97-22326 RESO
RESOLUTION NUMBER
97-22326
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AMENDMENT NO.2 TO THE CURRENT CONTRAC r
WITH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, FOR TH!:
LOG CABIN TRAINING CENTER, IN ORDER TO COMPLY WITH THEIR NEV!II
STANDARD CONTRACT PROVISIONS, AND TO EXECUTE THE RENEVl/A_
NUMBER KL201 TO CONTINUE TO PROVIDE ADULT DAY TRAINI Nt,
PROGRAM (ADT/DTP), SUPPORTED EMPLOYMENT, SUPPORTED L1VII'K!,
AND TRANSPORTATION SERVICES, TO DEVELOPMENTALLY DISABLEI.:>
ADULTS FOR FY 1996/97.
WHEREAS, on July 11, 1996, the City executed Contract Number KL201
with the State of Florida Department of Children and Family Services (CFS), for fumlin ~
of the Adult Developmental Training Program at the City of Miami Beach's Log Cabi 1
Training Center (Contract); and
WHEREAS, this action has been taken due to a mandate passed by th :3
Florida Legislature during its 1996 session wherein CFS was required to reduce the Ir
Approved Operating Budget by 13%; and
WHEREAS, in order to comply with the CFS requirements, the City mUit
amend the Contract to include the revised attachment, entitled "Amendment 2" ,Nit h
a fund reduction in the total dollar amount of $9,883.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY'
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Ci'y
Commission hereby approved and authorize the Mayor and City Clerk to execute t~ e
attached Amendment to the Contract Number KL201 with the Department of ChildrE n
and Family Services (CFS), for the provision of the Adult Day Training Program
(ADT/DTP), Supported Employment, Supported Living, and Transportation Services, 10
developmentally disabled adults for FY 1996/97.
PASSED AND ADOPTED THIS 19th DAY OF
l ·
Marchi ' 1997.'..,." ... I.
4./' '. I "II () I
~ .f/'--~ J j,'..::fv ~'!
. MAYOR
ATTEST:
-R~~ctPt"~
l
, APPROVED AS TO
'f0RM & LANGUAGE
& FOR EXECUTlOt-1
M MWL d'J+.~
City A1torney ~IdtlH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
FROM: Jose Garcia-Pedrosa
City Manager
March 19, ' 9S 7
SUBJECT: A RESOLUTI UTHORIZING AND DIRECTING THE MAYOR AN i)
CITY CLERK TO EXECUTE "AMENDMENT 2" TO THE CURREN r
CONTRACT WITH THE DEPARTMENT OF CHILDREN AND FAMIL(
SERVICES, FOR THE LOG CABIN TRAINING CENTER, IN ORDER n>
COMPLY WITH THEIR NEW STANDARD CONTRACT PROVISIOIN~'"
AND TO EXECUTE THE RENEWAL NUMBER KL201 TO CONTINUE n>
PROVIDE ADULT DAY TRAINING PROGRAM' (ADT/DTP), SUPPORTEr>
EMPLOYMENT, SUPPORTED LIVING, AND TRANSPORTATIOW~
SERVICES TO DEVELOPMENTALLY DISABLED ADULTS FOR F(
1996/97.
ADMINISTRATION RECOMMENDATION:
Approve the attached Resolution.
BACKGROUND
Since 1983, the City's Miami Beach Log Cabin Training Center, located at 8128 Co lin s
Avenue has operated a program entitled Adult Developmental Training (independent lillin ~
skills training) designed to benefit developmentally disabled adults. This program is
administered by the City's Economic and Community Development Department. Client s
participating in this program are referred from either the Department of Children and Familf
Services or sponsored by their own families. The program strives to teach its clients basi::
living skills, which will allow them to become self-reliant and no longer entirely depencllert
upon welfare and social service agencies for their sustenance.
ANAL YSIS
On July 11, 1996, a contract (KL201) with the State of Florida Department of Children :In j
Family Services (CFS) was signed and executed by the Mayor and City Clerk. CFS has 1101 v
requested an amendment to the contract reflecting that funds have been reduced by the t::>tcll
dollar amount of $9,883.00. This action has been taken due to a mandate passed by th:!
Florida Legislature during the 1996 session wherein CFS was required to reduce tle r
Approved Operating Budget by 13%. Therefore, to ensure compliance with .the Departmer t
DATE
erel I-
3'i3-'7l
AGENDA ITEM
COMMISSION MEMORANDUli~
MAR 19, 1997
PAGE 2
of Children and Family Services, the City must amend the contract to include the revise::J
attachment entitled "Amendment 2."
CONCLUSION
This Amendment to the Department of Children and Family Services contract must b 3
executed in order to ensure compliance, and allow the City to continue receiving the g'"allt
funds.
~
JGP/HSM/JH/AL/lk
Attachment
CONTRACT KL201
AMENDMENT 2
WHEREAS, the State of Florida, Department of Children and Families, hereinaf :er
referred to as the "Department", and "City of Miami Beach," hereinafter referred to as 'he
"Provider", entered into a contract dated July 1, 1996 for the provision of Developmer tal
Disabilities services, and
WHEREAS, Section II. A. of the Department's Standard Contract provides that "1 he
State of Florida's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature," and
WHEREAS, the 1996 Legislature enacted the General Appropriations Act for Fiscal YI :ar
1996-97, with an effective date of July 1, 1996, which failed to fully fund contracts betwee n 1 he
department and its providers, including the instant contract, and required a reduction in all
contracts to be taken from administrative costs paid to contract providers.
ACCORDINGLY, the department and provider must enter this contract amendment to
implement Legislative intent. By executing this contract amendment the parties agree to mod fy
the terms of their contract as specified below.
Contract KL201 is amended as follows:
1. Effective 1/1/97, all references to the Department of Health and Rehabilitative
Services in this contract, including all attachments and any previously execute41
amendments, are hereby changed to the Department of Children and Families.
2. The total dollar amount of this contract will be reduced by the total dollar amclur t
of $9.883.00.
This amendment shall begin on January 1.1997, or the date on which the
amendment has been signed by both parties, whichever is later.
All provisions in contract and any attachments thereto in conflict with this
amendment shall be and are hereby changed to conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be
performed at the level specified in the contract.
This amendment and all its attachments are made a part of the contract.
IN WITNESS THEREOF, the parties have caused this 2 page Amendment to be exel~u1 ~d
by their undersigned agents or officials as duly authorized.
PROVIDER:
'CITY OF M~MI BEACH
t\ - ! xz./U _.
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~ S' ~ fA h . d A
; 19nature 0 ut onze gent
~
STATE OF FLORIDA, DEPARTMENT
OF CHILDREN AND FAMILIES
Seymour Gelber
;(print or Type Name)
.,.
Anita Bock
Mayor
(Print or Type Title)
District Administrator
March 19, 1997
Date
L;- - ~- ( 1
Date
FEDERAL ill NUMBER
VF59600372
20lb/cut. loc
ATTEST:
J~o~~ KA.~
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1t~ 34;;fJ:7
7/1/96
k-~~ol
iJ
Co.itract No.
CFDA No. NA
GrlInts and Aids NA
Client" X lion. Client 0
Multi. Dis rict 0
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
STANDARD CONTRACT
TIllS CONTRACf is entered into between the State of Florida, Department of Health and Rehabilitative Services, hereinafter refl rred to as the
"department", and CITY OF MIAMI BEACH .hereinafter referred to as the ~provider".
THE PARTIES AGREE:
I. THE PROVIDER AGREES:
A. To provide services in accordance with the conditions specified
in Attachment I.
B. Requirements of Section 287.058, FS
To provide units of deliverables, including reports, fmdings, and drafts
as specified in Attachment I, to be received and accepted by the contract
manager prior to payment_ To comply with the criteria and fmal date by
which such criteria must be met for completion of this contract as
specified in Section m, Paragraph A. of this contract. To submit bills
for fees or other compensation for services or expenses in sufficient
detail for a proper pre-audit and post-audit thereof. Where applicable, to
submit bills for any travel expenses in accordance with section 112.061,
FS. The department may, if specified in Attachment I, establish rates
lower than the maximum provided in section 112.061, FS. To allow
public access to all documents, papers, letters, or other ma~a1s subject
to the provisions of Chapter 119, FS, and made or receIved by the
provider in conjunction with this contract. It is expressly understood
that the provider's refusal to comply with this provision shall constitute
an immediate breach of contract.
C. Governing Law
1. State of Florida Law
This contract is executed and entered into in the State of Florida, and
shall be construed, performed, and enforced in all respects in
accordance with the laws, rules, and regulations of the State of
Florida. Each party shall perform its obligations herein in accordance
with the terms and conditions of the contract.
2. Federal Law
a.If this contract contains federal funds, the provider shall comply
with the provisions of 45 CPR, Part 74, andlor 45 CPR, Part 92, and
other applicable regulations as specified in Attachment I.
b.lf this contract contains federal funds and is over $100,000, the
provider shall comply with all applicable standards, orders, or
regulations issued under Section 306 of the Clean Air Act, as amended
(42 U.S.c. 1857(h) et seq.), Section 508 of the Clean Water Act, as
amended (33 U.S.c. 1368 et seq.), Executive Order 11738, and
Envirorunental Protection Agency regulations (40 CFR Part 15). The
provider shall report any violations of the above to the department.
c.lf this contract contains federal funding in excess of $ I 00,000, the
provider must, prior to contract execution, complete the Certification
Regarding Lobbying form, Attachment J:l1A..., If a Disclosure of
Lobbying Activities form, Standard Form LLL, is required, it may be
obtained from the contract manager. All disclosure forms as required
by the Certification Regarding Lobbying form must be completed and
returned to the contract manager.
D. Audits, Records, and Records Retention
1. To establish and maintain books, records, and documents (including
electronic storage media) in accordance with generally accepted
accounting procedures and practices which sufficiently and properly
reflect all revenues and expenditures of funds provided by the
department under this contract
2. To assure that these records shall be subject at a II n asonable times
to inspection, review, or audit by Federal, state, Jr c :her personnel
duly authorized by the department.
3. To provide a financial and compliance audit to the department as
specified in Attachment II and to ensure thai aI related party
transactions are disclosed to the auditor.
4. To include these aforementioned audit and n cord keeping
requirements in all approved subcontracts and as! ign aents.
5. To retain all client records, fmancial records, support ag documents,
statistical records, and any other documents (ir clu :ing electronic
storage media) pertinent to this contract for a peril xi c f five (5) years
after termination of the contract, or if an audit h~ be n initiated and
audit findings have not been resolved at the end 01' fi.. : (5) years, the
records shall be retained until resolution of the audit indings or any
litigation which may be based on the terms ofthi! COI tract.
6. Persons duly authorized by the department and fe leral auditors,
pursuant to 45 CPR, Part 92.36(i)(IO), shall have fuI access to and
the right to examine any of provider's contract 2nd elated records
and documents at all reasonable times for as Ie ng IS records are
retained.
7. Upon completion or termination of the contract an I at the request of
the department, the provider will cooperate with the department to
facilitate the duplication and transfer of any sa d records or
documents during the required retention period a specified in
paragraph 0.5. above.
E. Monitoring
To permit persons duly authorized by the department D u:spect any
records, papers, documents, facilities, andlor g~ and eTVlces o~ the
provider which are relevan.t to this contract, andlor. ml erv :w any chents
and employees of the prOVIder to be assured of satJs~a ~tOl f performaI?ce
of the lerms and conditions of this contract. Followmg s lch evaluation
the department will deliver to the provider a report (If it : findings and
recommendations with regard to the provider's perf 01 nance of the
contract tenns and conditions. The provider will ree:ify all noted
deficiencies identified by the department within the spec fied period of
time set forth in the recommendations. The provider':: fa lure to correct
noted deficiencies may, at the exclusive discretion (,f de department,
result in the withholding of payments, the provider bellg deemed in
breach or default, or the termination of this contract.
F. Indemnification
Section LF. is not applicable to contracts execut:d >etween state
agencies or subdivisions, as defmed in section 768.28, FS. The provider
shall be liable for and shall indemnify, defend, and lol( hannless the
department and all of its officers, agents, and employe.:s fi Dm all claims.
suits judgments, or damages. consequential or otherv~se and including
atto~eys' fees and costs, arising out of any act, a( tiOl s, ne~lect, or
omissions by the provider, its agents, or empklyee; dunng the
performance or operation of this contract or an' subsequent
modifications thereof, whether direct or indirect, anj \I :!~ther t? any
person or tangible or intangible property except that thi: pr"Vlder WIll not
be liable for damages arising out of injury or darm,ge ;0 persons or
property directly caused or resulting from the sole leg Igence of the
department or any of its officers, agents, or employees,
7/1/96
The provider's obligation to indemnify, defend, and pay for the defense,
or at the department's option, to participate and associate with the
department in the defense and trial of any damage, claim, or suit and any
related settlement negotiations, shall be triggered by the department's
notice of claim for indemnification to provider. The provider's inability
to evaluate liability or its evaluation of liability shall not excuse the
provider's duty to defend and indemnify within seven (7) days after such
notice by the department is given by registered mail. Only adjudication
or judgment after highest appeal is exhausted specifically fmding the
department solely negligent shall excuse perfonnance of this provision
by provider. The provider shall pay all costs and fees related to this
obligation and its enforcement by the department. The department's
failure to notify the provider of a claim shall not release the provider of
the above duty to defend.
G. Insurance
To provide adequate liability insurance coverage on a comprehensive
basis and to hold such liability insurance at all times during the existence
of this contract. Upon execution of this contract, unless it is a state
agency or subdivision as defmed by s. 768.28, FS, the provider accepts
full responsibility for identifying and determining the type(s) and extent
of liability insurance necessary to provide reasonable fmancial
protections for the provider and the clients to be served under this
contract. Upon the execution of this contract, the provider shall furnish
the department written verification supporting both the detennination
and existence of such insurance coverage. Such coverage may be
provided by a self-insurance program established and operating under
the laws of the State of Florida. The department reserves the right to
require additional insurance as specified in Attachment I where
appropriate.
H. Safeguarding Infonnation
Not to use or disclose any infonnation concerning a recipient of services
under this contract for any purpose not in confonnity with state
regulations and federal regulations (45 CFR, Part 205.50), except upon
written consent of the recipient, or his responsible parent or guardian
when authorized by law.
I. Assignments and Subcontracts
1. To neither assign the responsibility of this contract to another party
nor subcontract for any of the work contemplated under this contract
without prior written approval of the department which shall not be
unreasonably withheld. Any sublicense, assignment, or transfer
otherwise occurring shall be null and void. The State of Florida shall
at all times be entitled to assign or transfer its rights, duties, or
obligations under this contract to another governmental agency in the
State of Florida, upon giving prior written notice to the provider. In
the event the State of Florida approves transfer of the provider's
obligations, the provider remains responsible for all work perfonned
and all expenses incurred in connection with the contract. In addition,
this contract shall bind the successors, assigns, and legal
representatives of the provider and of any legal entity that succeeds to
the obligations of the State of Florida.
2. The provider shall be responsible for all work perfonned and all
expenses incurred with the project. The provider may subcontract as
necessary to perfonn the services set forth in this contract, including
entering into subcontracts with vendors for services and commodities,
PROVIDED THAT it is understood by the provider that the
department shall not be liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and the provider shall be
solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
3. Unless otherwise stated in the contract between the provider and
subcontractor, payments made by the provider to the subcontractor
must be within seven (7) working days after receipt of full or partial
payments from the department in accordance with section 287.0585,
FS. Failure to pay within seven (7) working days will result in a
penalty charged against the provider and paid to the subcontractor in
the amount of one-half of one (I) percent of the amount due per day
from the expiration of the period allowed herein for payment. Such
penalty shall be in addition to actual payments owed and shall not
exceed fifteen (IS) percent of the outstanding balance due.
-'~'iTRACT # ,r- L-:;<.Q L _
J. Return of Funds
To return to the department any overpayments due to :me, rned funds or
funds disallowed pursuant to the terms of this contr .ct that were
disbursed to the provider by the department. The pr(vid :r shall return
any overpayment to the department within 40 calenda' dB (s after either
discovery by the provider, or notification by the d'.:pw:ment, of the
overpayment. In the event that the provider or its inlep' ndent auditor
discovers an overpayment has been made, the provide r st ill repay said
overpayment within 40 calendar days without prior nol ific ition from the
department. In the event that the department fi rst discovers an
overpayment has been made, the department will notily tl : provider by
letter of such a fmding. Should repayment not be . nae: in a timely
manner, the department will charge interest of one (I) pere :nt per month
compounded on the outstanding balance after 40 calen jar jays after the
date of notification or discovery.
K. Incident Reporting
1. Client Risk Prevention
If services to clients will be provided under this conlrac: the provider
and any subcontractors shall, in accordance witli tl ~ client risk
prevention system, report those reportable situation: Ii: :ed in HRSR
215-6 Paragraph 5, in the manner prescribed in HR;R 215-6 or
district operating procedures.
2. Abuse, Neglect, and Exploitation Reporting
In compliance with Chapter 415, FS, an employee of the )rovider who
knows or has reasonable cause to suspect that a chik, a! ::d person, or
disabled adult is or has been abused, neglected, 0: e; ploited shall
immediately report such knowledge or suspicion to :he :entral abuse
registry and tracking system of the department on the sir ~Ie statewide
toll-free telephone number (1-800-96ABUSE).
L. Transportation Disadvantaged
If clients are to be transported under this contract, the 'rovider will
comply with the provisions of Chapter 427, FS, and Rtle (hapter 41-2,
F AC. The provider shall submit to the department the reJ Jrts required
pursuant to Volume 10, Chapter 27, HRS Accour tin! Procedures
Manual.
M. Purcbasing
1. PRIDE
It is agreed that any articles which are the subject of, (IT 8J : required to
carry out this contract shall be purchased from Prison I ehabilitative
Industries and Diversified Enterprises, Inc. (pRIDE) ide ltified under
Chapter 946, FS, in the same manner and under th: pi Jcedures set
forth in subsections 946.515(2) and (4), FS. For lllf] oses of this
contract, the provider shall be deemed to be sut stit Ited for the
department insofar as dealings with PRIDE. This cause is not
applicable to subcontractors unless otherwise requiJed 'y law. An
abbreviated list of products/services available from PR DE may be
obtained by contacting PRIDE, (904) 487-3774.
2. Procurement of Materials with Recycled Content
It is expressly understood and agreed that any prodt cts or materials
which are the subject of, or are required to carry out tl us I Jntract shall
be procured in accordance with the provisions of secdol s 403.7065,
and 287.045, FS.
N, Civil Rights Requirements
Note: N.I. applies only to providers with fifteen (15) or more
employees. N.2. applies only to providers providing direc services to
clients llllil. if fifteen (15) or more individuals are emplo~ 'ed.
1. The provider will not discriminate against any e: npl'yee in the
perfonnance of this contract, or against any a~ ~licant for
employment, because of age, race, creed, color, diSlbil ty, national
origin, or sex. The provider further assures that all contractors,
subcontractors, subgrantees, or others with whom it manges to
provide services or benefits to participants or ell ployees in
cormection with any of its programs and actJviti:s are not
discriminating against those participants or employees bel ause of age,
race, creed, color, disability, national origin, or sex.
2. Compliance Questionnaire
In accordance with HRSM 220-2, the provider agrees to I Jmplete the
Civil Rights Compliance Questionnaire, HRS Fonns "46 <\ and S, If
2
7/1'96
services are directly provided to clients and if IS or more individuals
are employed.
O. Independent Capacity of the Contractor
The provider, its office~, agents, and employees, in performance of this
contract, shall act in the capacity of an independent contractor and not as
an officer, employee, or agent of the State of Florida, The provider is
responsible for Social Security and Income Tax withholdings. The
provider is not entitled to state retirement or state leave benefits except
where the provider is a state agency. Unless justified by the provider
and agreed to by the department in Attachment I, the department will not
furnish services of support (e.g., office space, office supplies, telephone
service, secretarial, or clerical support). The provider agrees to take
such actions as may be necessary to ensure that each subcontractor of
the provider will be deemed to be an independent contractor and will
not be considered or permitted to be an agent, servant, joint venturer, or
partner of the State of Florida.
P. Sponsorship
As required by section 286.25, FS, if the provider is a nongovernmental
organization which sponso~ a program fmanced wholly or in part by
state funds, including any funds obtained through this contract, it shall,
in publicizing, advertising, or describing the sponso~hip of the program,
state: "Sponsored by (provider's name) and the State of Florida,
Department of Health and Rehabilitative Services." If the sponso~hip
reference is in written material, the words "State of Florida, Department
of Health and Rehabilitative Services" shall appear in the same size
lette~ or type as the name of the organization.
Q. Final Invoice
To submit the fmal invoice for payment to the department no more than
1S.. days after the contract ends or is tenninated. If the provider fails to
do so, all right to payment is forfeited and the department will not honor
any requests submitted after the aforesaid time period. Any payment due
under the terms of this contract may be withheld until all reports due
from the provider and necessary adjustments thereto have been approved
by the department.
RUse Of Funds For Lobbying Prohibited
To comply with the provisions of section 216.347, FS, which prohibit
the expenditure of contract funds for the purpose of lobbying the
Legislature, judicial branch, or a state agency.
S.Public Entity Crime
As required by section 287,133, FS, the followirig restrictions are placed
on the ability of pe~ons convicted of public entity crimes to transact
business with the department: When a person or affiliate has been
placed on the convicted vendor list following a conviction for a public
entity crime, he/she may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the
threshold amount provided in section 287,017, FS, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
T. Patents, Copyrights, and Royalties
1. If any discovery or invention arises or is developed in the course or as
a result of work or services performed under this contract, or in
anyway connected herewith, the provider shall refer the discovery or
invention to the department to be referred to the Department of State
to detennine whether patent protection will be sought in the name of
the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this contract are hereby reserved
to the State of Florida. In the event that any books, manuals, films, or
other copyrightable materials are produced, the provider shall notify
the Department of State. Any and all copyrights accruing under or in
connection with the performance under this contract are hereby
reserved to the State of Florida.
2. The provider, without exception, shall indemnify and save harmless
the State of Florida and its employees from liability of any nature or
kind, including cost and expenses for or on account of any
NTRACT #-1<:... L (;~ J J .
-.---
copyrighted, patented, or unpatented invel1tion, lr~ :ss or article
manufactured by the provider. The provider has no liability when
such claim is solely and exclusively due to the Depart nent of State's
alteration of the article. The State of Florida w: 11 I rovide prompt
written notification of claim of copyright or paen infringement.
Further, if such claim is made or is pending, the p rov :Ier may, at its
option and expense, procure for the Department or St; te, the right to
continue use of, replace, or modify the article to cnder it non-
infringing. If the provider uses any design, de viCl, or materials
covered by letters, patent, or copyright, it is mltua ly agreed and
understood without exception that the bid pricel sh L11 include all
royalties or cost arising from the use of such .Iesi 71, device, or
materials in any way involved in the work.
II. THE DEPARTMENT AGREES:
A. Contract Amount
To pay for contracted services according to the conditions of Attachment
I in an amount not to exceed S&, subject to the availal ility of funds.
The State of Florida's performance and obligation:o I ay under this
contract is contingent upon an annual appropriation by 1 .e Legislature.
The costs of services paid under any other contract .or j'om any other
source are not eligible for reimbursement under this 0 mtr lCt.
B. Contract Payment
Pursuant to section 215.422, FS, the department has fi,: (5) working
days to inspect and approve goods and services, u L1ess the bid
specifications, Purchase Order, or this contract sp:cil es otherwise.
With the exception of payments to health care prov der for hospital,
medical, or other health care services, if payment is nc It a' ailable within
40 days, measured from the latter of the date the inv(lice is received or
the goods or services are received, inspected and appro' :d, a separate
interest penalty set by the Comptroller pursuant to ~ecti m 55,03, FS,
will be due and payable in addition to the invoice amo'ffil. To obtain the
applicable interest rate, contact the district tisclI ,ffice/contract
administrator. Payments to health care provide~ for Los~ :tals, medical,
or other health care services, shall be made not more har. 35 days from
the date eligibility for payment is determined, at the d2 ily nterest rate of
.03333%. Invoices returned to a vendor due to preparat )0 erro~ will
result in a payment delay. Interest penalties less than ,me lollar will not
be enforced unless the vendor requests payment. In, >ice payment
requirements do not start until a properly completed il.voi :e is provided
to the department.
c. Vendor Ombudsman
A Vendor Ombudsman has been established within t 1e ] lepartment of
Banking and Finance. The duties of this individual indue: acting as an
advocate for vendo~ who may be experiencing prob em in obtaining
timely payment(s) from a state agency. The Vendor Om lUdsman may
be contacted at (904) 488-2924 or 1-800-848-379~, the State
Comptroller's Hotline.
III. THE PROVIDER AND DEPARTMENT
MUTUALL Y AGREE:
A. Effective and Ending Dates
This contract shall begin on JULY 1. 1996 or on the late on which the
contract has been signed by both parties, whichever is !aU ;. It shall end
on JUNE 30.1997.
B. Tennination
1. Tennination at Will
This contract may be terminated by either party upon no less than
thirty (30) calendar days notice in writing to the other.arty, without
cause unless a lesser time is mutually agreed upon il1 wiling by both
parti~. Said notice shall be delivered by certified mail, ;eturn receipt
requested, or in pe~on with proof of delivery.
2. Tennination Because of Lack of Funds
In the event funds to finance this contract become wllvailable, the
department may terminate the contract upon no less thai twenty-four
(24) hours notice in writing to the provider. Said ndice shall .be
delivered by certified mail, return receipt requested, Dr i I pe~on WIth
proof of delivery. The department shall be. the. fmal < u~ lrity as to the
availability of funds. In the event of termmauon of thll contract, the
3
7/1/96
provider will be compensated for any work satisfactorily completed
prior to notification of tennination.
3. Termination for Breach
This contract may be tenninated for the provider's non-perfonnance
upon no less than twenty-four (24) hours notice in writing to the
provider. If applicable, the department may employ the default
provisions in Chapter 60A.I.OO6 (3), FAC. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the
tenns of this contract. The provisions herein do not limit the
department's right to remedies at law or in equit)l
C. Name, Mailing, and Street Address of Payee
1. The name (provider name as shown on page I of this contract) and
mailing address of the official payee to whom the payment shall be
made is:
CITY OF MIAMI BEACH
8128 COLLINS AVENUE
MIAMI BEACH. FLORIDA 33141
2. The name of the contact person and street address where fmancial and
administrative records are maintained is:
AGI LONG
8128 COLLINS A VENUE
MIAMI BEACH, FLORIDA 33141
D. Renegotiation or Modification
Modifications of provisions of this contract shall only be valid when
they have been reduced to writing and duly signed by both parties. The
rate of payment and the total dollar amount may be adjusted
retroactively to reflect price level increases and changes in the rate of
payment when these have been established through the appropriations
process and subsequently identified in the department's operating
budget.
:'ITRACT # }C L-;2 fll....-_
E. Notice and Conuct
1. The name, address, and telephone number of the contrct manager for
the department for this contract is:
Don Hill
401 NW 2nd Avenue- Suite S522
Miami, Florida 33128
(305) 377-5969
2. The name, address, and telephone number of the repre: entative of the
provider responsible for administration of the pUg! un under this
contract is:
AGI LONG
8128 COLLINS A VENUE
MIAMI BEACH. FLORIDA 33141
3. In the event that different representatives are de~ ign ited by either
party after execution of this contract, notice 0:: tl: names and
addresses of the new representatives will be provided ir writing to the
other party and said notification attached to original) 0 f this contract.
F. All Terms and Conditions Included
This contract and its attachments as referenced..AIIA :HMENTS I
and II. EXillBITS A. B. C. D. E. F. G and H. COlltai:. all the tenns
and conditions agreed upon by the parties. There are .0 provisions,
terms, conditions, or obligations other than those conlain" d herein, and
this contract shall supersede all previous colwunications,
representations. or agreements, either verbal or written between the
parties. If any tenD or provision of the contract is found t ] be illegal or
unenforceable, the remainder of the contract shall remail in full force and
effect and such term or provision shaH be stricken.
I_II
Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will he a lufficient
cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to ~ ati:fadorily
perform in a contract with the department. been notified by the department of the unsatisfactory performance, and failed to:or 'crt the
unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for cause.
I have read the above contract and understand each section and paragraph.
IN WITNESS THEREOF, the parties hereto have caused this 49 page contract to be executed by their undersigned officials as duly uthorized.
PROVIDER:
::::ITY OF MIAMI B
SIGNED BY:
1"' ~c.lu........
Robert Parcher, City Clerk
fkLf;L
STATE AGENCY 29 DIGIT SAMAS CODE:
DATE:
/ /71 tj f~7
./ '
STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES
-) .
/-;x" i .( -<C b
SIGNED BY: p'// t:~5C.,f'-::'--~
/'
NAME: Aniu Bock
111j 1~1(
/11 '
TITLE:
District Administrator
DATE:
'(, /,s- c:; 0
-----------------------------
Federal EID # (or SSN): VFS9600372001
Provider Fiscal Year Ending Date: ~
r:-o ~ .~" f! ~.~ ., ,.'" '~:""'\
t' KiV; h.';' ,.,','::U
B ,;/E/C~;;;~ It=-
Y~'-
7/~/CJb
Date ________ .
~r~~~~:~
Lawton Chiles
Governor
Anita M. Bock
DtmtdA_
:.~ _\
'<); . .
"';'fJ
Working in
partnership with
local communities to
help people be self-
sufficient and IiYf.in
slable families and
communities,
,
,
Aneelo Parrino
Deputy DMsion Oi_
Adull.Care and
Fam~y.Suppoot
40IiNW 2ndAvCllUC
~Uilc;~SIO
"IMiaini;:FL 33128
:').::fRr~t ~'~~ v ~\i::
':~~:
-~~:.(i}()~~'7,'1_~9
'.,',Simcom: 4S!2-S049
Fax: 3!77-S!2SS
Suncom: 4S2-S2SS
DISTRICT 11
DADE & MONROE COUNTIES
.COMMITTED To EXCELLENCE"
January 23, 1997
Dear Provider:
Under a mandate passed by the Florida Legislature during the 1996 sessior, budget
reductions made in the health and human services area are to be taken from admi ustrative
activities, rather than direct client services As a result, we have been reviewing both the
departments' and our provider's administrative expenditures to ensure compliance Nith this
legislative mandate.
In an effort to implement these cuts, it is determined that a 13% reduction in yc ur contract
dollar amount will be required in order to meet the targeted dollar amount reduCi~d from the
departments FY 96-97 Approved Operating Budget.
T,he department will be amending the FY 96/97 contracts effective January 1, 1997 in order to
comply with this Legislative Mandate.
The department recognizes that this is a financially difficult time for everyone, and we
appreciate your cooperation in meeting this mandate, Please do not hesitate to call if IOU have
any questions or need clarification.
Sincerely,
r-
arcla
ogram Admjnistrator
"
RESOLUTION NUMBER
97-22326
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CIPi
CLERK TO EXECUTE AMENDMENT NO.2 TO THE CURRENT CONTRAGl
WITH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, FOR THE
LOG CABIN TRAINING CENTER, IN ORDER TO COMPLY WITH THEIR NEV\
STANDARD CONTRACT PROVISIONS, AND TO EXECUTE THE RENEW,I~L
NUMBER KL201 TO CONTINUE TO PROVIDE ADULT DAY TRAINn~G
PROGRAM (ADT/DTP), SUPPORTED EMPLOYMENT, SUPPORTED LIVING.
AND TRANSPORTATION SERVICES, TO DEVELOPMENTALLY DISABU:C
ADULTS FOR FY 1996/97.
WHEREAS, on July 11, 1996, the City executed Contract Number KL201
with the State of Florida Department of Children and Family Services (CFS), for funding
of the Adult Developmental Training Program at the City of Miami Beach's Log Cabir
Training Center (Contract); and
WHEREAS, this action has been taken due to a mandate passed by the
Florida Legislature during its 1996 session wherein CFS was required to reduce their
Approved Operating Budget by 13%; and
WHEREAS, in order to comply with the CFS requirements, the City mlJs1
amend the Contract to include the revised attachment, entitled "Amendment 2", with
a fund reduction in the total dollar amount of $9,883.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approved and authorize the Mayor and City Clerk to execute the
attached Amendment to the Contract Number KL201 with the Department of Children
and Family Services (CFS), for the provision of the Adult Day Training Program
(ADT/DTP), Supported Employment, Supported Living, and Transportation Services, to
developmentally disabled adults for FY 1996/97.
PASSED AND ADOPTED THIS 19th DAY OF
I ~.
Marchi. . 1997. '\.,\, ..' /..
;f: "\ ) \") l) .'
, .>~~./ Jj~V~.
" MAYOR
ATTEST:
l
JS6~~ ~ctA-~
CITY CLE K
APPROVED AS TO
t E0RM & LANGUAGE
& FOR EXECUTION
/(jj ~ d, l-~etl..::1
City Attorney ~