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Resolution 78-15798 • RESOLUTION NO. 78-15798 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED SO AS TO FUND INTERIM OPERATIONS FOR THE MIAMI BEACH COMMUNITY HEALTH CENTER, INC. , FOR A PERIOD OF SEVEN MONTHS TO INCREASE MENTAL HEALTH SERVICES TO AGE GROUPS NOT PRESENTLY COVERED. WHEREAS, the City of Miami Beach has determined there is a necessity to increase mental health services delivery to age groups not presently being covered, and WHEREAS, the City of Miami Beach and Miami Beach Jewish Home and Hospital for the Aged desire to enter into an agreement for the purposes of funding with Community Development Block Grant Funds, interim operations for the Miami Beach Community Mental Health Center, Inc. , and • WHEREAS, said project has been allocated $27 , 000 from the Community Development Block Grant Funds, and WHEREAS, an appropriate agreement has been prepared and has been approved as to legal form and sufficiency by the City Attorney, which agreement sets forth the terms and conditions of said Project, with which the City Commission is familiar, and WHEREAS, the City Manager has recommended to the City Commission that said agreement be entered into, and WHEREAS, the City Commission deems it to be in the best interests of the City and its residents and citizens that said • agreement be entered into; NOW, THEREFORE, BE IT DULY 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 with agree • - ment with Miami Jewish Home and Hospital for the Aged, in the name of and on behalf of the City, and the disbursing officers of the City are hereby authorized and directed to disburse the monies required by the terms of said agreement from the Community Develop- ment Block Grant Funds heretofore allocated for said purpose. • PASSED and ADOPTED this 20th day of December, 1978 . (—!;e4L7r44., GLA.m..49 Vice Mayor , Attest: City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 AGREEMENT This Agreement entered into this '`' •i: day of�,'' >.-6. ---; !- , 1978 by and between the Cityzof Miami Beach, a Florida Municipal Corporation, hereinafter referred to as the "City" and the Miami Jewish Home and Hospital for the Aged, a non-profit Florida 'Corporation, hereinafter referred to as the "Provider" , W I T N E S S E T H: Whereas, the City has determined the necessity to increase mental health services delivery to age groups not presently being covered. Whereas , the City has entered into an agreement with the Miami Beach Jewish Home and Hospital for the Aged for the purposes of funding with Community Development Block Grant funds, interim operations for the Miami Beach Community Mental Health Center, Inc. • Now therefore, the parties hereto agree as follows: I . Scope of Services The Provider agrees to provide the following: 1. The current Douglas Gardens Outpatient Mental Health Center staff will be increased by two therapists, with expertise in the delivery of • services to the children/adolescent and adult/family populations, a here-to-for unserved group on Miami Beach; at least one of the new therapists will be bilingual (Spanish/English) ; 2. Services will include: a) Individual Therapy b) Family therapy c) Psychiatric Evaluation d) Psychologic Evaluation e) Outreach f) Prevention g) Medication review h) Information and Referral i) Case management 3. Intrinsic in all service provision is an evaluation component to include client satisfaction and treatment outcome measurements. I - � .. i II. Conditions of Services 1. The program shall serve principally those person's living within the target area, (i.e. that area of Miami Beach lying south of Dade Boulevard, excluding Palm Island, Hibis- cus Island, Star Island, Terminal Island and the islands on the Venetian Causeway) . 2 . Records of patient treatment shall be kept in such manner acceptable to both parties as shall make it possible to compile such quarterly reports as may be necessary in order to fully evaluate program as to eligibility of persons served, number and basic data of persons served, and nature of treatment provided. 3. In staffing the program, the Provider 'agrees that to the extent that it staffs the program with personnel not presently employed by said party, it will take affirmative action in attempting to staff the program with persons of low income, residing in the City of Miami Beach, ,. provided that the costs of advertising to secure applications from such persons shall be borne by the party of the second part. The party of • the first part further agrees that it will not discriminate on the basis of race, creed, color or national origin in 'staffing the program. III. Term of Agreement This Agreement shall be deemed effective upon approval by the Department of Housing and Urban Development area office of the use of these funds for public services, and shall continue for a period of seven (7) months thereafter unless terminated prior to that time under the termination provision hereafter set forth. IV. Termination Both parties agree that this agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to effective date, . of such termination. - - 2 - The City may suspend payment of the project in whole or in part for cause. Cause shall include the following: (1) failure to comply with either the terms or conditions of this agreement; (2) submission to the City of reports which are incorrect or incomplete in any material respect or (3) if for any reason the implementation of this agreement is rendered impossible or infeasible. V. Subsequent Changes Any alterations, variations, modifications or waivers of provisions of this agreement shall only be valid when they have been reduced to writing and duly signed by both parties. VI. Method of Payment The City agrees to fund the program to the extent of the sum of Twenty Seven Thousand Dollars ($27,000) payable as follows: • • 1. The City agrees to reimburse the Provider for expenditures incurred underthis contract on a monthly basis in accordance with the attached budget. Line item transfers not to exceed 15% of that line item may be made without prior written approval of the City. 2. . Provider will submit requests for payment no later than the fifth working day of the succeeding month and the City will provide reimbursement upon approval within ten (10) working days after receipt of the same. 3. The City agrees to advance one seventh of the contract amount($3, 857) within five ,•working days of the effective date of this contract in order to avoid cash flow problems in the part of the Provider. VII. Indeminification The Provider shall indemnify and hold harmless the City, from any and all claims, liability, losses and causes of action which may arise out of this agreement. The Provider directly .. or through' its insurance carrier shall pay all claims and losses of any nature whatsoever in - 3 - connection therewith and shall defend all suits, in the name of the City when applicable and shall pay all costs and judgements which may issue thereon. VIII. Conflict of Interest The Provider convenants that no persons, under its employ who presently exercises any functions or responsibilities in connection with Community Development funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider further convenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest, on the part of the Provider or its employee shall be disclosed, in writing, to the City. IX. Reporting Requirements. Maintaining credibility for the Community Development effort rests heavily on the ability to produce • an impact in every target area through progress' in accomplishing scheduled activities. An effective' method for maintaining project progress against a previously established schedule is through frequent project reporting. Project reporting will consist of both written reports and staff discussions on a regular basis. • Contents of the quarterly report for operational activities shall include, but are not limited to, the following items : (a) A general narrative report including ,, comparisons of planned versus actual progress and any output measures. (b) Problems or difficulties encountered in carrying out the activity and any recommendations or remedial actions undertaken to solve the problem. (c) Basic data of persons served. Quarterly reports shall be sutenitted to the City no later than ten (10) working days after the end of the quarter. Status reports on activities will be discussed by the Provider and the City Administration as deemed necessary. 7. - 4 - • X. Audit and Inspections At any time during normal business hours and as often as the City Administration and/or the Comptroller of the United States may deem necessary, there shall be made available to the City Administration and/or representatives of the Comptroller to audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. XI. Compliance with Local , State and Federal Regulations. As the City of Miami Beach is providing this funding through Federal Community Development Block Grant funds, all parties agree to comply with the follwoing Federal regulations as they apply. The • regulations are incorporated herein by reference. Section 3, Housing & Urban Development Act of 1968, 24 CFR 135. 20 (b) : Equal Employment Opportunities for Business and Lower Income Persons. (Attachment I) • Equal Employment Opportunity Clause for Contracts not subject to Executive Order 11246 (Attachment II) Flood Disaster Protection Act of 1973 Hud Lead-Based Paint Regulations, 24 CFR Part 35 Clean Air Act, as amended, 42 USC 1857 et seq Federal Water Pollution Control Act, as amended • 33 USC 1251 et seq Regulations of Environmental Protection Agency, 40 CFR Pt 15. • • Federal Labor Standards, 29 CFR. Parts 3,5, and 5a. Nondiscrimination under Title VI of Civil Rights Act of 1965. Federal Management Circular 74-4 "Cost principles applicable to grants and contract with State and Local Governments" . Office of Management 'and Budget, Circular No: A-102 "Uniform Administrative Requirements for grants-in- • aid to State and Local governments" . Hatch Act - 5 i • . i Additionally the agency will comply with all state and local laws and ordinances applicable hereto. XII . Additional Conditions of Compensation. It is expressly understood and agreed by the parties hereto. that monies contemplated by this Agreement to ' be used for the compensation, originate from grants of Federal Community Development Block Grant funds. It is expressly understood and agreed that in the event of curtailment or nonproduction of said Federal grant funds, that the financial sources necessary to continue to pay Provider compensation will not be • available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the .event of such determination, Provider agrees that it will not look to nor seek to hold liable the City of Miami Beach as an entity or any individual, member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be .; . released from further liability each to the other under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. ATTEST: .. CITY OF MIAMI BEACH 6::111,144 / City Clerk Elayne Wejfburd Vice Mayor WITNESSES : -_ _` MIAMI JEWISH HOME AND HOSPITAL - - FOR THE AGED ;7i 'Fred b7-HI t Executive Director F= ff. : - 6 - III • ' J SCHEDULE A COMMUNITY DEVELOPMENT - INTERIM OPERATIONS BUDGET MIAMI BEACH COMMUNITY MENTAL HEALTH CENTER • All budget line items reflect projected expenditures for seven months. • PERSONNEL - Salary and Fringe Benefits $21,094 Provides for the (Phased-in) addition of three full-time Master's level counselors to provide outpatient services to children, adolescents, adults and families as well as evaluation and planning, on an interim basis, in preparation for full federal funding for this project. • Fringe benefits were computed at 21%. TRAVEL -0- ' EQUIPMENT -0- SUPPLIES 171 Computed at $150/staff person CONTRACTUAL -0- CONSTRUCTION :-0- OTHER Telephone - Installation costs of $100 and monthly charges of $60/month 360 Printing/Client Testing Material 300 For outcome assessment, client records Office Space (Rental) - 600 square feet @ $6.92/sq. ft. 2,075 (Current Rental cost at present location) ' ,Consultation - Including Psychiatric and psychological 3,000 testing; clinical and programmatic consultation Sub-Total (Other) 5,735 TOTAL $ 27,000 • . • • ' H teach Me►Jt J_ SECTION 3 CLAUSE • A. The work to he performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the: requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u. 'Section 3 requires that to the greatest extent fcasible.opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project he awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. • B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all appli- cable rules and orders of the Department issued theteunder prior to the execution of this contract. The parties to this contract certify and agree that. they are under no contractual or other disability which would prevent them from complying with these requirements. , C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or • other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under. this Section 3 Clause and shall post copies of the notice in conspic- uous places available to employees and applicants for employment or training. • D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, ax the direction • of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor :is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcontractor where it has notice or 'knowledge that the latter has been found in violation of regulations under 24 CFR, and will not-let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the appli- cant or recipient, its contractors and subcontractors, it successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. • • H a. , • tf'ac17 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT,SUBJECT TO EXECUTIVE ORDER 11246 • In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion,'or transfer; recruitment or recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government • setting forth the provisions of this nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin, • • • • • 23 • • ORIGINAL i Resolution No. 78-15798 (Authorizing execution of agreement with Miami Jewish Home and Hospital for the Aged to fund interim operations for the M. B. Community Health Center Inc for seven months to increase mental ' - ' health services )