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 •
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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,
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- / 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.
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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 ----
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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)