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HomeMy WebLinkAboutR-86-05370-86-520 01 01� RESOLUTION No. 86"537-- A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A $38,469.44 GRANT FROM METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND AGREEMENT(S) TO IMPLEMENT THE PROGRAM. WHEREAS, the United State Department of Health and Human Services provides states with funds to offer child day care services to assist parents from low-income families to obtain, retain, or acquire training which will lead to employment; and WHEREAS, the State of Florida has contracted with Metropolitan Dade County to provide child day care services in Dade County to these low-income families; and WHEREAS, Metropolitan Dade County wishes to subcontract with the City of Miami to provide child day care services to eligible low-income families and the City of Miami wishes to provide such services; NOW, THEREFORE, BE iT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager's acceptance of a grant from Metropolitan Dade County in the amount of $38,469.44 to provide child day care services to children from low-income families is hereby ratified, approved and confirmed. Section 2. The City Manager is hereby authorized to execute the necessary contract(s) and agreement(s) to implement the program. PASSED AND ADOPTED this 10.th day of JULY , 1986. XAVIER L. SJJAREZ MAYOR ATTES . Matt iiirai, City Clerk CITY COMMISSION MUTING OF JUL 10 1986 No. of PREPARED AND APPROVED BY: Robert F. Clark Chief Deputy City Attorney APPROED ,;& TO FORM AND CORRECTNESS: Lrut-ia A: Dougl%rty, City Attorney/ as CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members DATE: t� FILE: of the City Commission J Ut_ �QR� SUBJECT: Resolution Ratifying the Action of the City Manager in Accepting a Grant Award FROM: Cesar H. Odlo REFERENCES: City Manager ENCLOSURES: It is recommended that the City Commission adopt a resolution ratifying the actions of the City Manager in entering into an agreement with the Metropolitan Dade County Board of County CommissionerSwhereby the City shall provide child day care services as stipulated in said agreement; and further authorizing the City Manager to accept the sum of $38,469.44 from the Metropolitan Dade County Board of County Commissioners as cost reimbursement for the above mentioned services, as per attached resolution. The Title XX Contract for Child Care Services (6th year) is funded through Metropolitan Dade County in the amount of $38,469.44. No cash match is required from the City of Miami. The intent of this project is to purchase from the City of Miami, slots which will be used to provide quality child care services for low income children 6 weeks - 5 years of age, thus enabling parents to work outside the hotae. Fourteen (14) children will be served under this grant; twelve (12) pre-schoolers and two (2) infants. This is the sixth year of this program. �'k 14 86-537 I /1 /85 GENERAL REVENUE/FEDERAL FUNDS CONTRACTSETWEEN METROPOLITAN DADE,COUNTY BOARD OF COUNTY COMMISSIONERS AND CITY OF MIAMI THIS CONTRACT is entered into between the Metropolitan. Dade County Board of County Commis— sioners•, hereinafter referred to asthe "department", and City of Miami hereinafter referred to as the "provider". The parties agree: I. The Provider Agrees: ' A. To provide services according to the conditions specified in Attachment 1 8. Federal and State Laws and Regulations • 1. To comply with the provisions contained in the Civil Rights Certificate. hereby incorporated into this contract as Attachment 3 . It is expressly understood that substantial evidence of discrimination, as listed in Attachment —_, shall constitute a breach of contract. 2. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and other applicable regulations if specified in Attachment . 3 3. If this contract contains federal funds and is over S100,000, the provider shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 USC 1857 et seq.) and the Water Pollution Control Act as amended (33 USC 1368 et seq.). 4. The provider agrees to complete the Civil Rights Compliance Questionnaire, HRS Form 946. if so requested by the department. C. Audits and Records 1. To maintain books, records and documents in accordance with accounting procedures end practices which sufficiently and properly reflect all expenditures of funds provided by the department under this contract. 2. To assure that these records shall be subject at all times to inspection, review. or audit by state personnel and other personnel duly authorized by the department, as well as by federal personnel. 3. To maintain and file with the department such progress, fiscal, inventory and other reports as the department may require within the period of this contract. 4. To include these aforementioned audit and record -keeping requirements in ail approved subcontracts and assignments. 86~-53`7 - P 7/1185 S. ' To allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S., and made or received by the provider in conjunction with this contract. It is expressly understood that substantial evidence of the provider's refusal to comply with this provision shall constitute a breach of contract. 0. Retention of Records 1. . To retain all financial records, supporting documents. statissical records, and any other documents pertinent to this contract fora period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. 2. Persons duly authorized by the department. and federal auditors, pursuant to 45 CFR, Part 74.24(a), (b), and (d), shall have full access to, and the right to examine any of said records and documents during said retention period. E. Monitoring 1. To provide progress reports, including data reporting requirements as specified in Attachment 1 . These reports will be used for monitoring progress or performance to determine conformity wrt intended program purposes. 2. To provide access to, or to furnish whatever information is necessary to effect this monitoring. 3. To permit the department to monitor the aforementioned service program operated by the provider or subcontractor or assignee according to applicable regulations of the state and federal governments. Said monitoring will include access to all client records. F. Indemnification The provider shall be liable. and agrees to be liable for, and shall indemnify, defend, and hold• the department harmless from all claims, suits, judgements or damages, including court costs and attorney's ' fees, arising out of negligence or omissions by the provider in the course of the operation of this contract. G. Insurance The responsibility for providing adequate liability insurance coverage on a comprehensive basis shall be that of the provider and shall be proviaed at all times during the existence of this contract. Upon the execution of this contract, the provider shall furnish the department with written verification of the existence of such insurance coverage. H. Safeguarding Information The provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with the state regulations (HRSM 50.1), and federal regulations (45 CFR. Part 205.50), except on written consent of -the recipient. or his responsible parent or guardian when authorized by law. I. Client Information The provider shall submit to the department management and program data. including client identifiable data, as specified in Attachment 2 for inclusion in the HRS Client Information System. J. Assignments and Subcontracts The provider shall not assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department. No such approval by the department of any assignment or subcontract shall be deemed in any event or in any manner to provider for the incurrence of any obligation of the department in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts shall be subject to the conditions of this contract and to any conditions of approval that the department shall deem necessary. 2 86--537 l� 711 /85 K. Financial Reports To provide financial reports to the department as specified in Attachment. _ I L. Return of Funds. The provider agrees to return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. • Such funds •sl I.be considered department funds and shall be refunded to the department. The refund shall be due within 0: days following the end of the contract or at the time the overpayment is discovered unless otherwise out orized by the department in writing and ittached to this contract. M. Unusual l�ciclent Reporting ,. If services to clients will be provided under this contract, the provider and any subcontractors shall report to the department unusual incidents in a manner prescribed in HRSR 0.10.1. X Transportation Disadvantagid If clients. will be transported under .this. Contract,the . provider will subcontract with the des+gnatecl Community Coordinated Transportation 'Provider; or otherwise comply with the provisions of Chapter 42f,' Florida Statutes. The provider shall submit to the department the reports required pursuant to Volume 10, HRS Accounting Procedures Manual. II. The Department Agrees: To pay for contracted services according to the conditions of Attachment I in an amount not to exceed S 38,469.44 ,subject to the availability of funds. III. The Provider and Department Mutually Agree: A. Effective Date 1. This contract shall begin on 07/01 /86 or the date on which the contract has been signed by both parties. whichever is later. 2. This contract shall end on 06 30 87. B. Termination 1. Termination at Will This contract may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt requested. or in person with proof of delivery. 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested. or in person with proof of delivery. The department shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the department in writing, the department may, by written notice to the provider, terminate this contract upon no less than twenty- four (24) hours 88-537 7/1/85 notice. Said notice shall be delivered by certified mail. return receipt requested, or in person with proof of delivery. If applicable, the department may employ the default provisions in Chapter 13A•1, Florida Administrative Code. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the department's right to remedies at law or to damages. C. Notice and Contact The contract manager for the department for this contract is G. Joyce McCa 11 a , Ph . D. ,The representative of the provider responsible for the administration of the program under this contract is Carmen Evans . In the event that different representatives are designated by either party after execution of this contract. notice of the nameand address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. D. Renegotiation or Modification Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if federal and/or state revisions of any applicable taws, or regulations make changes in this contract necessary. If this contract contains a fixed -price method of payment section, and the rate of payment is determined through the appropriations process, then this contract may be amended to reflect the new rate established through the appropriations process retroactive to the effective date of this contract. E. Name and Address of Payee The name and address of the official cavee to whom the oavment shall be made - F. All Terms and Conditions Included This contract and its attachments as referenced, ( 1, 2. 2a , 3 ntain all the terms a conditions agreed upon by the IN WITNESS THEREOF, the parties hereto have caused this 4 page contract to be executed by their undersigned officials as duly authorized. PROVIDER CITY OF MIAMI BY: NAME: Cesar H. Odio TITLE: City Manager METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS BY: NAME: TITLE: DATE: DATE: FEDERAL ID NUMBER: 59-6000375 n 86-53'70- 03/01/84 f At ATTACHMENT I A. Services to be Provided CHILDREN, YOUTH AND FAMILIES CHILD DAY CARE SERVICES (TITLE-XX) -- The estimated number of units and the types of services to be provided are shown on the attached child care application. - B. Manner of Service Provision 1. To provide child day care services in the county(ies) of Dade , Florida, for children of families who meet the eligibility and enrollment requirements of the department. 2. Services will be provided in centers or bomes which are either directly operated or subcontracted as indicated on the Provider List. C. Method of Payment 1. The total project cost of services specified in this contract shall be as follows: Services in Services Liberty City Exclusive of ONLY Liberty City Total State and Federal (87h%) $ 8,719.60 $ 24,941.16 $ 33,660.76 County 4,808.68 Local Match (12hX.)$ 1,245.66 $ 3,563.02 $ TOTAL $ 9,965.26 $ 28,504.18 $ 38,469.44 2. a. The total project cost for services to Liberty City, is to'be paid in accordance with the rates shown on Attachment 2-A and a maximum of $ 9,965.26 b. The total project cost for services ecdusive of Liberty City, is to be paid in accordance with the rates shown on Attachment 2 and a maximum of $ 28,504.18 3. The department shall pay the provider on the basis of monthly invoices submitted to the department no later than 3 days following the end of the report period. 4. The department shall reimburse the provider on the basis that the depart- ment's share (871!2) and the local match share (124%) are included in both the total dollar amount and the unit of service rates specified in this contract. 86--53'7 - 5. The final invoice must be received by the department no later than forty- five (45) days after the contract ends or is terminated. If the final Invoice is not received within the forty-five day period, the provider's right to reimbursement is forfeited, and the department may not honor any request submitted after the aforesaid agreed upon period. Any payment due under the terms of this contract may be withheld until all evaluations and financial reports due from the provider and necessary adjustments thereto have been approved by the department. D. Special Provisions 1. The provider shall conform to Chapter 1OM-119F.A.C.9 "Purchase of Child Day Care Services" and to those requirements of the department as specified in the latest edition of the Child Day Care Manual, IMM 175-14 2. The department shall furnish consultation to the provider in the areas of fiscal management and the department-'s required standards for program quality. 3. The actual number of eligible children served in each category may be shifted from -category to category provided that the provider meets all licensing standards and regulations as specified in IOM-11,F.A.C.. as to total number of chil- dren allowable in each category in the particular center. 4. Client eligibility shall be determined by the department in the manner defined in ERS Manual 195-1. "Title XX Eligibility Determination." If the department determines client eligibility, said determinations shall be furnished to the provider. If the provider determines client eligibility, the provider shall furnish, upon re- quest, such information as may be required to verify that client eligibility was determined in accordance with department requirements. 5. The provider shall utilize a system through which clients may present a request for a fair hearing. The preliminary procedural requirements for the fair bearing -system' oust -be-Compatible -rich'the-department's -fairfiearing -system,- vut3fned in HRS Manual 195-1. The provider shall notify applicants or recipients of their right to a fair hearing due to'ineligibility for services or termination, suspension, or reduction in services. The department shall make arrangements to provide such a hearing through its fair hearing process. 6. No fees shall be imposed other than those set by the department and described in the current State of Florida Title XX Pre -Expenditure Report. Fees collected in compliance with the aforementioned report will be disposed in a manner prescribed by the department. 7. The provider shall adhere to the* department's current policy for reporting unusual incidents for all centers and homes shown on the Provider List. 2 s6r5 37 e �S. "It is understood and agreed by the parties hereto that the parties intend to contract for a rate of pay based upon an anticipated amount of money in the Department's FY 86-87 budget. However. the amount of money which will be allocated for this contract is not yet known. Therefore. the rate set forth in this contract is an interim rate based upon the Department's FY 85-a6 budget. In the event that additional monies are available to increase the rate of pay. the Department and the Provider mutually agree to renegotiate and amend the contract to increase the rate of pay for services rendered by the Provider pursuant to this contract without additional services being required of the Provider. In the event that less monies are available than anticipated in this contract. the Modification and Renegotiation clause. D. Page 4 of this contract will pertain." 9. The Provider shall be liable. and agrees to be liable for, and shall indemnify, defend, and hold the Department harmless from all claims, suits, judgments or damages, including court costs and attorneys fees, arising out of or in the course of the operation of this contract. Funds made available pursuant to this contract shall not be used by the Grantee, Sub -grantee, and/or Subcontractor for the purpose of initiating or pursuing litigation against the Department. 10. The rgsponsibility for providing adequate liability insurance coverage as determined by the Department on a comprehensive basis shall be provided at all times during the existence of this contract. Upon the execution of this contract, the Provi- der shall furnish the Department with written verification of the existence of such insurance coverage. 3 86-537 . ATTACHMENT 2 r XI CYF TITLE-XX REGULAR 1. IDENTIFYING INFORMATION: Type of Agreement New Application Direct Contract X Rontwal Application X Subcontract Amended Application Directly Operated Center a. Official Name of Program Submitting Application City of Miami b. Mailing and Street Address, if both are applicable P. 0. Box 330708 - Miami FL 33133 c. Name and Title of Contact Person Carmen Evans, Administrator Telephone NO, 305-579-6912 Id. Name, Address, and Telephone No. of Payee Same As Above 2. LEGAL STATUS OF PROGRAM QPrivate, Proprietary . Unincorporated Private, Non Profit . Unincorporated Private. Proprietary - Incorporated Private, Non Profit . Incorporated Date of Incorporation Date of Incorporation State State aPublic 13. PROPOSED CONTRACT PERIOD I From 7 1 86 through 6 30 87 Month Day Year Month Day Year ' Preferred Payment Period: Monthly No. of Days of Service: 261 14. TOTAL ESTIMATED NUMBER OF UNITS OF SERVICES TO BE PROVIDED: 14 BREAKDOWN BY TYPE OF CARE AND RATES PER CHILD Types of Care ` Estimated Eligible Children Daily Rates rrosys Service Projected Cost For Type Of Care, Estimated Mandatory Not Cost Fees of Care Preschool 12 11 7.70 261 24,116.40 1 Infant 2 12.00 261 6,264.00 Bofors & After School Average 4 hours Average 6 hours Average 8 hours Torsi Projected cost of services: S 30,380.40 Estimated Mandatory fees: S 1,876.22 TOTAL NET FUNDS REQUESTED: LOCAL MATCH REQUIRED: 28, 504.18 t12%% of Total Funds Re uestedl 3,563.02 •Formula: No. of days x daily rate x eligible children. 5. &..What is the local licensing authority? HR GY i b. Does the Program have a current local license? a Yn F 2 -9yrs 38 18m-5yrs 135 c. Licensed capacity: 0.2 years 7 2-6 years School -Age d. Is the Program in full compliance with the State of Florida's Minimum Standards for Child care Proorams? [Eyes No 1 6. Is a substantiation of rates attached? FRI Yes a No Indicate the type:Program brochure X Budget Other i I 7. Is a copy of fidelity insurance bond attached? X Yet No 8. is the Civil Rights Review form attached? X Yes No I y. Is a copy of puolic hawlity insurance attacned? X Yes No 1 HRS—CYF Form 5049. Seo 83 (Otxotates MRS—SES Form 4099 which may not to used) (Stock Numoer: 5749 00n•504?•i) 66-53a7.— ATTACHMENT 2A C XI CYF TITLE-XX LIBERTY CITY 1. IDENTIFYING INFORMATION: Type of Agreement New Application Direct Contract -City X Renewal Application X Subcontract -- _ Amended Application Directly Operated Center _ - a. Official Name of Program Submitting Application of -Miami. b. Mailing and Street Address, if both are applicable P.O. BOX 330708 Miami, F 1 . 33133 e. Name and Title of Contact Person - — Telephone No. - 6 9 2 I d. Name. Address, and Telephone No. of Pavee 2. LEGAL STATUS OF PROGRAM aPrivate, Proprietary - Unincorporated ❑ Private, Non Profit - Unincorporated Private. Proprietary - Incorporated a Private, Non Profit • Incorporated I Date of Incorporation Data of Incorporation State State Public---- 12. PROPOSED CONTRACT PERIOD From 7 1 86 through 6 30 87 ' Month Day Year Month Day Year ±1 Preferred Payment Period:-MonthlyNo. of Days of Service: 261 4. TOTAL ESTIMATED NUMBER OF UNITS OF SERVICES TO BE PROVtOED: 6. BREAKDOWN BY TYPE OF CARE AND RATES PER CHILD Types of Cars Estimated f rEligible Children Daily Rates tr0ays Service Projected Cost For Type Of Care, Estimated Mandatory Fees Not Cost of Care Preschool I Infant ' Before d After School Average 4 hours Average 6 hours Average 8 hours I Total Projected cost of services: S 12,058.20 Estimated Mandatory fees: S 2092.94 ( TOTAL NET FUNDS REQUESTED: LOCAL MATCH REQUIRED: 9,965.26 (121/.% of Total Funds Reduested) 1245.66 •Formula: No. of days x daily rate x eligible children. f 5. a..What is the local licensing authority? U2[ b. Don the Program have a current local license c. Licensed capacity: 0.2 years 7 d, Is the Program in full compliance with the St: 6. Is a substantiation Of ratan attached? a' Indicate the type: Program brochure 7. Is a COPY of fidelity insurance bond attached? 8. Is the Civil Rignts Review form attaened? _. tt a COPY of public uaoility insurance attached? HRS-CYF Form 5049. Sea 83 (Obsoletes HRS-SES F 191nr4 Nnmr... clan nr.n c—, - a Yet F�No 2-9 yrs 38 18m-5y 135 2.6 years School -Age of Florida's Minimum Standards for Child care Programs? Eyes ONo i ❑ No nBudget nOther Yes I No Yes No Yet Ne orm 4099 which may not ne used) 86-537 - 41�1 07/01/85 ATTACHMENT 3 CIVIL RIGHTS CERTIFICATE ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973. TITLE IX OF THE EDUCATION AMENDMENTS OF 1972. THE AGE DISCRIMINATION ACT OF 1975, AND THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981. The applicant provides this assurance in consideration of and for the purpose of obtaining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts. or other Federal financial assistance to programs or activities receiving or benefiting from Federal financial assistance. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964. as amended, 42 U.S.C. 2000d et sec., which prohibits _discrimination on the basis of race, color. or national origin in programs and activities receiving or benefiting from Federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973. as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended. 20 U.S.C. 1681 et sec.. which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance. 4. The Age Discrimination Act of 1975. as amended. 42 U.S.C. 6101 et sec.. which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from Federal financial' assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35. which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from Federal financial assistance. 6. All regulations. guidelines, and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from Federal financial assistance, and that it is binding upon the applicant, its successors. transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contractors. subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the Grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied.