Resolution 79-15810 RESOLUTION NO . 79-15810
A -RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH AUTHORIZING THE EXECUTION OF
ADDENDA TO CONTRACT FOR DRUG ABUSE TREATMENT
WITH STATE OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES .
WHEREAS , on September 20 , 1978 , by Resolution No . 78-15719 ,
the City Commission authorized the execution of an Agreement for
Drug Abuse Treatment with the State of Florida , Department of
Health and Rehabilitative Services , and
WHEREAS , said Agreement was duly executed and returned
to the State , and
WHEREAS , the State returned the Agreement to the City
with an Addenda thereto of proposed standard amendments , which
are deemed sufficiently material by the City Attorney to require
Commission approval , and
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WHEREAS , said Addenda to the Agreement for the Purchase
of Services , copies of which are attached hereto and made a part
hereof , as herein described , have been approved by the City
Attorney as to legal form and sufficiency ; and the City Manager
has recommended that the City enter into the 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 Addenda to the original 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 3rd day of January , 1979.
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Attest :
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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40 FLORIDA 33139
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OFFICE OF THE CITY MANAGER CITY HALL
GAVIN W.O'BRIEN 1700 CONVENTION CENTER DRIVE
CITY MANAGER47291TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE: January 3, 1979
TO: Dr. Leonard Haber, Mayor and
Members of the i y Commission
FROM: avin W. O'Brien
City Manager
SUBJECT: CONTRACT FOR DRUG ABUSE TREATMENT WITH STATE OF FLORIDA, DEPARTMENT
OF HEALTH & REHABILITATIVE SERVICES AND METRO DADE COUNTY COMPRE-
HENSIVE DRUG PROGRAM (ADDENDA)
The City Commission authorized the execution of the original
Agreement referred above on September 20, 1978. (Resolution
#78-15719) . This contract was duly executed and forwarded to
the State. The State has subsequently returned the Agreement
with proposed standard amendments thereto. These amendments,
which are attached, are deemed sufficiently material by the
City Attorney to require Commission approval.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Commission authorize
the execution of the addenda to the original Purchase of
Service Contract with the Department of Health & Rehabilitative
Services and Metro Dade County Comprehensive Drug Program.
GWO:WEM:rs
Attachments
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AGENDA
ITEM e"S`Q`
DATE 3+
CITY OF MIAMI BEACH
TO: Gavin W. O'Brien, City Manager DATE: December 7, 1978
FROM: Joseph A. Wanick, City Attorney
SUBJECT: Amendment to Agreement for Operation Re-Entry
On September 20, 1978, the City Commission authorized
the Mayor and City Clerk to execute an agreement with the
State of Florida and Dade County for the conduct of
"Operation Re-Entry". The authorized agreement, duly
signed and executed by the Mayor and City Clerk., was then
forwarded to the State. The State, instead of executing
the agreement, returned the agreement -to the City with a
proposed amendment thereto.
This proposed amendment changes in some material aspects
the contract originally authorized. For example, it
requires the City to furnish such further "management and '
program data" which may be requested by the State; and
requires the City to give further information to the .
State concerning "clients" .
I deem these proposed changes sufficiently material
so as to require Commission approval to these proposed
amendments even though there may be differences of
opinion as to the degree of materiality.
I, therefore, recommend these proposed changes be placed
on the agenda for the next Commission meeting.� )
JAW:pc 015
Attachments
cc: Elaine Matthews •
Bernard Baron
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AGENDA r ,
ITEM 4. R"•C: m
DATE If•3 A 19
• Contract I.D. is
• CONTRACT FOR DRUG ABUSE TRFATMENT
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICE
ADDENDUM
THIS AGREEMENT entered into this 26 day of Oct. , 1978
modifies the existing contract # between the State of
Florida, Department of Health and Rehabilitative Services, and Metropolitan •
Dade County Comprehensive Drug Program to include the following additions:
1. Persuant to requirements of 45CFR, Part 74, the Contractor
shall maintain a cost,.allocation plan that includes time and •
attendance records by funds• source, of each employee assigned
to more than one funding source.
2. The Contractor agrees to deliver to the Department a copy of
the most recent certified public audit of their 1977-78
Statewide Services Subcontract, and provide for a certified
public audit to be performed during this contract period.
This agreement shall be effective .on the ..266 day of 0• ,1978.
FQt PROVIDER: PERS'011 AUTHORIZED TO SIGN
ro
DATE: BY:�
TITLE:
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APPROVED BY:
Date:. . •
District Administrator, District XI
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., .. ... •. I tit?u"Y;;:;7(K
•41 II Contract I.D.$
carrrocr FOR DI33G ABUSE TREATi4MIT
DEPAIMENr OF HEALTH AND Not • : ■ • IVE SERVICES
ADDDIDUR
THIS Liwnd MIT entered into this ' 26 day of _ Oct. 1978
modifies the existing contract A between the State of
Florida, Departh ent of Health and Rehabilitative Services, and Metropolitan
Dade County Comprehensive Drug Program to include the following additions:
1. The service provider shall submit to the Department,
management and program data as deemed essential by
the Department for inclusion in the HRS Client
Information System. However, for FY 1978-79 no client
identifying information, such as the client's name,
address and social security number, shall be submitted
to the Department by the provider, except with the
written informed consent of the client, and no person
shall be denied treatment because of refusal to provide ,
• such informed consent.
2. The provider shall inform all clients servedunder the
provisions of this contract of the right to give written -
informed consent to the inclusion of client identifiable
data in the HRS Client Information System (CIS) . The •
provider shall inform such clients of their right to
furnish or not furnish such consent and shall provide
such clients a Client Information System Informed.
Consent Form, a copy of which is appended to this contract.
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3. The Departnent shall make available to the provider a
sufficient number of forms for each of the clients and
the provider shall be responsible for distributing the
forms to, and collecting them from, the clients and
promptly furnishing the executed forms to the Depart-
ment.
epartment. No other form shall be used to accomplish the •
purposes provided for herein and neither the provider
nor its designee shall in anyway alter the appearance
of the form. The provider agrees to exercise the highest
degree of care and good faith in protecting the clients!
right to make the informed consent decision free from any
influence, coercion, suggestion or direction of any other
person to the end that the clients' decisions shall be
their own, freely and voluntarily made. Failure of the
provider to provide clients with this form; failure to
furnish executed forms to the Department within a reasonable
time; any conduct by the provider (including alteration of
the form) which has the effect ofinfluencing, coercing or
• directing the client to refuse, or suggesting that the
client refuse, to give his or her written informed consent
or. prevents the client fran making such a decision freely.
and voluntarilyshall constitute a breach of contract justifying
termination thereof. Such•conduct directed to a parent or
guardian for the purpose prescribed above shall also constitute
. a breach of contract. , . ,
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CONIRACT FOR GENERAL RLVENUE FUNDS
AS Aurooman BY COMER 397. 1? rumm S1A1U1ES
mu or El ORIDA
DEPAR1MINI OF HEALTH AND REHABILITAlIVL SERVICES
AGRLEMLN1 FOR 111E PURCHASE OF SERVICES
THIS AGREEMENT 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 Re-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:
I. THE PROVIDER AGREES:
A. TO PROVIDE services consistent with the provisions of Chapter *.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.
_ adCounty
C. TO PROVIDE these services in De , Florida, and .
D. TO COMPLY with all state licensing standards described in Departmental
Rules and Regulations Chpater 10E-7. Further, the Provider agrees to adhere to
federal guidelines as published in 45 CFR 228 relating to Title XX services.
PDMHD - 6-1-78
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AGENDA
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 FUUDS expended in violation of this agreement or in violation of
appropriate Federal and State requirements, or any funds claimed by the Provider
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which are determined by the Department to be in violation of appropriate State .
or Federal Guideliens shall be 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. .
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1. That there will be no discrimination against any employee or person ,
served on account of race, color, sex, religious background, ancestor
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or national origin in the performance of tills 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 Tit.le VII of. the Civil Rights -
•
Act of 1964 (42 USC 200e) in regard to eniployees or applicants for
employment. The contractor ►•rill , inall solicitations or advertise-
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ments for employees placed by or on behalf of the Contractor, state
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that .t 11 qualified dppl i c a Ls will receive consideration for employ-
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moil without regard to race, Color, religion, sex, or ilii Lional
origin.
4. It .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''DEPARTMEiIT AND PROVIDER MUTUALLY AGREE:
A. THAT THE effective date upon which purchase of services under this
agreementshall begin shall be the 1st day of Jul ,
1978 , and shall conclude on the 30th day of June, 19 79____.
B. THAT THIS agreement is subject to the availability of funds tofinance
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,�l00payable
in the form and manner described by the Departmentand 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', .
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• 1 totaling None .. . trea tern t days dur i ne the course of the
contract.
2. Provide nem-residential treatment services to clients referred
from the Criminal Justice System, pursuant to Chapter 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 day of counseling at the center on 3 separate days during the
• week. -
D.. NAME OF PAYEE: THAT the name of the official payee to whom the
program shall issue checks shall be Operation Retry
3602 Collins Avenue, Miami Beach, Florida 33140 ,
i AILING ADDRi SS - j
. E. THAT Bernard 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 rlorida Statutes 397.12 where the, term Project Director •
is used. .
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r. WILC0I 1A1101 OR l•10011 ICA1101: 110. pdrties (wee to renegotiate
this contrite!. if Federal or State mutilations should ronuire changes.
G. 71:1;1INATIOI: 1111S 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 pJrty. Said notice shall be delivered by certified mail ,
telegram, or in person.
11. ALL TERMS NM CONDITIVIS INCLUDED IN CONTRACT: THAT this agreement
contains all the terms and conditions agreed by the parties. No other agree-
merits, oral or otherwise, regarding the subject matter of this agreement, shall
be deemed to exist or to bind any of the parties hereto. •
I. 711E 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. Iltylever, no submission of client. identifiable data
shall be required until the Depriment states in writing to the provider that „
the FIRS Client Information System provides clients the full confidentiality
protection provided by law.
Il 1.11(111ESS WHEREOF, The parties hereto have caused this agreement to
be exeiuthd by their officials thereunto duly authorized.
FOR PROVIDE, • PERS01 LITHORIZED 0 SIGN •
DATE: je.ptpm§er10_2 By: • a..
. _
ayor
ATTEST: .
t pric
APPROVED BY:
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DAT I.:
District Administrator, District
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FF
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
f'.
WHEREAS, the State will pay the City $2.00 per day for
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each day that said juvenile, remains in treatment at the Operation
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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 i 1
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..
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ayor
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Attest:
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City Clerk '
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`•`.., 31 r .
AGENDA
1 TEM C:S-C
DATE -5-9
OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE •MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 79-15810
(Authorizing execution of addenda to con-
tract for Drug Abuse Treatment with State
of Florida, Dept. of Health and Rehabili-
tative Services)