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RESOLUTION 92-20481 RESOLUTION NO. 92-20481 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 INDEPENDENT LIVING SKILLS 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 independent living skills training and transportation services 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 $187 , 565 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 independent living skills training and transportation services for up to forty (40) developmentally disabled (mentally retarded) adults at the Miami Beach Activity Center. PASSED AND ADOPTED THIS 8th day o April 1992. YOR ATTEST: FORM APPROVED CITY CLERK LEGAL DEPT. Date 3/-3V22__ F 11 1. I ( 1 1 1 I 4► , , t CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. //542 DATE: April 8, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger Me Carito IA/ City Manager er 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 OF 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 EMPLOYMENT 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. Not 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 private 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 72 ITEM DATE 4-/-5-9Z • i • • • • COMMISSION MEMO APRIL 8, 1992 PAGE 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 up 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 June 30, 1993 , to coincide 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 ?111'9'Z Contract No. STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATE SERVICES STANDARD CONTRACT "rIS 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'. ")iE PARTIES AGREE: 71-IE PROVIDER AGREES: 2 To permit persons duty authorized by the department to lnsCect any records, papers, documents, facilities. goons and services of the A. To provide services according to Lie conditions specified in provider winch are relevant to this contract, and/or interview any .Artacnment(s) • clients and employees of the provider to be assured of satisfactory 3. Federal Laws and Regulations performance of the terms and conditions of this contract. Following If1. this contract contains federal funds, the provider snail comply with such inspecion the department will deliver to the provider a list of its the orovisionc of 45 CFR, Part 74, and/or 45 CFR Part^2.ant other comments vias regard to the manner In wnich said goons or services applicable regulations as specified Ir.Attachment — are being provided. The provider will rectify all noted deficiencies —•----- provided by the department within the specified period of time set 2. i'f 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, croon, or and acceptable justification for not correcting the noted shortcomings. :egulations issued unoer Section 305 of the Clean Air Act,as amended The provider's failure to correct or iustlfy within a reasonable time as 42 U.S.C. 1857(h) et sea.), Section 508 of the Clean Water Act, as specified by the department may result in the withholding of amended (3.3 U.S.C. 1368 et seq.), Execu:••e Order 11738, and payments, Doing deemed in breach or Default, or termination of this Environmental Protection Agency regulations (0 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 $100,00Q. the 1. ..e provider agrees to be liable for all claims, suits, judo-lents, provider must, prior to contract execution, complete the Certification o -.-get,including court costs and attorney's fees,arising c.ut o e Regarding Lobbying form, Attac nment . if a Disclosure of negiig=, or intentional acts or omissions the provider, • C Its ..obbying Activities form, Stannard Form W., is required, it may oe agents, ••-•ntractors,and employees,in a course of th. •peration obtained from the contract manager. Ail 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 •• all claims, d men•-, or damages, returned to the contract manager. including court -• and attorney' eel, n• -art of the negligent Audits and Records or intentional acts or isslons the p•- 'der, and its agents. subcontractors,and imp- (4.•,in co of the operation of this 1. To maintain books, records, and documents (including iiectrortic contract Also,the provid •�••-reel to Wend the deoartrnent, upon storage media) in accordance with generally accepted accounting receiving timely written roti n •m the department, against all procedures and practices which sufficiently and Properly reflect s11 ciaims,auks,judgincluding y revenues aria expenditures of tunas provided by the department •. o dor g- costs and attorney's under this contract. fees,arising out of • n • iprif or mitt 7,• acts or omissions of the provider . .• = ' • contractors.an- 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 dip • - •• Dint negligent acts, the p. der shall not be Culy authorized by the aeparement,as well as by federal personnel. liable for nor 77. any obligation to defend the partment with 3. To maintain and file with the department-such progress, fiscal and r•sprct tot • part of lite joint neQlipertt act corn ed by the d inventory reports as specified in Attachment , and other � ` no event shall the provider be liable foto ave any reports as he department may require within the period of this ' defend the deparsms#rrt against such ,claims, alts, contract, Such reporting requirements must be reasonable given the ice' onto,or damages,Including costs and attorney s lees, ars •• scope and purpose of this contract • of the sole negligent acts of the aepsrtnnent. 4. To provide a financial and compliance audit to the department els 2. My provider who is a state agency or subdivision, as defined In saecified in Attachment and to ensure that all related party section 768.28, Florida Statutes, agrees to be fully responsible for its •,ransactions are disclosed to the auditor. Additional audit negligent acts of omissions or intentional tortious acts which result in aims or suits against t reQuirements are specified In Attachment 1, Special Provisions, the department,and agrees to be liable for any Section damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any 5. To include hese aforementioned audit and record keening provider to which sovereign immunity applies. Nothing herein shall requirements in ail approved subcontracts and assignments. be construed as consent by a state agency or subdivision of the State 3. Retentions of Records of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor of 1. To retain all client records, financial records, supporting documents, the department and not an agent or employee. statistical records, and any other aocuments (including electronic storage media) pertinent to this contract for a period of five (5) years G.Insurance - atter termination of this contract,or it an audit has been initiated and 1. To provide adequate liability insurance coverage on a comprehensive audit findings have not been reserved at the end of five(5)years,the basis and to hold such liability Insurance at all 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 duly authorized by the department and federal auditors, identifying and determining the type(s) and extent of liability pursuant to 45 CFR, Part 92.42(e)(1) and (2), shall have full access to Insurance necessary to provide reasonable financial protections for and the right to examine any of said recoras and documents during the provider and the clients to be served under this contract. Upon said retention period or as long as records are retained,whichever ictn e execution of this contract, the provider shall furnish the later. department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be Monitoring provided by a ser!-Insurance program established and operating 1. To provide reports as specified in Attachment . These under the laws of the State of Florida. The department reserves the reports will be used for monitoring progress or pe ormance of the right to require additional insurance as specified in contractual services as specified in Attachment Attachment where appropriate. • • 7111bl 2.. if the provider is a state agency or suodivision as defined by 0.Purchasing section 758.28. 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 a.xoroanoe with section 75$.28, Florida Statutes. Nothing herein subject of, or are required to carry out this contract shall be snail be construed to extend any party's fiability beyond that purcnamed from Prison Rehabilitative Industries and Diversified provided In section 788.28,Florida Statutes. Enterprises, inc. (PRIDE) Identified under Chapter 946. Fonda . Safeguarding InformationStatutes,in the earn*manner and under the procedures set forth In Not toties*or disclose any information concerning a recipient>of services svasactions 94d.b15{2)and (4),Florida Statutes. For purposes of this near this contract for any purpose not in conformity wrth the state the person.firm, or other business entity carrying out the rsguiations and federal regulations (45 CFR, Part 205.50), except upon pt sloes of contract shall be deemed to be molted fcr the written consent of the recipient, or his responsible parent or guardian aeplittrsnt insofar as osaJings with PRIDE. This clause is not omen authorized bylaw. applicable to any subcontractors, unless otherwise required by law. An abbreviated list of products/services available from PRIDE may 1. Client information be obtained by contacting PRiDE'S Tallahassee branch office at(904) 7o submit management, program, and client identifiable data, as 487-3774 or SunCotn 277-774. specified by the department in Attachment 2. Procurement of Products or Materials with Recycled Content J. Asslgnment3 and Subcontracts Additionally,ft is expressly understood and agreed that any proeucts 7o neither assign the responsibility of this contract to another party nor or materials which are the subject of,or are required to carry out this suocontract for any of the wort( contemplated under this contract contract shall be procured In a000raance with the p:ovisions c! without prior written approval of the department. No suon approval by section 403.7065,Florida Statutes. the department of any assignment or suocontract shall be deemed in P. Civil Rights Certification any event or in arty manner to provide for the inaurrenoe of any obligation of the department in addition to the total dollar amount 1. The provider gives this assurance in consideration of and for the agreed upon in this contract. Maui=assignments or subcontracts shall sie obtaining federal grants, loans, contracts (exce�� be subject to the aonaltions of this contract (exaept Section I =Ira of insurance or guaranty), property, discounts, or c federal financial assistance to programs or activities rsoeivi^ Paragraph 0.1.1 and to any conditions of approval that the department =r shall deem necessary. benefiting from federal financial assistance. The provider agree :c complete the Civil Rghts Compliance Questionnaire,HRS Forms,fie K. Financial Reports A and B.ff so requested by the departure" To provide financial reports to the depart=ment as specified In 2. The provider assures that It will comply wiIA: Attachment L This VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. L Return of Funds ZOOOd et sag.,which prohibits discrimination on the basis of rave, 1. To return to the department any overpayments due to unearned color, or national origin in programs and activities receiving cr funds or funds disallowed pursuant to the terms of this contract that benstrting horn federal financial assistance. were disbursed to the provider by the department. The provider shall Sectiof return any overpayment to the department within forty(40) calendar b. on 30+x • Rehabilitation Act of 1973, as amended. cays after either discovery by the provider. or notification by the U.S.C.�� prohibitsh discrimination on the basis az handicap In programs and activities receiving or benefiting from department,of the overpayment In the event that the provider or its federal independent auditor discovers an overpayment has been mace,the fjrals °f' provider shall repay said overpayment within forty(40)calendar days c. ml. IX of the Education Amendments of 1972. as amended, without prior notification from the department in the event that the 20 U.S.C.1581 et seq.,which prohibits discrimination on the Basi department first discovers an overpayment has been made, the of sex in education programs and activities receiving or benefiting. department will notify the provider by letter of suc - finding. Should from federal financial assistance. repayment not be made in a timely manner, the department will c ft erg e i me ro at of one (1) percent per month *crit coca nded on the d. The Age Di�trn i�rtation Act of 1975,as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in balance :her forty (40) calendar nays atter the date of programs or activities receiving or benefiting from fedoral flr�a3nci notification or discovery. a' 2. For state universities,should repayment not be made within forty(40) s. Section 654 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 owed from the state university's account to the account of basis of race,creed,color,national origin,sax,handicap,political amounts HRS. accountaffiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. M.Incident Reporting 1. All regulations, guidelines, and standards as are now or may be 1. Client Risk Prevention I services to clients will be provided under this contract,the provider lawfully adopted under the above statutes. and any subcontractors shall. in accordance with the client risk 3. The provider agrees that compliance with-this assurance consti....tes prevention system, report those reportable situations listed in a condition of continued receipt of or benefit from federal fins; ciai HRSR 215-8, Paragraph 5, In the manner prescribed in HRSR 215-8 assaistance,and that It is binding upon tete provider, Is successors, or district operating procedures. transferees, and assignees for the period during which such assistance is provided. The provider further assures that ail 2.. Abuse,Neglect and Exploitation Reporting contractors, subcontractors, subgrsntees, or others with whom it !n compliance with Chapter 415,Florida Statutes,an employee of the • provider wno knows,or has reasonable cause to susoect,that a child, arrangesarranges to p services or benefits to participants or employees • with r aged person or disabled adult is or has been abused.neglected, or in connectionany of Its programs and activities are no. . expioited, snail Immediately report such knowledge or suspicion to discriminating against those participants or employee=in violationthe the central abuse registry and tracking system of the department on the above statutes, regulations, guidelines, and standards. Grantor IIIc single statewide toll-free telephone number(t-�800-ABUSE). event of failure to comply,the provider understands may, at Its dls ration, seek a court order requiring compliance with H.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 aha subcontract with a designated Community Transportation Coordinator, further assistance being denied. n accordance with the provisions of Chapter 427,Florida Statutes,andQ.Requiremeints Section 287.053,Florida Statutes Rule Chapter 41-2, Florida Administrative Code. The provider shall submit to the department the reports required pursuant to Volume 10, 1• To submit bills for fees or other compensation for services or Chapter 27,HRS Accounting Procedures Manual. expenses In sufficient detail for a proper pre-audit and post-audit i1/1X' 2. Where applicable, to aubrnit bills for any travel expenses in B. Contract Payment accordance with section 112.061, Florioa Statutes. The department 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 section 112.061.Florida Statutes. Vie State Compuoiler not later than twenty (20) days from the latter of 3.. T o provide unite of deiivsrables, including moons, findings, and the' a Spit invoice is received or receipt.inspection and approval drafts as specified In of the goods or services, th exoept that in e case of a bona fide dispute to be received and aooeotea by the contract manager prior to the voucher shall contain a statement of the dispute ono authorize payment payment only int the amount not disputed. The sate on which an invoice is deemed received la the date on wnlch a proper invoice Is fust received t. To comely with the criteria and final date by which sucn criteria must at the place designated by the department. Invoices wnlch have to be be met for completion of this contract as s ecdfled in Section ill, returned to a venoor because of vendor preparation errors will resuit in a ?aragrapn A.2.of this contract. coley in the payment The Invoice paymerc requirements do not start 5. To show parotic access to all documents, papers. letters, or ether until a properly completed Invoice, as defil.,d in Rule Chapter 33A.24 Florida Aciministratfve Code, is provided to the department. Approval materials auo)ect to the provisions of Chewier 119, Florida Stages, and inspection of goods or services shall take no longer than five (5) and made or received by the provider in conjunction with this working days unless the bid specifications, pureness order or cont act contract. it is expressly understood that substantial evidence of the specifies otherwise. Such appfoYal Is for the purpose of authorizing provider'; refusal to comply with this provision snail constitute a payments and does not constitute a final approval of services purchased oreacri of contract. under this contract. A payment is deemed to be issued on the first R. Withholdings and Other Bensttts working day that payment is available for delivery or mailing to the 1. The provider i3 responsible for Social Secunty 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 Rule Chapter 2. The provider is not entitled to rate retirement or leave benefits 3A-24,Flea Administrative Code,sitar uta receipt of the invoice and receipt,inspection,and approval of the goods and services, except tuners the provider is a state agency. the ciepartrnent shall pay to the provider, in addition to the amount of :. 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 sucn forty wiii not furnish services of support(e.g.,office apace,office supplies, (40)day period,or thirty-five(35)day period for health care providers as telephone service, secretarial,or clerical support) normally available defined in Rule Chapter 3A-24, Florida Administrative Coca, until such to career service impioyess. 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 telieve the department from this obligation to pay As required by section 286.25,Florida Statutes, if the provider is a nongovernmentai organization which sponsors a program financed interest wnolty or in part by state funds, including any funds obtained through C.Vendor Ombudsman this contract, It shall. In publicizing, advertising or oesc ribing the A Vendor Ombudsman has been established within the Department of sponsorship of the program. stat.: 'Sponsored cy Banking and Finance. The duties of tuts individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely Payment(*)from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's ,-- PoiOvi0F.R Hotline, and the State of Florida, Department of Hearth and Rehabilitative Services'. if the sponsorship reference is in written material, the words III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: 'State of Florida,Department of Health and Rehabilitative Sennas'snail A. Effective Date appear in the same size letters or type as the name of the organization. 1. This contract shall begin on or Discounted Invoices on the date on which the contract has poen srgnea by botch parties. 7. r To aglow a percent discount on selected invoices which are 1s later. r...4.40 kr glow w carer Oily I► ,S►prVirnieiir ramie*sly 2 r t�tirel ' f i t invoice with the discount Is to be allowed. The provider may suernit invoices with or without the negotiated discount terms. The department 8-Termination snail comply with subsection 215.422(4), Florida Statutes, If a 1. Termination at wui bscounted invoice Is offerer!. This contract may be terminated by either party upon no less than thirty(30)calenoat days notice,without cause,unless a lesser time is U. Final Invoice mutually agreed upon by both parties. Said notice snail 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 aepartrnent no more than clays after the contract*nos or is delivery, terminated;if the provider fails to cc so,ail right to payment is forfeited, and the department will not honor any requests submitted after the 2 Terminatlon Because of Emote of Funds aforesaid time period. My payment due under the terms of this n the event funds to finance this contract become unavailable, the contract may be withheld until ail reports due from the provider, aria department may terminate the contract upon no less than necessary adjustments thereto,have been approved by the oeparttrtent. twenty-four(24) hours notice In writing to the provider. Said notice snail 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 comely with the provisions of section 216.347, Florida Ste its, authority as to the availability of funds, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. 3. Termination for Select' Unless the provider's breach is waived by the department in writing, i 1. THE DEPARTMENT AGREES: the department may,by wrttten 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 7o pay for contracted services a000rdin to the conditions of 9 person with proof of delivery, if applicable, the department may Attachment I in en amount not to exceed S employ the oefautt provisions in Chapter 13A-1, Florida subject to the availability of funds. The State os on a s performance Administrative Code. 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 arid appropriation by the Legislature. The of services paid under any shaft not be construed to be a modification of the terms of this other contract or from any other source are not eligible for coniracL The provisions herein do not limit the department's right to reimbursement under this contract remedies at law or to damages. • 4 1 ~ i 7/1192 Contract No. payment when these have been established through the appropriations Notes and Contact process and subsequently Identified In the department's operating t. The name,address and telephone number of the contract manager for budget the department for this contract is: E. NameMailing and Street Address of Payee 1. The name (provider name as shown on page 1 of this contract) and to wnom the payment shall t e mailing address of the official payee made' 2. The name,address and telephone number of the representative of the provider responsible for sominiatration of the program under this --- contract is: 2. The name of the contact person and street address wnere financial arc adminiSttatty records are maintained: 3. in the event that different representatives are designated by etherparty o the after execution of this contract.notice of the name and address new representative will be rendered In writing to the other party and said notification attached to originals of this contract. F. Ali Teems and Conditions included 0. Renegotiation or Modrflbatiott This contract and Its attachments as referenced,( 1. Modifications of provisions of this contract shall only be valid when they have been reduced VI writing and duly signed. The parties agree to renegotiate this coma.t it 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 teams and conditions agreed upon dy Lhe parties- retroactively to reflect price level increases and changes in the rate of IN WITNESS'T1rlEREOp, the parties hereto haw caused this ?ag•contract to be executed by their undersigned officials as duly authorized. PROVIDER STATE OF FLORIDA,DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES SIGNED BY: SIGNED BY: NAME: ,_._ NAME: TITLE: .— TITLE: �— • DATE: DATE: FEDERAL ID NUMBER(or SS Number for an individual): FORM APPROVED STATE AGENCY 29 DIGIT SANAS CODE: LE DEPT. PROVIDER FISCAL YEAR ENDING DATE: Date .3/3//F ICONTRACT IS NOT VALID UNTIL SIGNED tamm BY BOTH PARTIES Pr ORIGINAL Immlummw6limmimmIESOLUTION NO. 92-20481 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 independent living skills training of 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.