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HomeMy WebLinkAboutO-09017AMENDMENT NO. TO ORDINANCE NO. 8719 ORDINANCE NO. 9 0 1 7 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA- TIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY RETARDED (4TH YEAR)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $141,468, COMPOSED OF $111,468 TO BE RECEIVED FROM STATE OF FLORIDA, DE- PARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND $30,000 FROM CITY OF MIAMI, MATCHING FUNDS FOR GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION. WHEREAS, the City Commission adopted Ordinance No. 8719 on October 26, 1977 establishing resources and appropriations for grant funds anticipated by the City of Miami, Florida, and for corresponding City Cash Match require- ments; and WHEREAS, the State of Florida, Department of Health and Rehabilitative Services has offered a grant award of $111,468 to the City of Miami for "Staff Training for Adapted Recreation Grant for the Handicapped-4th Year"; and WHEREAS, a sum of $30,000 is available from Fiscal Year 1979-80 Special Programs and Accounts,Matching Funds for Grants,for this program; and WHEREAS, this program will meet a crucial need to provide leisure services to mentally retarded adults; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 1 of Ordinance No. 8719, adopted October 26, 1977, as amended, is hereby further amended in the following particulars:1/ "Section 1. The following Trust and Agency Funds are hereby established and resources are hereby appropriated as described herein: 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and un- changed material. Figures are rounded to the next dollar. FUND TITLE: RESOURCES: Recreation Programs for the Mentally Retarded (4th Year) State of Florida, Department of Health and Rehabilitative Services Grant Award, 1979-80 $111,468 City of Miami, Special Programs and Accounts Matching Funds for Grants, FY 1979-80. APPROPRIATION: Recreation Programs for the Mentally Retarded (4th Year) Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED THIS 8th DAY OF November RALPH ON IE, CITY CLERK BUDGETARY REVIEW: 60. HOWARD V. GARY, Df'ECTOR DEPARTMENT OF MANAGEMENT AND BUDGET LEGAL REVIEW: riAtA4 0,/iC Maurice A. Ferre $30,000 $141,468" , 1979. ROBERT F. CLERK, ASSISTANT CITY ATTORNEY APPROVED i WI FORM AND CORRECTNESS: GEORGE JR., Y ATTO EY MAURICE A. FERRE MAYOR 9017 NI ,tilt .r •r . . r n. .r., r r l r�•) .. r•1 �111 .; . t JU �10 l �' ,•t. .. 1':.L..: �:1 r ,t�l :.'.� •• .r ..'. 1r � .. ..1 :. , .. ,. i, .t1 � , f•( t.i'"it 1. /"'. is 17'14.1.'' : t.1 TO: fROki Joseph R. Grassie City Manager ert H. Howar , irectbr Department of Leisure Services ,uni•,Cr September 20, 1979 Ordinance - State Grant Programs for the Handicapped Fourth Year (FY 1979-80) ENCLCSUPLS. REQUEST IS MADE TO APPROPRIATE A TOTAL OF $141,468.00 TO OPERATE THE STATE GRANT FOR THE HANDICAPPED FOURTH YEAR (FY 1979-80). THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES WILL CONTRI- BUTE $111,648.00 TO BE MATCHED BY THE CITY OF MIAMI WITH $30,000.00 FROM THE SPECIAL PROGRAMS AND ACCOUNT MAT- CHING FUNDS FOR FEDERAL GRANTS. The goal of this program is to assist mentally retarded adults in achieving or maintaining self-sufficiency through recreational and leisure services. Whereby they will be able to live as "normal" a life as possible. The components of this program are: a. Recreation b. Health and Nutrition c. Prevocational Skills d. Modality Training e. Language Arts f. Social Perceptual Training Clients will attend these six (6) days a week, at City of Miami parks. These programs will meet an un-met need of leisure services to mentally retarded adults. AHH:lg cc: Law Department Management Services 9017 • 1N rr,l: ., ...Tr CO., ,.. tip.:,\ . 100,0O COT nELT COCT I`/ll.lr t.,ll"•' I:isri'1.l;.:t.1 STATE OF FLORIDA 1)A DEP,tJi•�ii •:.. OP JiAL H,AHn REHABILITATIVE o,-R1(.ES CITY OF MIAMI TJIS CU?,CT is entered into between tho State of rlorid-, Department of Health awl Reha.hi.l.i.t:ati.ve Services, hereinafter referred to a:; the "Del:artment", and CITY or MIAMI , hereinafter referred to as the "Provider". The Parties agree: I. The Provider Asrees : A. To provide services at locations and in accordance with the conditions specified in Attachment 1. B. Federal ar d ' Sta to Laws and 'Regulations ].. To comply with Title VI and VII, Civil R_yh .s Act of 19G4. 2. To comply with all the provisions of Section 501; of the Rehabilitation Act of 1973, Nondiscrimina- tion ACainst the Handicapped, as amended (45 CFR, Part 84). 3. It is expressly understood that upon recci.pt of substantial evidence of such discrimination, the Department shall have the'right to terminate this contract 'for breach. • 11. To comply with the applicable provision:: of 45 CFR, Part 74. 5. To meet the State and Federal standard.^, set forth in 45 CFR, Part '228. 9017 TO: FROM Joseph R. Grassie City Manager // ,1,tr 7J 1 ert H. Howar , irectbi' Department of Leisure Services E ,ii r»Lc r September 20, 1979 Ordinance - State Grant Programs for the Handicapped Fourth Year (FY 1979-80) CLC SUP ES REQUEST IS MADE TO APPROPRIATE A TOTAL OF $141,468.00 TO OPERATE THE STATE GRANT FOR THE HANDICAPPED FOURTH YEAR (FY 1979-80). THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES WILL CONTRI- BUTE $111,648.00 TO BE MATCHED BY THE CITY OF MIAMI WITH $30,000.00 FROM THE SPECIAL PROGRAMS AND ACCOUNT MAT- CHING FUNDS FOR FEDERAL GRANTS. The goal of this program is to assist mentally retarded adults in achieving or maintaining self-sufficiency through recreational and leisure services. Whereby they will be able to live as "normal" a life as possible. The components of this program are: a. Recreation b. Health and Nutrition c. Prevocational Skills d. Modality Training e. Language Arts f. Social Perceptual Training Clients will attend these six (6) days a week, at City of Miami parks. These programs will meet an un-met need of leisure services to mentally retarded adults. AHH:lg cc: Law Department Management Services • r 9017 9017 • eak • T) 1... .... . . , :.l ... . . /....rr'. 1 00 , 0'10 CO::'1' STATE 0; FLORIDA r,,.....�rn � ' ' tI\ I t 1 1 ... T•/ I•�' 1 i 1 t! 1 : t t• DEP,lRT;;,:..... O li,.AL..II . (�1.1. ,�►. 1ABIII:C.A I 1 , SM 10ES . .AI11) CITY OF MIAMI • TINS CO;;'_':;,CT is catered into between the State of Florida, • Department; of Health and Rehabi 1 i t. rive Servics, hereinafter referred to a;; the "Department", and CITY Or MIAMI , hereinafter referred to as the "Provider". The Parties agree: S. The Provider Agrees: A. To provide services at locations and in accordance with the conditions specified in Attachment 1. B. Federal and'State Laws and*Regulations 1. To comply with Title VI and VII, Civil Rights Act of 1964. 2. To comply with all the provisions of Section 501; of the Rehabilitation Act of 1973, Nondiscrimina— tion Against the Handicapped, as amended (45 CFR, Part 84+). 3. It is expressly understood that upon recclpt of substantial evidence of such discrimination, the Department shall have t;he 'right to .ermin:.it:p this contract•for breach. i. To comply with the applicable provision:: of 45 CFR, Part 74. 5. To meet the State and Federal standards set forth in 45 CFR, Part 228. • 9017 • t;1a.1 ! 1%.,.1 i'r;f' pro :; Vr t.o dctr.f•:,fit:^ cc,trl'or;,fi t••;; with intended program pu t'pn::„:; . t•n f'ff rn 1:;h t:}1;ttc:ve ' - int'urw:.L.i.on t:; tfeee -'•-1t•;; to ct'V' ct:, this t:1onl.tot'.Ln3.. 3. '1'o pe rrt .t tltu Department to monitor the afore- mentioned 3c1'v1 ce. hrot;rn ri Operated by the: Provider or subcontractor according to applicable regula- tions of 1:hc Federal and State ;ovcrnments. Said monitoring; will include access to all client record;. F. Indemnification • The Provider shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the Depart- ment- harmless froth all claims; suits, judgements or damages, including court costs and attorneys fees, arising out of or in the course of the operation of this contract. G. .Insurance The responsibilityfor providing adequate liability insurance coverage as determined by the Department on a comprehensive basis shall be that of the Provider and shall be provided at all times during the existence C of this contract. Upon the execution . of this contract, the provider shall furnish the.Department with written ver1fication of the existence of such insurance coverage. H. Safeguarding Information Pursuant to 115 CFR,Part 205.50, the Provider shall not • u e or disclose any information concerning a recipient or cervices under. this contract for any purpose not in conformity with the Federal and State requirements except on written con 'ent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information The Ito ldet' •hal.l submit to tho Depart;mcnt management -3- ' 9017 c. 1. TO I,t.ttI►t.;t;It hoops, rvCOrdr ana docuu;.►tints its accut•,I n ee t;i.t.h iteeotu gill ; procedure:; an(} practices w}I t.t`}t : t1.'J'1.ei.mS.].;, stu1 p;•o;',:rl.y r%:J.'1:ct all expenditures of. funds provided by the Upar t merit; under this; . contract:. 2. To assure that t}►c:;e records 'shall be cubJect at all times to inspection, review; or audit by State • personnel. and other personnel duly authorized by the Department:, as Weill a:; by Federal perso:1ne1. 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. Jt. To include these aforementioned audit: and record- .. keeping requirements in all approved subcontracts and assignments. D. Retention of Records • 1. To retain all financial_ 'records, supporting docu- ments, statistical records, and any other documents pertinent to this contract for a period of three (3) years after termination of this contract, or i an audit has been initiated and audit findings have not been resolved at the end of three (3) years, the records shall be retained until resolution of the audit findings. 2. Pursuant to 45 CF R, Part 71t.24(a) and (b), Federal auditors and persons duly authorized by the Department.- shall have full access to, and the right i• to examine any of said materials during said period. 'E. Monitoring 1. • To provide periodic progress reports, including data reporting; requirements requested from the Department and/or. Federal agencies.. These reports 01 t,011‘ ::••'d 1 r)t• Lubtt:p:•l1 '. :e (L• I t:t•. \,1•.:1...'i.. . t&) dett1•:31 W: (•uttf'o►•: i t.v with intended I1roc,r;;irt ° •••••• !„ , ,' i rt 1.111.111:;11 1:11:it(:vCL• ittt'ut44..l.1.on Is n':r(•••••-1r;; to ef-'f'' ct. this r1Oni.tor.tn3-. 3. To perms .t Lhu Department to monitor the afore- mentioned serv:i.ee. })ro►;rari Operated by the Provider or subcontractor according to applicable regula- tion:.; of t.12c Feciei•al and estate 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 Depat't•- meat• harmless from all claims; suits, judgements or • damages, including court costs and attorneys fees, arising out of or in the course of the operation of this contract. • G. Insurance The responsibility.for providing adequate liability insurance coverage as determined by the Department on a comprehensive basis shall be that of the Provider C,. and shall be provided at all times during the existence of this contract. Upon the execution.of this contract, the provider shall furnish tile. Department with written verification of the existence of such insurance coverage. 1i. • Safeguarding Information . Pursuant to 45 CFR, Part 205.50, the Provider shall not uto or disclose any information concerning a recipient . of :services under. this contract for any purpose not in conformity with the Federal and State requirements except on written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information The Provider :hall :submit: to tht: Department management -. 3 - ' 9017 41111111111.1111.10.1Mwm- 1. t I • , Ok OK, as deeme cs:;ential by the Department for inclusion ill 'the UN:; Client Informatimn Vstem. J. Assiv;r:.vitts of Contracts The Provider shall not asnign the responstUility of this contract to another party without priori written approval of the Department. '. K. Financial Reports To provide periodic.financial reports to the Depart- ment as dpecified in Section III, paragraph G. A final expenditure report will he made to the Department within forty-five (45) days after the termination of this contract. L. Subcontracts The Provider shall not enter into subcontracts for any . of.the work contemplated under this Contract without obtaininG prior written approval of the Department. . Pursuant to 45 CFR, Part 228, all subcontracts shall be • subject to such cofiditions*.of.this contract and to any • condltions of approval that the Department shall deem necessary. Provider will be responsible for the _performance of any subcontractor. M. Return of Funds Any funds paid by the Department and not expended for .the contracted services shall be considered Department ' funds, and shall be returned to the Department. Such funds expended in violation of this contract shall be refunded in full to the Depavcment, or if this contract -is still in force, shall be withheld by the Department from any subsequent reimb=;sement request. N. Eligibility • • Reimbursement shall be made Only for those expenditures incurred in the.provision'of eligible . services to eligiblo clients. Eligible services are those services specified in Attachment 1 of this contract and in the currentState of FIOvida • •' �. r• ' � ' • { � �.'IJ.11�:'.1 In t•tit: ): . f„ is:1�� .lit; u.1.1. : t•..1.1 l.. d.t Mttnnev cliA'i.ned !It the ':ut•t',. nt "Dc•t,.:rtncttt of Health and tic'tiahI i. Lt ,.1..1.ve : t'v 1.t,:t•:; i :H ..11 for '.l'.tticl A.'. 1',1.1 (.; th t.1i. y 1.)C:t'.rOu:tti.un 195-1." T1Ji: 1)i:11:1t't;:lt:►7t, t11 ler.!; ot)ierwiuc ;,pecifJ.':d under the LI'Ee1:AT, iTov.t:. TO 'sr.ction of thin contract :;hall determine el. tc:nt; eligibility and fut'tii:;h the Provider with :;tt'id det:c:rmt)tati.ons. The Provider :;hall furnish, upon request;, such information no may be required to 'verify thrt: client eligibility was determined in accordance with Federal, State and Dcpartmentment nl requirements. 0. Grievance and Fair Hearing Procedures Pursuant to 45 CFR, Parts 228.14 and 205.10, Provider will establish a system through which recipient:; may present grievances about the operation of the contract. Provider will advise recipients of this right to appeal denial or exclusion from the program or failure to take account of recipients' choice'of service and of their right to a fair hearing in'these respects. Whenever an applicant or .recipient requests a fair hearing, the Department will make arrangements to provide such a hearing, through its regular fair hearing process. P. Fees Pursuant to 45 CFR, Part 228.70(a)(11), no fees shall be imposed other than those set by the Department, in accordance with 45 CFR, Pal:1, 228. 62 and described in the current State of Florida Comprehensive Annual Services Program Plan for Title XX. Fees collected in compliance with the aforementioned regulations will be disposed of in a manner prescribed by the Department. 'II. The Department Agrees: To pay for contracted 'service:; according to the condi.t;tone of Attachment 1 in an amount not to exceed 1160.40 11.R • 9017 .�.�J. Sc!, t• l""'t A. Effective Date e 1. C Otlt.r:(':t :;h:11 1 1,c•i:. n " -October 1.,_._3 °Z.2..... Ut• the date oh which tilt`. colttt':tct; has been si.1 ne(1 by both parties, whichever is later. 2. This contract: .:hall 'end. on Sentcmbcr 30, 1980 • B. Termination • 1. Termination at Will This contract may be Cerminated by either party upon no less than thirty (30) days notice, with ov without cause; notice shall he 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 .(214) 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 fo. Breach Unless the Provider's breath is excused, the Department may, by written 'notice of breach to to the Provider, terminate the contract. Termin- ation shall be upon no less than twenty-four (24) . hours notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any pro - 'vision of thin contract shall not be deemed to be • a waiver of any other breach and shall not be con- strued to be a modification of the terms of the • . contract. C. Notice and.Contact The Contract 1•l:tna Get for the Department: for this contract :.; Deborah 11i cks Kahn Tl:c t'c1rc:;(:nt,:l:tvi: or tilt! ltcvlcct 1'u1• th.: ad;;t.n1:.tt•,71tton or the 1ircc;t•.tt.t under Chit; contract i:; Max Forman _ . )n the event: that d1.1'1'ot•c•nt �... _1,..... .1•.. , ra,... VePVV:;►.:ttt•ctt.A.VQZ) tl1 U execution of this cortt;t•:tGI., notice of the nttmc and address o1.' the Derr rchrr•;;r_•nt ative will be rendered in writing to the other party and raid notification attached to,originals of this contract. 1). Itcnt:t of:i ttion or Igodi.f'icaton fodific-:.t{ ons 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 revision of any applicable lags or regulations makes changes in this contract necessary. E. Name and Address of Payee The name and address of the official payee to whoa • payment shall be made:. City of P1iami.f DPparrmQnr of Leisure Services; Programs for the Handicanned: 2600 S. Bayshore Drive; P.O. Box 330708; Miami, Fla.. 33133 F. Al). Terms and Conditions Included This contract and its attachments contain all the terms and conditions agreed upon by the parties. G. Special Provisions 1. To comply with all applicable Federal and State licensing standards, and all other applicable standards, criteria and guidelines established by the Department. . 2. To tttaintaing a current record on each client served in the program whicli•includes authorization for the provision of services. • 901 7 .�i• 1� .11.. .. t 11 ... 1 .t 1 • .i �. �. .. .• - •. 1. . ..�:: �. .. .. pf't;0 r,ontx;►c;t. Lc) l)c c:xei:ttt.(:ci by thuit• ulidrIrni6nud ut't'.ci;t1:; a: t uj y •;ut.liut•.1.:;t•'t 1'It0 ;':f.I)ER STATE OF FLORIDA 1)}:I'Ait':';1:•:N'r OP I 1':A •`i'II A11II) ,I1l:}IAIl.lT'1TAT1VE SERVICliS BY: 13Y: TITLE: TITLE: 1,?ATE : '"-80 n r.•. , :.:. r A. :;UI:v:i.c.:k.•:.; i.o i:u1)c'vi:c(1 • Non -work Adult Development Trnini.nw which meets or exceeds the minimum standards as set forth in IIRS-R form 2000 A-E and all standards imposed by the grant proposal as approved bv'GrAnt Review Task Force. • D. • Manner and Location of Service Provision Developmental Traininr. to be pr.ovided'to a maximum of nine -teen (19) clients for 230 nropram days, meeting ;tnndav throu7h Friday for a minimum of six (6) hours per day at 2600 So. Bayshore Drive; P. 0. Box' 330708; Miami, Florida 33133, C. Method of Payment The Department agrees to rc'.i.m)3ur.- the provider for . 4370 units of . !lev. Training, service (s). , at an amount lot to exceed $60 800.00 This contract will be funded $8,685.71 . from Cc=•eral Revenue, $mi 114, frorr Title r.1 funds and $ 3 685.72 from other funds.. n. IronLE::pendablc property: 1. Non--c::Jcndab1 e .property is property which costs $100. 00 or more per unit and. whose life is expected to be in excess of one year or more. 2. .All :Judi property shan be listed on the prc.?erty record by description, manufacturer's Mcdel • nu:;:bei , serial number, date . of ac:;uisition and unit cost. Such property shall be inventoried annual!.,, and an inventory report shall besubmitted to the Department annually :7ith updatcS as property is obtained. Disposition of non - expendable property :.hall be,in conformance with 45 CFR, Part 74.139 (a) and (b) . 3. At no time shall the Provide .dispo: a of non -expendable property .o :cc.pt wi::h the permission of and •in accordance with instructions by the Department. 4. Upon terminatioi) of this contract, the said property ;hall be disposed of in a manner consistent .with both * Feder. al and Stat:c' rccju1at:ionr3. • 9017 eIN TrrLC F'EDI.r.AL ruND , - .TOTAL c0:I'r?'._" mom: sloo, 000 FIXED RATE CONTRACT CONTRACT BETWEEN STATE OF FLORIDA DEPARTMENT 0r HEALTH.AND F.'EHA9ILITAITIVC S: nVICES AND • CITY 0F•M AMI TIIIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative Services, hereinafter **referred to as the "Department", and City of Miami , hereinafter referred to as the "Provider". The Parties agree: I. The Provider Agrees: 1• A. To provide services at locations arid in accordance .with the conditions specified in Attachment 1. B. Federal. and State Laws and Regulations 1. To comply with Title VI *and•VII, Civil Rights Act of 1964.. 2. To ccmply with all the provisions of Section 504 of the Rehabilitation Act of 1973, Idor.discrimina- tion Against the Handicapped, as amended (45 CFR., Part 84) . 3. It is expressly understood that of substantial evidence of such discrimination, the Department shall have the right to terminate this contract for breach. upon receipt 4. To comply with the applicable provisions of 45 CFR, Part 74. 5. To meet the State and Federal standards set forth in 45 CFR, Part 228. C. Audits and Records 1. To maintain books, records and,documentc in accord- ance with accounting procedures and practices which sufficiently and pr.op'rly reflect all expenditures of funds pr.ovidcd by the Dcpartment under this contract. 2. Tc, achurc that these records shall be subject at 90 1 7 nll times to inspection, rcviOr" or audit by State personnel and other personnel duly authorized by t}1G 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 all approved subcontracts and assignments. D. Retention of Records • 1. •To retain all financial records, supporting docu- ments, statistical records, and any other documents pertinent to this contract for a period of three s (3) years after termination of this contact, or if • an audit has been initiated and audit findings have not been resolved at the end of three (3) years, the records -shall be retained until resolution of the audit findings. 2. Pursuant to 45 CFR, Part 74.24(a) and (b) , Federal auditors and persons duly authorized by the Department shall have full access to, and the right to examine any of said meterials during said period. E. Monitoring 1. To Provide periodic progress reports, including • data reporting requirements requested from the . Department and/or Federal agencies. These reports will be used for.monitoring progress or performance to determine conformity with 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 afore- mentioned service program operated by the Provider or subcontractor according to applicable regula- tions of the Federal• and State gov,crnmcnts. Said monita in j will incl.ado a.:""• to all client . records. elbk F. Intnification The Provider shall be liable, and' agrees to be liable for, and shall inc?nify, defend, and held the Depart- ment harmless from all claims, suits, judgements or damages, including court costs and attorneys fees, arising out of or in the course of the operation of this contract. G. Insurance The responsibility for providing adequate liability insurance coverage as determined by. the Department on a comprehensive basis shall be that of the Proider and shall be provided at all times during the existence of this contract. Upon the execution of this contract, the Provider shall furnish the Department with written t verification of the existence of such insurance coverage. El. Safeguarding Information Pursuant to 45 CFR, Part 205.50, the Provider shall not use or disclose any information ccnccrnin; a recipient Of services under this contract for any purpose not in conformity with the Federal and State requirements except on written con-.=nt 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 deemed essential by the Department for inclusion in the HRS Client Information System. •J. Assignments of Contracts The Provider shall not assign the responsibility of this contract to another party without prior written approval of the Department. K. Subcontracts • The Provider shall not enter into subcontracts for any .of the work contemplated under this contract without obtaining prior written approval of the Department. Pursuant to 45 C:fl, Part 225, dll subeu»cracts shall be 9017 .subject to such conditions of this contract and to anv • OPN conditions of approval that the Department shall deem necessary. Provider will he responsible for 'the performance of any subcontractor. L. Eligibility •Reimburzement shall be made only for those expenditures .incurred in the provision'of eligible services to eligible clients. Eligible services are those services specified in Attachment 1. of this contract and in the current State of Florida Comprehensive annual Services Program Plan for . Title XX, Client eligibility will be determined in the manner defined in the current ”Department of Health and Rehabilitative Services Manual for Title XX Eligibility Deter.;.inaticn 19571." The Department, unless otherwise specified under the SPECIAL PROVISIC.SS section of this contract shall deer ine client eligibility and furnish the Provider with said determinations. The Provider shall' furnish, uocn request, such information as may be required to verify that client eligibility was determined in accordance ,kith cederal, State and Departmental �e- quirements, M. Grievance and Fair Hearing Procedures Pursuant to 45 GFR, Parts 22a.14 and 205.101 Provider will estatlisn a 'Ar.s.tem through :which recipients may present grievances about the operation of the contract. Provider will advise recipients of this right to appeal denial Qr e: elusion from the progr.er: or failure to take account of recipients: choice of service and of their right to a fair hearing in these respects. Wherever an.appiicant or recipient requests a fair hearings the Department will make arrangements to provide such a hearing, through its regular fair hearing process. N. Pees Pursuant to 45 CFR, Part 228. 70 (a).(4).; no fees shall be imposed other than 'those set by thQ Departn ont, in con i.:ulce with the aforcmentiene jArgulations will be disposed of in a manner prescribed by the Department. II. The Department Agrees: To pay for contracted services according to the cdnditions of Attachment 1 in an amount not to_ exceed $40,000.00 III. The Provider and Department Idutttally Agree: A. Effective Date 1. This contract. shall begin on October 1, 1979 or the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on September 30, 1980 B. Termination 1. Termination at Will This contract may be terminated by either party upon no less than thirty (30) days nctice, with or without cause; notice shall be' delivered by. certified :nail, return receipt requested, or in person with proof of delivery. 2. Terminatien 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. Ternnin:i; i.on for' Breach Unless the Provider's breach is excused, the Department may, by written notice of breach to the Provider, terminate the contract. Termination shall be upon no less than twenty-four (24) hours notice in writing delivered. by certified mail, return receipt requested, or in person' with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any ct1.,.r br,_.ach and .-bll no" be ^cne"rue"o a modification of the terms of the contract. PIN C. Notice and Contract The Contract Manager for the Department for this contract is Wilbert Gibson The representative of the Provider responsible for the administration of the program under this contract in Max Forman . In the event that different . representatives are designated by either party after execution of this contract, notice'of the name and 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 torenegctiate this contract if Federal and/or State revision of any applicable laws or regulations makes charges in this. contract necessary. E. Name and Address of Payee The name and address of the official payee to whom payment shall .be made: City of Migpi_• ^6()Q S Pov¢hnrrrn flrivy; �. 0. Box 330703: Miami. Florida 13111 F. A11 Terra. and Conditions Included This contract and its attachments contain all the terns and conditions agreed upon by the parties. G. Special Provisions• 1. To comply with ail applicable Federal and State licensing standards, and all other applicable standards, criteria and guidelines established by the Department. 2. To maintain a'current record on each client served in the program which includes authorization for the provision of services. IN WITNE:;S THL:R OE', the parties hereto have caused this 7 pIgc contract to be Cecuted by their undersigned officials as duly authorized. PROVIDER STlt'rE OF FLORIDA DEPARTMENT OF HEALTH AND R.EIIABILITATIVE SERVICES BY: 1Y: TITLE: TITLE: DATE:. DATE: eon .once with the afore:nentiuncceegulat'_ons will be disposed of in a manner prescribed by``the Department. II. The Department Agrees: To pay for contracted services according to the conditions of Attachment 1 in an amount not to exceed $40,000.00 III. The Provider and Department Muttally Agree: A. Effective Date 1. This contract. shall begin on • October 1, 1979 or the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on Septerber 30, 1980 B. Termination 1. Termination at Will This contract may be terminated by either party upon no less than thirty (30) days notice, with or without cause; notice shallbe'delivered by certified nail, 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. Terinina.tion for' preach Unless the Provider's breach is excused, the Department may, by written notice of breach to the Provider, terminate the contract. Termination shall be upon no less than twenty-four (24) hours notice in writing delivered by certified :nail, return receipt requested, or in person' with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any cth,.,. breach and shnl 1 no`_ b^• --^,4 t be a modification of the terms of the contract. IN WITNESS T11L1;EOF, the parties hereto have caused this 7 page contract to be executed by their undersigned officials as duly authorized. STATE O:' FLORIDA • DEPARTMENT OF HEALTH AND PROVIDER REIIABILITATIVE SERVICES BY : BY: • TITLE: TITLE: • DATE: DATE: • • I. .9017 FT::i:P XCl: ATTACii:T.::T I A. Services to be Rendered Education, '1r:tinin:;, ::nd Tlt.•rclpy services to be provided which moots or exceed the sLondard:: established in 11::S-R Form 2012 (Sop 78) and the provisions oC the Grant. Proposal as accepted by the Grant Review Task Force. B. 1•'anner and Location of Service Provision POS-Educa. ioii, Training, and Therapy to be provided to a maximum of Sixtv-six (68) clients at a rate of $ $, 0 per client montn at Cif of Miami; 260.L5_ Ravahnre_Drive.. Miami, Florida 33133 C. Method of :avz.,!nt The Department hereby agrees to reimburse the provider for 800 units of Education, Training, and Therapy service(s) at $50.00 per unit. This contract will be funded $.1OT000.e0 from 'General Revenue, $ 30poQoo from.Title XX, and $ - 0 - front other funds. O_ Pew 330708 9017 'J'IT LF : x ) EDNIA7, Wnf, CO:;;'; CT. UUDt•:)t . 100, 000 ent.tmnnr't' 11c�PlJ; ^tJ STATE OP )FLORIDA • )EPARTBENT OF )I;:ALTJI •Atli) REHABILITATIVE SERVICES . • .AND CITY or t sJ,Ala • 2JIIS C01:TRACT is entered into between the State of Florida, • Department of Health and Rehabilitative Services, hereinafter referred to an the "Depart;aent't, and CITY.OF _iIA.S , hereinafter referred to as the "Provider".. The Parties agree:. I. The Provider Agrees: A. To provide services at locations and in accordance with Q the conditions specified in Attachment 1. B. Federal and.State Laws and•Regulations. 1. To co:iply with Title VI and VII, Civil Rights Act of 1964, 2. To comply with all the provisions of Section 504 Of the Rehabilitation Act of 1973, Nondiscrimina— tion Against the Handicapped, as amended (45 CFR, Part 84). 3. It is expressly understood that upon receipt .of substantial evidence of such discrimination, the Department shall have the •right to terminate this • . cont-ract 'for breach. 44. To comply with the applicable pr ovisionc of 45 CFR, Part 74. 5. To meet the State and Federal standards set forth in 45 CFR, Part 228. • • 004 'l'o maintain tioo1::;, rucorc] •stncl documents, in accord- ance with accounting procedures and practices t:htch sufficiently and properly reflect all expenditures or funds provided by the Department under this; contract. • 2. To assure that these records shall be subject at all times to i.nnpt:ct'ion, review, or audit by State • persontkcl and other personnel duly authorized. by the Department, as well. as by Federal personnel. To maintain and file with the, Department such 3. progress, fiscal, inventory and -other reports as the Department may* require within the period of .this contract. 1. To include these aforementioned audit and record - keeping requirements in all approved subcontracts • and assignments. D. Retention of Records 1. To retain all .financial records, supporting docu- ments, statiztical records, and any other documents pertinent to this contract for a period of three (3) years after termination of this contract, or if 'am .audit has been initiated and audit: findings -have not.bcen resolved at the end of three (3) • years, the records shall be retained until resolution of the audit findings.2. Pursuant to 45 CFR, Part 711.211(a) and (b), Federal auditors and persons, duly authorized by the Department shall have full access' to, and .the right to examine any of said materials during said period. 'E. Monitoring 1.• To provide periodic progress reports, including data reporting requirements requested from the Department and/or Federal agencies. These reports • -2- • elk Will bo !'QV w,n1.t.ui'int; ct•en.; or to determine conformity wit:.. intended program • purposes. • �. T _Acre...,, t:n, or to fnrni.;it whatever ini'onn;ttton is necessary to effect, this tnonitorinL. 3. To permit the Department to monitor the afore— mentioned service prograri operated by the Provider or subcontractor according to applicable regula— tions of the Federal and State governments. Said • monitoring will include access to all client; records. P. Indemnification The Provider shall be liable, and agrees to be liable • for, and shall indemnify, defend, and hold the Depart— ment harmless from all claims; suits, judgements or damages, including court costs and attorneys fees, . arising out of or.in the course of the operation of this contract. • G. Insurance - The responsit;ility for providing adequate liability insurance coverage as determined by the Department. on a comprehensive basis shall be that of the Provider and shall be provided at all times during the exi:.tcncc of this contract. Upon the execution.of this contract, the Provider shall furnish the Department with written veeifi.ca.t•ion of the existence or such insurance coverage. U. • Sa fc;;uarcl:ing Information • . Pursuant to tia CI'R, Part 205.50, 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 federal and State requirements except on written conr.ent of the recipient, or him •1•esponsib] e parent or guardian when authorized by law. I. Client Inform.ttion . • The ProviJcr :hall submit to the Department management ;MO t roi,t`,tw iL11 .t t 1. t °111141:; dr.t`Inr.d essential by the h rtment for inclusion in the; Utt:3 Client Information System. J. A:.:c.i(;Inmu:nt::. bC Contracts • The Provider shall not assign the responsibility of • . thin contract to another party without prior written approval of the Department. X. Financial Reports To provide periodic financial reports to the Depart- ment as s*pecificd in Section III, paragraph G. A Sinai expenditure report will be made to the Department within forty-five (45) clays after the termination or "this contract. L. Subcontracts • The Provider shall not 'enter into subcontracts for any . of. the work contemplated under this contract without obtaining prior written approval of the Department. Pursuant to 115 CFfl, Part 228, all subcontracts shall be. subject to such conditions' of_ this contrast- and to any • conditions of approval that the Department shall deem necessary. Provider will be responsible for the . .performance of any subcontractor. Li: Return of Funds Any funds paid by the Department and not expended for . the contracted.services shall be considered Department • funds, and shall be returned to the Department. Such fund., expended in violation of this contract shall be refunded in full to the Depa e ment, or if this contract is still in force, shall be withhold by • the Department .from any subsequent reimbursement request. ,N. Eligibility Reimbursement shall be made only for those expenditures incurred in the provision of eligible services to eligible clients. Eligible services are those 5erV.iCc3 .specified in Attachment 2. of this contract and in the current State of Florida • : • • . Cr.:;• AHor,!, N-,v, .rrt.GrAm ri.in IOC efts AX. Client eligIbillty will t. determined In the Manner definod in the current iwpartlilent or Health and Rehabilitative Services Manual for Title XX Eligibility • Determination 195-1." The Department, unless otherwise .specified underothe 3pEcAT PEOVISTONS'section cf this contract shall determine clint eligibility and furnish ' the Provider with said determinations. The Provider shall furnish, upon request,such information as may be required to verify thot client eligibility was 'determined in accordance with Federal, State and Departmentmental requirements. 0. Grievance and Fair Hearing Procedures Pursuant to 45 CFR, Parts 228.14 and205.10, Provider will establish a system through which recipients may present grievances about the operatlon of the contract. Provider will advise recipients of this right to appeal denial or exclusion from the program or failure to take account of recipients' choice•of service and of their right to a fair hearing in'these respects. Whenever an applicant or TeCipient requests a fair. hearing, the pcpartmont will make arrangements to provide 'such ahearing, through its regular•fair hearing process. Fec.s • PUrsuant to 45 CF1, Part 228.7o(a)(4), no fees shall be imposed other than those set by the Department, in accordance with 45 CFR:1'ar1,228.62 and described • in the current State of Florida Comprehensive Annu• al Services Program Plan for Titlt:.! XX. Pees collected in . • compliance with the aforementioned regulations will be disposed of in a manner prescribed by the Department. 'II._ The Department Agrees:. To pay for cont•raetcd zervicon accordlnG to the conditions of Attachment 1 in an amount not to exceed tin 668 00 • • • • IP 9.017 ' l'ht: t 11t1c•t' 1), 1).11'tttic111. tiltt.it A. 1:Cfect:ivc' Date • 1. This contract. shall. ht..G.tn on October 1, 1979 or t:hc: date on which the.contract has been signed by both partie:;, whichever in later. 2. 'This contract: shall 'end.on September 30, 1950 D. 'Termination 1.. Termination at Will • This contract may be t:erninat ed by either party upon no less than thirty (30) days notice, with or without cause; notice shail be delivered by . G' • certified mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds • In the event fund;, to.finance this contract become unavailable,. the Department may terminate the contract upon nb 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 fo: Breach Unless the Provider's. breach is excused, the 'Department may, by written notice of breach to to the Provider, terminate the contract. Termin- ation shall be upon no less than twenty-four (24) hours notice in writing delivered by eertificd mail, return receipt requested, or in person with proof of delivery. Waiver of .breach of any pro - .vision of this contract shall not be deemed to be • a waiver or any other'breach and shall not be con- strued to be a modification -or the terms of the contract. C. Notice :tnd Cont::ct • The Contract ;t:inaL;cr for the Department for this co11truc:t. is. Wilbert Ci.bson . The ehrc ac:til::►L lvc of the3`t•ctt� S.tI eiN•i::,polt::J.hle for the administration of the program under this contract i:; !lax Forman . . )n thc event that different representatives utttv:i;twoG, by ;.t'::C party •., t„r execution of this contract, notice of the name and 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 1•1odificat'..oti 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 revision of any applicable laws or regulations makes changes in this • contract necessary. E. Name and Address of Payee The nave and address of the official .payee to whom payment 5hal•1 be made: City of Miami, 2600 S. Bayshorr far vn• P. 0. Box 330708; Miami, Fla. 33133 :P. All Terms cad Conditions included This contract and its attachments contain all the terms and condition:, . agreed upon by the parties. G. Special Provisions . '1. 'To comply with all applicablc'Federal and State licensing standards, and all other applicable standards, •criteria and guidelines established •by the tienart:ment. .. . 2. To u►ai.ntni.ng a current record on each client served in 'the program which includes authorization for the provision of services. 8 pagq01100ntvnet to be executed by thois utid•:r::i(;► el ot'i'icit1:: an duly :tut:.horir.ud. • PROVIDER BY: TITLE: DATE: of STATE OF FLORIDA D131'lili'i; NT OF MALT!! AND • RE11t$JiL1TATIV1: S1':1VICES • BY: TITLE: • DATE: •w s. v .• 1 • OrN /`"'N i1'PT.YC11:1%;J7' 1 .A. Su'rvievo to Le nd er Cd Transportation•Services which meets safety codes applicable to the means of conveyance, driver selection, and licensing as determined by applicable Florida Statutes and policies. 33. Manner and Location of Service Provision Transportation services to be provided to 100 (one hundred) clients at a rate of $3.89 per client per month a City of Miami; 2600 So. Bayshore Drive; P.O. Box 33070S; fliaini, Fia. 33133 C. Method of Payment The Department agrees to reimburse the provider for 1200 units of Transportation _Service (s) , at an amount not to exceed $8.89 This contract .will be funded $ 2,667.00 from Genreral revenue, $ 001.00 from Title XX funds and $ - 0 - from other funds. D. )on-ixpc'n_d ble Propert:�' - 1. 'Non -expendable property property which costs $100.00 or more per unit and whose life is expected to be in excess 'of one year or more. 2. .All such property shi 1 be listed on the property recor i. by description, manufacturer's Model l number, serial number, date of acc'uis Lion and unit cost. Such property shall be inventoried •annual'.', and an inventory report shall be submitted to the Department annually. wi .th updates as property is obtained. Disposition of non - 'expendable property shall be in conformance with 45 CFI:, Part 74.139 (a) and (b) . • 3. 7it. no time shall the Provide:: dispose of non -expendable property.except with thc permission of anti in accordance with instructions by the Department. 4. Upon termination of this contract, the said property • shall be disposed osed of in a manner consist:ont .with both Federal and State rc,ulation. MIAMI REVIEW t� AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 9017 in the X••••X•••X•••X Court, was published in said newspaper in the issues of November 15.....J.9.7..9 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, reba e, commission or refund for e purpose of secures• hi ertisement for pu' i . 'cn in the said n Sworn tgnd ;dbtGci(ed of e9.fle lj,is 5 +...day of 4..QSI.%1T1 r...U.i�.1 •w Notary - 61 c3ti1lpir� a� l. My Com is e ch 2. •2. (SEAL) MR-93 CITY OF MIAMI, DADE COUNTY, FLORIDA • LIGAL NOTICE All interested will take notice that on the flth day of Novernber,1979, the City Commission of Miami, Florida passed and adopted the foltbw.: ing titled ordinance: ORDINANCE NO. 9017 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND EN- TITLED: "RECREATION PROGRAMS FOR THE MENTAL- LY RETARDED-(4TH YEAR)", AND APPROPRIATING OF $U1;160, COMPOSED �F 'S11T,7W YD' iE RECEIVED FROM STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND' $30,000 FROM' CITY OF MIAMI, MATCHING FUNDS FOR GRANTS; CON, TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR, FIFTHS OF THE MEMBERS OF THE CITY COMMISSION. RALPH G. ONGIE CITY CLERK ' °�� CITY OF MIAMI, FLORIDA Publication of this Notice on the 15 day of November 1979 11/15 M79-111539