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RESOLUTION 92-20480 RESOLUTION NO. 92-20480 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY TO PREPARE AND SUBMIT AN APPLICATION FOR CONTINUED FUNDING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITA- TIVE SERVICES (HRS) , FOR SUPPORTED EMPLOYMENT TRAINING OF DEVELOPMENTALLY DISABLED (MENTALLY RETARDED) ADULTS, AND TO APPROPRIATE FUNDS AND EXECUTE A CONTRACT FOR THE FINAL GRANT AWARD IN THE FORM ATTACHED HERETO, IN ACCORDANCE WITH THE GRANT PERIOD AND THE AMOUNT NEGOTIATED WITH HRS. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, the State of Florida, Department of Health and Rehabilitative Services (HRS) is desirous of having the City of Miami Beach apply for continued funding to provide supported employment training for developmentally disabled (mentally retarded) adults; and WHEREAS, the City is desirous of submitting an application for continued funding, in order to provide essential support and services to developmentally disabled (mentally retarded) adults in the estimated amount of $37 , 750 for the period of July 1, 1992 , through June 30, 1993 ; and WHEREAS, the City has been successfully operating these programs since 1983 and wishes to continue to provide these essential services; and WHEREAS, the City will prepare the budget in accordance with the applicable grant period and the amount negotiated with HRS; and WHEREAS, it is necessary that such funds be appropriated for the final grant award; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: 1) the Administration be authorized to prepare and submit an application to the Department of Health & Rehabilitative Services (HRS) in accordance with the grant period and the amount negotiated with HRS, and 2) the funds be appropriated for the final grant award; and that the Mayor and the City Clerk be authorized and directed to execute the contract in the form attached hereto, in order to provide supported employment training for up to seven (7) developmentally disabled (mentally retarded) adults at the 7' ami Bt:ach Activity Center. PASSED AND ADOPTED THIS 8th, day of April 1992. vt YOR ATTEST: NA CAA CAd‘44 c . FORM APPROVED CITY CLERK LEGAL DEPT. Date -0/9i- , t CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 .(1:1 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM Zi NO. DATE: April 8, 1992 TO: Mayor Seymour Gelber an'`i Members of the City `.;ommission FROM: Roger M. Canto tit j6/tAi - City Manager ' TWO (2) RESOLUTIONS OF THE CITY COMMISSION OF THE CITY OF SUBJECT: MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY TO PREPARE AND SUBMIT ,TWO (2) SEPARATE APPLICATIONS FOR CONTINUED FUNDING LiP . TWO (2) SEPARATE GRANTS FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) AS FOLLOWS: ONE (1) APPLICATION FOR AN INDEPENDENT LIVING SKILLS TRAINING PROGRAM AND ONE (1) APPLICATION FOR THE SUPPORTED EMPLYVMENT TRAINING PROGRAM BOTH DESIGNED TO BENEFIT DEVELOPMENTALLY DISABLED (MENTALLY RETARDED) ADULTS, AND TO APPROPRIATE FUNDS AND EXECUTE CONTRACTS FOR THE FINAL GRANT AWARDS, IN THE FORM ATTACHED HERETO, IN ACCORDANCE WITH GRANT PERIODS AND AMOUNTS NEGOTIATED WITH HRS ESTIMATED AT $225,315. BACKGROUND Since 1983 , the City's Miami Beach Activity Center (MBAC) , located at 8128 Collins Avenue, contiguous to the Log Cabin Nursery, has operated an HRS program entitled Developmental Training (independent living skills training) designed to benefit developmentally disabled (mentally retarded) adults. This mental retardation program is administered by the City's Department of Economic & Community Development. Clients participating in this program are referred from either Health & Rehabilitative Services (HRS) or sponsored by their own families. Participants in this program are limited to forty (40) . The program strives to teach its clients basic living skills, which will allow them to become self-reliant and no longer entirely dependent upon welfare and social service agencies for their sustenance. Skills taught as part of the curriculum include personal hygiene, housekeeping, cooking, gardening, interview techniques, etc. Hot only does the program teach and prepare its clients for these roles, but daily transportation to the site is also provided by various means such as City vans, Metro-Dade Transit, and p:.:•ivate transportation operators. The successful graduate of the program is then able to maintain a household and engage in meaningful employment. In 1989, the City's MBAC also become involved in another HRS program for developmentally disabled (mentally retarded) adults entitled Supported Employment. Participants in this program are limited to seven .7( ) This program focuses exclusively on preparing and training clients to assume jobs utilizing the skills 19 AGENDA R.:7- ITEM DATE 9-4 g-9,20 ti + COMMISSION MEMO APRIL 8, 1992 RAGE 2 already learned under the Developmental Training Program, detailed above. Both of these programs, while funded separately, are intricately linked together. A counselor makes the initial contact with a prospective employer to secure potential positions for graduates of the program and then matches a client's skills and abilities with the job duties and responsibilities required by the position. Follow-up and progress reviews are conducted by the counselor to. ensure that the client is able to perform on the job effectively. Therefore, annually, the City must apply to HRS for continued funding of these two programs, as these grant awards are not guaranteed from year to year, nor are funds automatically allocated to the City. As such, two (2) grant applications must be prepared which include narrative program descriptions and proposed operating budgets for each program (independent living skills training and supported employment training) . Presently, the City provides services for u? to forty-seven (47) developmentally disabled (mentally retarded) adults. HRS has tentatively informed the City that it will consider grant requests for $187,565 under the Developmental Training Program and $37,750 under the Supported Employment Training Program. These amounts are consistent with our current level of funding. Combining these programs, results in a total grant request of $225, 315 for Fiscal Year 1992-93 to fund the MBAC. While over one-half of the Center's operating budget is provided by HRS, the remaining is supported by a federal Community Services Block Grant, the donations of private clients, and the City. Funding at this level will allow the City to continue providing these services for up to forty-seven (47) developmentally disabled (mentally retarded) adults. The program period begins on July 1, 1992 and ends on Jur CO, l9 , ccii.cide with the State of Florida's fiscal year. HRS requires that the City adopt Resolutions which demonstrate the Commission's approval to apply to the State of Florida - Department of HRS, for the provision of continued funding for these two (2) essential programs. After our grant applications have been reviewed with HRS and approved, a final contract for each program, similar in form to the contract attached hereto, will be presented for execution by the Mayor and City Clerk. ADMINISTRATION RECOMMENDATION The Administration recommends adoption of the two (2) Resolutions which authorize the preparation and submission of two (2) grant applications to HRS; appropriation of funds for the final grant award; and authorization for the Mayor and City Clerk to execute the two (2) corresponding contracts. • RMC:STP:DJJ • 20 . Contract No. 711/82 STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES STANDARD CONTRACT "NIS CONTRACT is entered into between the State of Florida,Department of Health and Rehabilitative Services,hereinafter referred to as the'department', and hereinafter referred to as the'provider'. THE PARTIES AGREE: THE PROVIDER AGREES: 2. To permit persons duly euthorized by the department to inspect any racoma, papers, documents, facilities, goods and services of the A. To provide services according to the conditions specified in provider which are relevant to this contract, and/or interview any Attach trent(s) clients and employees of the provider to be assured of satisfactory performance of the terms ana conditions of this contract. Following B. Federal Laws and Regulations 1. if this contract contains fadersl funds, the provider shah comply with such inspection the department will deliver to the provider a list of its the provisions of 45 CFR, Part 74,and/or 45 OFR. Part Q2,and other comments with regard to the manner In which said goods or services applicable regulations as specified in Attachment are being provided. The provider will reify all noted deficiencies provided by the department within the specified period of time set 2. if this contract contains federal funds and is over $100,000, the forth In the comments, or provide the department with a reasonable provider shall comply with ail applicable standards, orders, or and acceptable justifoation for not correcting the noted shortcomings, regulations issued unoer Section 300 of the Clean Air Act,as amended The provider's failure to correct or justify within a reasonable time as (42 U.S.C. 1857(h) et see.), Section 508 of the Clean Water Act, as specified by the department may result in the withholding of amended (33 U.S.C. 1368 et seq.), Executve Order 11738, and payments, being deemed in breacn or default, or termination of this Environmental Protection Agency regulations (40 CFR Part 15). The contract provider shall report any violations of the above to the department. F. Indemnification 3, If this contract contains federal funding in, excess of $100,000, the 1. 4 at provider agrees to be liable for all claims, suits, Judie-lents, • provider must, prior to contract execution, complete the Certification d gas,including court costs and attorney's fees,arising tut o ' e Regarding Lobbying form, Attachment , it a Disclosure of negiig y or intentional acts or omissions •. the provider, a Its Lobbying Activities form. Stanciard Form LLL, is required, it may be agents, •ntractors,and employees,in Pe course of th peration obtained from the contract manager. All disclosure forms as required of this con . Further, the provid --tees to -emnify the by the Certification Regarding Lobbying form must be completed and department ag •st all claims, , d•men -, or damages, returned to the contract manager. including court co, and attorney' sea, -in- tut of the negligent Audits and Records or intentional acts or isslons the p. 'der, and Its agents, !. To maintain books, records, and documents �n�uding electronic subcontractors,and empi•� `j:�,In� co - of the operation of this contract. Also.the provid tI•rass to •*fend the department, upon storage media) in accordance with generally accepted accounting reoeivin timelywritten roti n ••tri the department, against ail procedures and practices which sufficiently and properly reflect all g ' revenues and expenditures of funds provided by the department claims,suits,judg , o d g`. including costs and attorney's under this contract. fees,arising out of ' e n ig- or into • al acts or omissions of the provider - : - - --contractors,as'i-employees,In the course 2. To assure that these records shall be subject at all reasonable times to of the o• do •• = s contract. Where e provider and the Inspection. review, or audit by state personnel and other personnel deg - •- oint negligent acts, the ps ider shall not be duly authorized by the department,as well as/by federal personnel, liable for nor any obligation to defend the partment with 3. To maintain and file with the de¢autrner�t such progress, fiscal and respect to cif the joint negligent act corned by the department. Inventory reports as specified in Attachment , and othdepartment. to no event shall the provider be liable foto ave any reports as the department may require within tae riod ;# this er ont�at-i to defend the department against such claims, uits, contract. Such reportin requirements must be reasonable given the )id ` ants, or damages,including costs and attorney's tees, an:'• eco and P u ore of this o�ntract. • of the sole negligent acts of the department. 4. To provide a financial and compliance audit to the department as 2. My provider who is a state agency or subdivision, as defined In specified in Attachment and to ensure that ail related party section 758.28, Florida Statutes, agrees to be fully responsible for its transactions are disclosed to the auditor. Additional audit negligent acts or omissions or intentional tortious acts which result in bairns or suits against the department,and agrees to be liable for any requirements we specified in Attachment I, Special Provisions, camages proximately caused by said acts or omissions. Nothing Section herein is intended to serve as a waiver of sovereign immunity by any 5. To include these aforementioned audit and record keeping provider to which sovereign immunity applies. Nothing herein shall requirements in all approved subcontracts and assignments. be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any 3. Retention of Records 1. To retain all client records, financial records, supporting documents, contract. The provider agrees that it Is an independent contractor of the department and not an agent or employee. statistical records, arid any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years G.Insurance after termination of this contract,or it an audit has been initiated and 1. To provide adequate tiability.insurance coverage on a comprehensive audit findings have not been resolved at the end of five (5)years,the basis and to hold such liability insurance at ail times during the records shall be retained until resolution of the audit findings. existence of this contract. The provider accepts full responsibility for 2. Persons dui authorized bythe department and federal auditors, identifying and determining the type(s) and extent of liability pursuant to 45Part 92.42(e 1 and shall have full access to insurance necessary to provide reasonable financial protections for GFR. )� ) t ), the provider and the clients to be served under this contract. Upon and the right to examine any of said reooras and documents during , the execution of this contract, the provider shall furnish the said retenon period or as long as records are retained,whichever is department written verification supporting both the determination and later. existence of such insurance coverage. Such coverage may be Monttortng provided by a self-insurance program established and operating 1. To provide reports as specified in Attachment . These uric If the laws of the State of Florida. The department reserves the reports will be used for monitoring progress or pe ormance of the righ to require additional insurance as specified in contractual services as specified in Attachment A'z: hment where appropriate. . 711192 2. if the provider is a state agency or subdivision as defined by 0.Purchasing section 768.28, Florida Statutes, the provider snail furnish the 1. PRIDE department,upon request,written verification of liability protection in it Is expressly understood and agreed that any articles which are the accordance with section 75828, Florida Statutes. Nothing herein subject of, or are required to carry out this contract shall be shall be construed to extend any party's liability beyond that purchased from Prison Rehabilitative industries and Diversified provided in section 768.28,Florida Statutes. Enterprises, moo. (PRIDE) identified under Chapter 948, Florida subsections s�8=51 St2)and (4),Florida Statutes. For purposes of this Statutes,in the same mannerand under the procedures set forth in H. Safeguarding InformationNot to use or disclose any information concerning a recipient of services contract for any purpose not in conformity with the state contract, the person, firm, or other business entity carrying out the ander this,� sand federal regulations (45 CFR. Pas!203.50 except upon provisions of this contract shall be deemed to be substituted for theheregale on 0p° oepartrrent insofar as dealings with PRIDE. This clause is not written consent of the recipient, or his responsible parent or guardian applicable to any subcontractors, unless otherwise required by law. when authorized by law. M abbreviated list of products/services available from PRIDE may 1. Cent information be obtained by contacting PRIDE'S Tallahassee branch office at(SO4) To submit management, program, and client Identifiable data, as 487.3774 or SunCom 277.3774. specified by the department in Attachment 3 2. Procurement of Products or Materials wtth Recycled Content .1. Assignments and Subcontracts Additionally,it Is expressly understood and agreed that any products 'o neither assign the responsibility of this contract to another party nor or materiais which are the subject of,or are required to carry out this subcontract for any of the work contemplated under this cort.,,, 1 contract shall be procured in accordance with tahe provisions of without prior written approval of the department. No such approval by section 403.7055,Florida Statutes. the department of any assignment or subcontract shall be as•med in i�. civil R tion any event or in any manner to provide for the inaurrenoe of any 1. The provider gives this assurance in consideration of and for the obligation of the department in addition to the total dollar amount purpose of obtaining federal grants, loans, contracts (except agreed upon In this contract. All such assignments or subcontracts shall contracts of insurance or guaranty), be subject to the conditions of this contract (axaept Section I, _ 0 iY)► property, discounts, or c 'r Paragraph 0.1.) and to any conditions of approval that the department federal flnar►ot� sssigtanoe to programs or activities rootivin �r shall deem necessary. =triplet* from federal financial assistsnoe. The provider agree to complete the Civil Rights Compliance Questionnaire,HRS Forms?46 K. Financial Reports A and B.tf so requested by the departme"•. `o provide financial reports to the department as specified In 2. The provider assures that n will comply velars: Attachment a. Title V1 of the Civil Rights Act of 1964, as amended, 42 U.S.C. L. Return of Funds 2000d et seq.,which prohibits discrimination on the basis of race, ;. To return to the department any overpayments due to unearned color, or national origin in programs and activities receiving or funds or funds disallowed pursuant to the terms are this contract that benefiting trom federal financial assistance. ware disbursed to the provider by the department. The provider shah b. im Son 504 of the Rehabilitation Act of 1973, as amended. return any overpayrnent to the department within forty (40) calendar ii U.S.C.794, which prohibits discrimination on the basis of days after either discovery by the provider, or notification by the handicap in programs and activities receiving or benefiting from department,of the overpayment in the event that the provider or its federal financial assistance. independent auditor discovers an overpayment has been made,the provider shall repay said overpayment within forty(40)calendar days c. Title CX of the Education Amendments of 1972, as amended, without prior notification from the department. In the event that the 20 U.S.C. 1681 et seq.,which prohibits discrimination on the bass: department first discovers an overpayment has teen made, the of sex in education programs and activities receiving or benefitin5 department will notify the provider by latter of such finding. Should from federal financial assistance. repayment not be made in a timely manner, the department will d. The Age Discrimination Act of 1975,as amended, 42 U.S.C. 6101 charge interest of one (1) percent par month compounded on the et seq., which prohibits discriminatkm on the basis of age in outstanding balance after forty (40) calendar cays after the date of programs or activities receiving or benefiting from federal financial notification or discovery. assistance. 2. For state universities,should repayment not be made within forty(40) s. Simon 6.54 of the Omnibus Budget Reconciliation Act of 1981,as calendar days after the date of notification,the department will notify amended, 42 U.S.C.9849, which prohibits discrimination on the the State Comptroller's Office who will then enact a transfer of the basis of race,creed,color,national origin,sax,handicap,political amounts owed from the state university's account to the account of affiliation or beliefs in programs and activities receiving or HRS. benefiting from federal financial assistance. M.Incident Reporting 1. All regulations, guidelines, and standards as are now or may be 1. Client Risk Prevention lawfully adopted under the above statutes. if services to clients will be provided under this contract,the provider and any subcontractors shall. in accordance with the client risk 3. The provider agrees that compliance watt this assurance aonsti.,utes prevention system, report those reportable situations listed In a condition of continued receipt of or benefit from federal fina: offal HRSR 215-5, Paragraph 5, in the manner prescribed in HRSR 215-8 assistance, and that it is binding upon the provider, its successors, or district operating procedures. transferees, and assignees for the period during which such 2. Abuse.Neglect and Exploitation Reporting assistance is provided. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it In compliance with Chapter 415,Florida Statutes,an employee of the provider who knows,or has reasonable cause to suspect,that a child, arranges top services or benefits to participants or employees aged person or disabled adult is or has been abused, neglected, or in connection With any of its programs and activities are not 9discriminating against those participants or employees in violation of exploited, shall immediately report such knowledge or suspicion to the above statutes, regulations, guidelines, and standards. in the the central abuse registry and tracking system of the department on event of failure to comply,the provider understands that the Grantor the single statewide toll-free telephone number(1-800-96ABUSE'). may, attts discretion, seek a court order requiring compliance with N.Transportation Disadvantaged the terms of this assurance or seek other appropriate judicial or if clients are to be transported under this contract, the provider will administrative relief, to include assistance being terminated and subcontract with a designated Community Transportation Coordinator, further assistance being denied. in accordance with the provisions of Chapter 427, Florida Statutes,and Q.lite irsrrt is of Section 287.058,Florida Statutes Rule Chapter 41-2, Florida Administrative Code. The provider shall 1. ', submit bills for fees or other compensation for services or submit to the department the reports required pursuant to Volume 10, .Xzp rases in sufficient detail for a proper pre-audit and post-audit Chapter 27,HRS Accounting Procedures Manual. thereof. • 7/1/v . . 2. Where applicable, to submit bills for any travel expenses in B. Contract Payment accordance with section 112.061, Florida Statutes. The departrnsnt Pursuant to section 215.422, Florida Statutes, the voucher authorizing may, when specified in Attachment �, establish rates lower payment of an invoice submitted to the department shall be filed with than the maximum provided in sections 11 i,Florida Statutes. the State Comptroller not later than twenty ( ) days from the latter of units of. deliverables, Including ricotta, findings, and the date a proper invoice is received or receipt,inspection and approval To 1provideof the goods or services,except that in the case of a bona fide dispute drafts as arpeoi'fied in the voucher shall contain a statement of the dispute and authorize to be received and accepted by the contract manager prior to payment only in the amount not disputed. The date on which an invoice payment. is deems received is the date on which a proper invoice is first received t. To comply with the criteria and final date by which such criteria must at the place designated by the department. invoices which have to be be met for completion of this contract as specified in Section ill, returned to a vencor because of vendor preparation errors will result in a y Paragraph A.2.of this contract. dela in the payment The invoice paymer'- requirements do not start lac access to all documents, papers, letters, or other until a properly completed invoice, as defi�.Jd in Ruts Chapter 3A-24, T 5. .o allow put± Florida Administrative Code, is provided to the department. Approval materials suoject to the provisions of Chapter 119, Florida Statutes, and inspe of goods orces shall take no longer than five (5) and made or received by the provider in conjunction with this working days unless the bid specifications, purchase order or contract contract. it Is expressly understood that substantial evidence of the specifies otherwise. Such approval is for the purpose of authorizing provider's refusal to comply with this provision shall constitute a payments and does not constitute a final approval of services purchased breach of contract. under this contract. A payment is deemed to be issued on the first R. Withholdings and Other Benefits working day that payment Is available for delivery or mailing to the 1. The provider is responsible for Social Security and income Tax provider. If a warrant in payment of an invoice is not issued within forty withholdings. (40)days,or thirty--five (35)days for health care providers as defined in i not entitled to rats retirement or leave benefits Rule s 4,Florida Administrative Code,after the receipt of the 2. The provider sinvoice and receipt,inspection,and approval of the goods and services, except where the provider is a state agency. the department pay to the provider, in addition to the amount of 3. Unless justified by the provider and agreed to by the department in the invoice, interest at a rate of one(1)percent per month calculated on Attachment I, Special Provisions, Section , the department a daily basis on the unpaid balance from the expiration of such forty will not furnish services of support(e.g.,o rce space,office supplies, (40)day period,or thirty-frve(35)day period for health care providers as telephone service, secretarial,or clerics) support) normally available defined In Rule Chapter 3A-24, Florida administrative Code, until such to career service employees. time that the warrant is. issued to the provider. The temporary unavailability of funds to make a timely payment due for goods or S. Sponsorship services does not relieve the department from this obligation to pay As required by section 286.25,Florida Statutes, tf the provider is a interest penalties. nongovernmental organizations which sponsors a program financed wholly or in part by state funds, including any funds obtained through C.Vendor Ombudsman this contract, it shall, in publicizing, advertising or describing the A Vendor Ombudsman has been established within the Department of sponsorship of the program, state: 'Sponsored by tanking and Finance. The duties of .lis individual include acting as advocate for vendors who may be experiencing problems ms in obtaining 3rnely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (904) 458-2924 or by calling the State Comptroller's , ceR Hotline,1 and the State of Florida, Department of Health and Rehabilitative !!l. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: Services'. If the sponsorship toluenes is in written material,the words 'State of Florida,Department of Health and Rehabilitative Services'shall A. Effective Date appear in the same size letters or type as the name of the organization. 1. This contract shall begin on or rated Invoices on the date on which the contract has been signed by both parties, T ti. Dis�oauwhichever is later. To allow a percent discount on s Booted invoices which are e..rw. a w�'W _.— Arlin AVPHielsr IMF, i ac ' 2. ribitenwettePaulde invoice with the dis-15Krinnt is to be allowed. The provider may submit invoices with or without the negotiated discount terms. The department -°'''a' 4311 shall comply with subsection 215.422(4), Florida Statutes, if a 1. Termination at Will d!scounted invoice Is offered. This oontract may be terminated by either party upon no less than U. Final Invoice thirty(30)calendar days notice,without cause,unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered The provider must submit the final invoice for payment to the by certified mall,return receipt requested, or in person with proof of department no more than days after the contract ends or Is delivery. terminated;ff the provider fay s o ao,all right to payment Is forfeited, 2 Termination Because of Lack of Rinds the department will not honor any requests submitted after the aforesaid time period. My payment due under the terms of this in the event funds to finance this contract become unavailable, the contract may be withheld until all reports due from the provider, and department may terminate the contract upon no less than necessary adjustments thereto,have been approved by the oepartrnent. twenty-four (24) hours notice In writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in V. Use Of Funds For Lobbying Prohibited person with proof of delivery. The department shall be the final To oornply with the provisions of section 216.347, Florida Statutes, authority as to the availability of funds. which prohibits the expenditure of contract funds for the purpose of Ter Ratlon Minch lobbying the Legislature or a state agency. 3. Unless the provider's breach Is waived by the department In writing, II. THE DEPARTMENT AGREES: the department may,by written notice to the provider,terminate this contract upon no less than twenty-four(24)hours notice. Said nutice A. Contract Amount shall be delivered by certified mail, return receipt requested, or in To pay for contracted services according to the conditions of person with proof of delivery. if applicable, the department may Attachment I in an amount not to exceed S employ the default provisions in Chapter 13A-1, Florida subject to the availability of funds. The State of Florida's performance Administrative Coos. Waiver of breach of any provisions of this and obligation to pay under this contact Is contingent upon an annual contract shall not be deemed to be a waiver of any other breach and appropriation by the Legislature. The costs of services paid under any shall not be construed to be a modification of the terms of this other contract or from any other source are not eligible for contract. The provisions herein do not limit the department's right to reimbursement under this contract re,-1,edles at law or to damages. , 71112 Contract No. payment when thee*have been established through the appropriations •.Notice and Contact process and subsequently Identified in the department's operating . e 1. The name,address and telephone number of the contract manager for budget. ;he depart.;nsnt for this contract Is: E. Name,Mailing and Street Address of Payee 1. The name (provider name as shown on page 1 of this contract) and �-- -- payment shall be mailing address of the official payee to *morn the -- -- made: 2. The name,address and telephone number of the representative of the provider responsible for administration of the program under this contract la: - 2. The name of the contact person and street address where financial and administrative records are maintained: r 3. in t event that different representatives are designated by either party after execution of this ex ntract.notice of the name and address of the _ new representative will be rendered in writing to the mer party arta ---- said notification attached to originals of this contract. F. All Terms and Conditions included Thcontract and its attachments as referenced, r 0. Ranegot3atian or Moatiort 1. Modifications of provisions of this contract shall only be valid when they have been reduced t,i wring and duly signed. The parties agree to renegotiate this contr&A if federal and/or state revisions of any applicable laws, or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted contain all the terms and conditions agreed upon by the parties. retroactively to reflect price level increases and changes In the rate of contract to be executed by their undersigned officials as duly authorized. IN WITNESS THEREOF, the parties hereto have caused this page PROVIDER STATE OF FLORIDA,DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES SIG-- ;�V: SIGNED BY: - NAME: 3'i'n..E' DATE: r...�... DATE: FEDERAL ID NUMBER(or SS Number for an Individual): FORM APPROVED E STATE AGENCY 29 OIGiT SAWS CODE: l. _ i DEPT. B 0.. / SSCAL YEAR ING DAM: Date 5/7` PROVIDER F CONTRACT IS NOT VALID UNTIL SIGNED AJDAA BY BOTH PARTIES s UK1U1NAL RESOLUTION NO. 92-20480 Authorizing the City to prepare and submit an application for continued funding of a grant from the State of Florida, Department of Health and Rehabilitative Services (HRS) , for supported employment training of Mamma developmentally disabled (mentally retarded) adults, and to appropriate funds • and execute a contract for the final grant award in the from attached hereto, in accordance with the grant period and the amount negotiated with HRS.