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Resolution 78-15719 RESOLUTION NO. 78-15719 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR THE PURCHASE OF SERVICES BETWEEN THE CITY OF MIAMI BEACH (OPERATION RE-ENTRY) AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, FOR RECEIPT OF GENERAL REVENUE FUNDS UNDER CHAPTER 397 .12 , FLORIDA STATUTES. WHEREAS, on September 7 , 1977 , the City Commission of the City of Miami Beach adopted Resolution No. 77-15429 , which authorized the execution of an agreement with the State of Florida for receipt of General Revenue Funds, under Chapter 397 . 12 , Florida Statutes, which is also known as the Baumgartner Act, and WHEREAS, the City of Miami Beach has been requested, for the second year, to enter into an agreement with the State, under the same authority, whereby Operation Re-Entry will provide Day Care Services to juveniles who are referred to the program by order of a Juvenile Court Justice or a Juvenile Court Probation Officer, and WHEREAS, the State will pay the City $2 . 00 per day for each day that said juvenile remains in treatment at the Operation Re-Entry Program, to a maximum of $5, 400 to be paid to the City for said services during the course of the State' s Fiscal Year, and WHEREAS, said Agreement for the Purchase of Services, a copy of which is attached hereto and made a part hereof, as herein described, has been approved as to legal form and sufficiency by the City Attorney; and the City Manager has recommended that the City enter into same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver said Agreement for the Purchase of Services with the State of Florida Department of Health and Rehabilitative Services, to receive funding for the City of Miami Beach Operation Re-Entry Program under the State of Florida Baumgartner Act. PASSED and ADOPTED this 20th day of September , 1978 . 41'44 ayor Attest: City Clark OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 -574-711 ' U • CON i RACT FOR GENERAL REVENUE FUNDS j,�_ AS AM-HU /SD 1/-CI) by CI IAP i f.R 397. 1? FLORIDA Si ATUTES t""'"t SLATE OF n.ORIHA DEI'AR1MI NT OF HEALTH AND REIIAUILITAI 1VE SERVICESW �. AGRLU1LNT FOR THE PURCHASE OF SERVICES THIS AGREEiIENT entered into this _1st - day of July -- , 1978 , and between the State of Florida , Department of, Health and Rehabilitative Serivces , hereinafter referred to as the "Department" , and Operation Pe-Entry - _ hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the Department, by authority granted in Chapter 397.12, Florida Statutes , administers State funds for Drug Abuse Treatment and Prevention, and WHEREAS, the Department wishes to purchase certain services from the Provider under the provisions of Chapter 397.12, Florida Statutes. It is therefore, in consideration of the mutal undertakings and agreements hereinafter set forth , agreed between the Department and Provider as follows : 1. THE PROVIDER AGREES: A. TO PROVIDE services consistent with theprovisions of Chapter 397.12, Florida Statues , (Baumgartner Act) . B. TO PARTICIPATE in the data reporting system established for the Title XX funding program in order to receive any funding under the terms of this•"agreement. The Provider also agrees to comply with rules , regulations , guidelines , and instructions established by the Department of Health and Rehabilitative Services for the Title XX funding program. C. TO PROVIDE these services in Dade County , Florida , and D. TO COMPLY with all state licensing standards described in Departmental Rules and Regulations Chpater 10E-7 . Further, the Provideragrees to adhere to Federal guidelines as published in 45 CFR 228 relating to Title XX services. . PD'1IID - 6-1-78 E. TO ACT as an independent contractor and not as an employee of the Department in operating the aforementioned services. Provider shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the Department harmless , for all claims , suits , judgements , or damages arising from the operation of the aforementioned services during the course of this agreement. F. ANY FUNDS expended in violation of this agreement or in violation of appropriate Federal and State requirements , or any funds claimed by the Provider which are determined by the Department to be in violation of appropriate State or Federal Guideliens shall he refunded in full to the Department or if this agreement is still in force shall be withheld by the Department from any sub- sequent compensation request. G. TO RETAIN all fiscal and client books , records , or other documents relative to this agreement for three (3) years after final payment or until audited by both State and Federal persons duly authorized by the Department. These persons. shall have full access to, and the right to examine any said materials during said period. H. TO COMPLY WITH Title VI and VII , Civil Rights Act of 1964, and Executive Order 11246. 1. That there will be no discrimination against any employee or person served on account of race, color, sex, religious background, ancestor . or national origin in the performance of this contract. 2. That the Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 200d) in regard to persons served. • 3. That the Contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 200e) in regard to employees or applicants for employment. The contractor will , in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state • 2 • that, all qualified applicants will race.ive consideration for employ- ment. wi (hurlI, regard Lo race, color, religion, sex, or national origin. • 4. lt .is expressly understood that upon receipt of evidence of discrimina- tion, the Department shall have the right to terminate said contract. The Contractor will -grant access and submit to the Department, upon - request, such compliance and .certification reports as may be necessary to indicate nondiscrimination. 5. That the Contractor shall include these Civil Rights Act requirements in all approved subcontracts. I . The Provider will determine client eligibility for Title XX services in compliance with HRS Manual 55-1 "Title XX: Eligibility Determination," and all subsequent revisions thereto. • J. The Provider agrees not to charge a fee for Title XX services to any client eligible for such services. • III,. THE`DEPARTMEUT AND PROVIDER MUTUALLY AGREE: - , A. THAT THE effective date upon which purchase of services under this agreement shall begin shall be the 1st day of July 1978 , and shall conclude on the 30th day of June, 19 B. THAT THIS agreement is subject to the availability of funds to finance the same and to the successful operation of the aforementioned program being offered in accordance with its terms. C. The total cost for this contract shall be for $.5,400__ ___ __ _ payable in the form and manner described by the Department and consistent with the ' providers adherence to the following scope of work. 1 . Provide residential treatment services to clients referred from the Criminal Justice System pursuant to Chapter 397.12, 3 - / totali ng None -- treatment days during the course of the contract. 2. Provide non-residential treatment services to clients referred from the Criminal Justice System, pursuant to Charter 397.12, totaling ___._2700 treatment days during the course of the • contract. - 3. Provide in-depth counseling to all referred clients as identfied in the client record. 4. Provide educational service to each referred client. 5. Provide medical care to referred clients on as-needed basis. 6. Provide opportunities for job training or job placement to all • referred clients. 7. Provide family planning and family counseling on an as-needed basis. 8. Provide client seen in an outpatient setting a minimum of 1 hour per da.y •of counseling at the center on 3 separate days during the • week. D. NAV OF PAYEE : THAT the name of the official payee to whom the, program shall issue checks shall be Operation Re-Entry 3602 Collins Avenue, Miami Beach, Florida 33140 MAILING ADDRESS E. THATBernard Baron shall be identified as Project Director and as such shall be responsible for the performance and provisions of this agreement. He/she is empowered to act hereunder as specified . in the provisions of the Florida Statutes 397. 12 where the term Project Director is used. • 4 f. Ri:NLO011A11O:1 01: MODII ICAI1(YI: llil. parties agree to renegotiate this contract if ieder'al or State regulations should r'e'quire changes. G. TLi;NiNATI01: 1Hls agreement or part of this agreement may be termin- ated by either party at any time, upon no less than ten (10) days notice in writing to the other party. Said notice shall he delivered by certified mail, telegra;n, or in person. II. ALL TERMS AND CO`1DITIQ'7S INCLLI)ED IN CONTRACT: THAT this agreement contains all the terms and conditions agreed by the parties. No other agree- ments, oral or otherwise, regarding the subject matter of this agreement, shall - be deemed to exist or to bind any of the parties hereto. I. THE SERVICE PROVIDER shall submit., to the Depart;,:ent of Health and Rehabilitative Services, management and program data, including client identi- fiable data, as deemed essential by the Department for inclusion in the FIRS . Client Information System. Ilo'iever, no submission of client identifiable data shall be required until the Dep.3rtment states in writing to the provider that the HRS Client Information System provides clients the full confidentiality protection provided by law. I'I 1.11(1ULSS WHEREOF, The parties 'hereto have causedthis agreement to be executed by their officials thereunto duly authorized. FOR PROVIDEP• PERSON UiTHORI7_ED -0 SIGN DATE: - Se - By: --- ATTEST: __ - agar- -_ ATTEST: 'f-t— • APPROVED BY: DATL: ---------- ------------------.-------- ------ District Administrator, --' District ---- . 5 ORIGINAL RESOLUTION NO. 78-15719 (Authorizing execution of agreement for purchase of services between CMB--Opera- tion Re-Entry, and State of Florida Department of Health and Rehabilitative Services,for receipt of General Revenue Funds under Chapt.397. 12, Fla.Statutes)