy, ~� and reliability of the Grantee's internal controls, fiscal data, and management systems established to safeguard the Grantee's assets and insure compliance with the requirements of this Agreement established by the Department and other funding sources. (c) If an Agreement is closed -out without an audit, the Department reserves the right to disallow and recover any disallowed costs identified in an audit completed after such close-out. (8) RECORDKEEPING (a) Grantee shall maintain all records and supporting documents pertinent to this Agreement and such records shall be retained by the Grantee for three (3) years following receipt by the Department of the Grantee's final Financial Status Report, with the following exception: if any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. (b) All records shall be sufficient to determine compliance with the requirements and objectives of this Agreement, the CSTF Program, and all other applicable laws and regulations. The Grantee is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent, and secured location. (c) The Grantee shall allow access to its records at reasonable times to the Department, its employees and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean 8:00 a.m to 5:00 p.m. on Monday through Friday. (9) PERFORMANCE REPORTS (a) For the first three quarters of the Agreement, the Grantee shall provide the Department with a quarterly Financial Status Report within twenty-one 21 calendar days after the end of each quarter. These reports shall be submitted on forms provided by the Department, signed by the Grantee's Chief Financial Officer or the Grantee's designee. If a delegate agency representative is the designee, any reports provided to the Department must be simultaneously submitted to the Grantee. A signature delegation form (Attachment B) must be completed as a part of this agreement for any such designee. Quarters run October 1 to December 31, January I to March 31, April 1 to June 30 and July 1 to September 30. The final Financial Status Report will be submitted as part of the Final Grant Close -Out Report due 45 days after the end of this Agreement. (b) For the first three quarters of the Agreement, the Grantee shall provide the Department with quarterly Program Activity Reports within twenty-one 21 calendar days after the end of each quarter. These reports shall be submitted on forms provided by the Department. Quarters are the same as listed in Section (a). The Final Program Report will be submitted as part of the Final Grant Close -Out Report due 45 days after the end of this Agreement. (c) Reports not received by the date due shall be considered delinquent, and may be considered by the Department as sufficient cause to suspend CSTF payments. (d) Upon reasonable notice, the Grantee shall provide such additional program reports or information as required by the Department. (e) The Grantee shall provide a Final Grant Close -Out Report due forty-five (45) calendar days after the termination of this agreement. This Close -Out Report will consist of a Summary Page, a Final Financial Status Report and a Final Program Activity Report. Any non -accrued expenses or Page 3 of 6 ! 87-2 (f) The Grantee shall make the Final Contract Close -Out Report available to citizens, upon request, and at no charge, and shall make public notice of the report and its availability at the time it is submitted to the --, Department. (10) MONITORING, EVALUATION, AND TECHNICAL ASSISTANCE (a) The Grantee shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, projected program activities are being accomplished within specified time periods, and other performance goals are being achieved. This review shall be made for each program, function, or activity set forth in Attachment A. (b) The Department shall perform monitoring and evaluation activities within limitations of staff time and budget, as may be necessary to assure Grantee fiscal and program compliance and progress. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written request from the Grantee and/or upon a determination by the Department of Grantee need. (c) The Grantee shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, and of any Delegates with which the Grantee contracts to carry out CSTF program activities. (11) DELEGATE AGENCIES (a) Grantee may delegate to other agencies responsibility for the performance of activities and services under this Agreement. Such delegates shall be identified in Attachment A. (b) Delegates undertaking or carrying out CSTF activities under this Agreement shall do so in conformance with the terms and conditions of this Agreement; CSTF Rule 9C-2, F.A.C., and all applicable State laws, rules, regulations, and guidelines. (c) Delegation under this clause shall in no way relieve the Grantee receiving funds under this Agreement of its responsibilities to assure that its CSTF program is administered in accordance with all State requirements. (d) The Grantee shall be responsible for the program and fiscal performance of its delegates and shall monitor their activities accordingly. In the event of a delegates non-compliance with the program or fiscal activities under this Agreement, or any other term of this Agreement, the Grantee agrees to reimburse to the Department any and all grant funds misused by the Grantee or its delegates. (12) LIABILITY The Grantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. (13) PERIOD OF AGREEMENT This Agreement shall begin on October 1, 1986 and shall end on September 30, 1987, unless terminated earlier in accordance with the provisions of Clause (14). (14) SUSPENSION OR TERMINATION OF FUNDS (a) The Department reserves the right to withhold or suspend.payments to the Grantee when the reports required in Clause (9) of this Agreement are delinquent, or when the Grantee fails to comply with the terms and conditions of this Agreement. Page 4 of 6 87-2 (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include,, but not be limited to: misuse of funds; fraud; non-compliance with applicable rules, laws, and regulations; or failure to perform the program or fiscal activities under this Agreement. (c) Projects funded, in whole or in part, by these funds shall be administered without regard to race, color, creed, sex, age or national origin. It is expressly understood that the Department shall have the right to terminate this Agreement for breach upon receipt of substantial evidence of discriminatory practices by the Grantee. (d) Suspension or termination is an appealable action under Chapter 120, Florida Statutes. Written notification of suspension or termination shall include notice of appeal rights and time frames. (e) The Department reserves the right to exercise corrective remedial actions including, but not limited to: requesting additional information from the Grantee to determine the reasons for, or extent of non-compliance or lack of performance; issuing a written warning advising that suspension or termination may be initiated if the situation is not remedied; advising the Grantee to suspend, discontinue or not incur costs on activities in question; or requiring the Grantee to reimburse the Department for the amount of costs incurred for any items or activities determined ineligible or disallowed. (15) MODIFICATIONS (a) As provided in Rule 9C-2, the Department or the Grantee may request modifications to this Agreement. Changes in the approved work plan may be made by a Grantee only after formal modification to the contract is approved in writing by the Department. (b) All requests for budget modifications in excess of ten percent of the line item or the total budget must be submitted to the Department for approval thirty (30) days prior to the anticipated implementation date and should include a description of the proposed changes and their effect upon the approved work plan. Failure to meet this time frame may result in funding delays. (c) Changes within individual budget line items may be made at the discretion of the Grantee, without Department approval, if the cumulative effect of such changes does not exceed ten percent (10%) of the line item total, and if the cumulative effect of the number of such changes does not exceed ten percent of the total approved grant amount, provided that: (1) Only unobligated funds can be transferred from one item to another item within one budget line; (2) The Grantee notifies the Department in writing prior to affecting a budget change within the limitations set forth in this Section (b) and in CSTF Rule 9C-2; and (3) Budget changes do not result in overexpenditure of the total approved grant amount or expenditures in excess of the administrative expense limits. (d) All such modifications, which are mutually acceptable to the parties, will be incorporated in writing as amendments to this Agreement. Page 5 of G 8i-2 (16) SPECIAL CONDITIONS (a) The Grantee and its delegate(s) shall comply with the following special conditions: a None (b) Failure of the Grantee or its delegate(s) to comply with the special conditions under this Agreement shall be cause for the immediate suspension of payments, and may be cause for the immediate termination of this Agreement. THIS AGREEMENT AND ITS ATTACHMENTS EMBODY THE ENTIRE AGREEMENT OF THE PARTIES. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS AGREEMENT. GRANTEE BY (Signature) Cesar H. Odio, City Manager (Type Name and Title) 59-6000375 Federal Identification Number STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY (Signature) (Type Name and Title) FOR THE GRANTEE: STATE OF FWRIDA, COUNTY OF Dade Date I hereby certify that on this day, before me, a Notary Public, City Clerk or Clerk of the Court, authorized in the state and county named above to take acknowledgements, personally appeared Cesar H. odio to me known to be the person described as cry Manager (Title) of city of Miami , who executed the (Name of Grantee) foregoing Agreement, and he/she acknowledged before me that he/she executed it in the name of and for city of Miami , (Name of Grantee) affixing its seal, and that he/she was duly authorized by that governing body of the City of Miami to do so. (Name of Grantee) WITNESS my hand and official seal in the county and state named above this day of 19 . Notary Public City Clerk Clerk of the Court My Commission Expires: Page 6 of 6 87_2 _. &TACHMENT B Contract No. to be assigned by Department FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY SERVICES TRUST FUND SIGNATURE AUTHORIZATION F014 — FY 1986-87 CITY OF MIAMI GRANTEE NAME AS SIGNIFIED BY THE GRANTEE ON THE ORIGINAL AGREEMENT (CONTRACT) PAGE 6 OF 6 ATTEST: ?Tatty Hirai, City Clerk SIGNATURE Cesar H. Odio NAME City Manager TITLE The signature of the person(s) shown below are designated and authorized to sign fiscal reports on behalf of the contract listed above. Carlos Garcia NAME Director of Finance TITLE Gary Houck NAME Assistant Director of Finance TITLE TO FORM AND CORRECTNESS IA A. DOUGHERTY, CITY ATTORNEY G7" SIG r .9.%_2