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RESOLUTION 93-20723 RESOLUTION NUMBER 93-20723 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT CONTRACTS WITH THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) , NUMBERS KL994 AND KL995, IN ORDER TO COMPLY WITH THE REVISED ATTACHMENT ENTITLED "FINANCIAL AND COMPLIANCE AUDITS." WHEREAS, the City of Miami Beach on June 24 , 1992 , signed and executed two (2) contracts (KL994 and KL995) with the State of Florida Department of Health and Rehabilitative Services (HRS) for funding of the Developmental Training and Supported Employment Training Programs at the Miami Beach Activity Center; and WHEREAS, said contracts are in full force and effect; and WHEREAS, in order to comply with HRS requirements, the City must amend the contracts to include the revised attachment entitled "Financial and Compliance Audits" ; and WHEREAS, no other changes to the current HRS contracts are being made at this time. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: The City Commission of the City of Miami Beach hereby authorizes the Mayor and City Clerk to execute said Amendment to �--j,� contracts, �-,�.• •�-��-.�. r T r1 n /I and T Ll!1� with the Department -� �-ti.,,.�..., r.�` T �+ and.3 the con t►�ac t s, KL9 J 4 and KLA 5, Depar t�ment of j lealth and Rehabilitation Services (HRS) . PASSED AND ADOPTED this day of 17th of ebruary 993 . 1 MAYOR ATTEST: rThM AP,PRVED DD PT. CITY CLERKj- q 9 Dat= • CITY OF MIAMI BEACH (Tr 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. 97J)3 TO: Mayor Seymour Gelber and DATE: February 17 , 1993 Members of the City Commission FROM: Roger M. Carat City Manager SUBJECT: A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT CONTRACTS WITH THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) , NUMBERS KL994 AND KL995, IN ORDER TO COMPLY WITH THE REVISED ATTACHMENT ENTITLED "FINANCIAL AND COMPLIANCE AUDITS". ADMINISTRATION RECOMMENDATION: The Administration recommends adoption of the attached Resolution which authorizes the execution of an amendment to two contracts with the State of Florida Department of Health and Rehabilitative Services. HRS has requested an amendment to the contracts, which is a revised copy of the State's Financial/Audit attachment. Therefore, in order to comply with their requirements, the new attachment to the contracts entitled "Financial and Compliance Audits" will be substituted. 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 Development, Design and Historic Preservation Services. Clients participating in this program are referred from either Health and Rehabilitative Services (HRS) or sponsored by their own families. 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. In 1989, the City's MBAC also became 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 already learned under the Developmental Training Program, detailed above. Both of these programs, while funded separately, are intricately linked together. ANALYSIS On June 24 , 1992 , two (2) contracts (KL994 and KL995) with the State of Florida Department of Health and Rehabilitative Services (HRS) were signed and executed by the Mayor and City Clerk. HRS 23 AGENDAR=7- 6 ITEM DATE 2-H- • • r , r 4 COMMISSION MEMO FEBRUARY 17, 1993 PAGE 2 has now requested an amendment to the contracts, which is merely a revised copy of the State's Financial/Audit requirements. Therefore, to ensure compliance with HRS, the City must amend the contracts to include the revised attachment entitled "Financial and Compliance Audits. " No other changes to the current contracts are being made at this time. All agencies serving the developmentally disabled in the State of Florida are asked to execute this Amendment to their contracts. CONCLUSION This Amendment to the HRS contracts must be executed in order to ensure compliance, and allow us to continue receiving our HRS Grant funds. RMC/STP:lk Attachment 24 1 , _ $4 AMENDMENT I THIS AMENDMENT , entered into between the State of Florida , Department of Heal th and Rehabilitative Services , hereinafter ref erred to as the "department " and The City of Mi ami Beach hereinafter referred to as the "provider" , amends cont ract KL995 . 1 . Attachment 11 of the original contract i s being replaced in its entirety by Attachment #1 of this amendment - 2 . This amendment sha 1 I begin on December 1 , 1992 , or the date on which the amendment has been signed by * both part i es , -whi chever i s later . All provisions in the contract and any attachments thereto in conf I i c t with this amendment sha I I be and are hereby changed to f conform wi th this amendment . All provisions not in conflict w i t h this amendment are still in effect and are to be performed at the I evel specified in the contract . This amendment and a I I its attachments are hereby made a part of the contract . IN WITNESS WHEREOF , the parties hereto have caused this 3 page amendment t o be executed by their officials thereunto duly authorized . PROVIDE' STATE OF FLORIDA DEPARTMENT OF The •i t, of M.: i '•each HEALTH AND REHAB IL I TAT I VE SERVICE S SIGNE4 //,,/t// . . .___1LGNED .' BY : ���ADP NAME : r - • -r NA Ar Anita M. Bock T I TLE I Mayor - TITLE :Deputy District Administrator DATE : 24241 I3 DATE : `x' .2.2 • R3 City Clerk - FORMAPPROVED FEDERAL ID NUMBER 5960_00372 LE L DEPT. By Date- .1• ATTAC1 SEN T #1 Page 2 FINANCIAL AND COMPLIANCE AUDITS ATTACHMENT 10 This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local government entity, nonprofit organization, or for-profit organization. PART I: SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of S25,000 or more from the department during its fiscal year. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. TheP rovider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Government Auditing Standards ("Yellow Book") issued by the Comptroller General of the United States. Local governments shall comply with Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments. Nonprofit providers receiving federal funds passed through the department shall comply with the audit requirements contained in OMB Circular A-133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the auditPe rformed shall include the financial audit requirements of the "Yellow Book," and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow Book." If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to auditsPe rformed by independent auditors, other than the Auditor General, shall be submitted within 120 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Office of Audit and Quality Control Services 1317 Winewood Boulevard, Building 5, Room 116 Tallahassee, Florida 32399-0700 B. Contract Manager for the department C. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse .► U.S. Bureau of the Census Jeffersonville, Indiana 47132 D. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer • Office of the Auditor General P. 0. Box 1735 Tallahassee, Florida 32302 TheP rovider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 9/30/92 • ATTACHMENT #1 Page 3 PART II: GRANTS AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year or (2) a for-profit organization receiving any amount from the department. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 120 days after the provider's fiscal year end to the following: A. Office of Audit and Quality Control Services 1317 Winewood Boulevard, Building 5, Room 116 Tallahassee, Florida 32399-0700 B. Contract Manager for the department C. Jim Dwyer Office of the Auditor General P. 0. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. PART III: NO AUDIT REQUIREMENT This part is applicable if the provider is not awarde4 funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year or (2) a for-profit organization receiving any amount from the department. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. The provider has no audit or attestation statement required by this attachment. z3 9/30/92 t 1 "1 r, 1 A ' AMENDMENT THIS AMENDMENT , entered into between the State of Florida , Department of Health and Rehabi I i tat ive Services , hereinaf ter referred to as the "department " and The City of Miami Beach hereinafter referred to as the "provider" , amends cont ract KL994. 1 . Attachment IV of the original contract i s being replaced in its entirety by Attachment #1 of this amendment . 2 . This amendment sha I I begin on December 1 , 1992, o r the date on which the amendment has been signed by both parties , whichever i s later . Al I provisions in the contract and any attachments thereto in conflict with this amendment sha I I be and are hereby changed to conform wi th t h i s amendment . All provisions not in conflict w i t h this amendment are still in effect and are to be performed at the l eve l specified in the contract . This amendment and all its attachments are hereby made a part of the contract . IN WITNESS WHEREOF , the parties hereto have caused this 3 page amendment to be executed by their officials thereunto duly authori zed . PROVIDER STATE OF FLORIDA DEPARTMENT OF The Cit • Miami B=- • HEALTH AND REHAB IL I TAT I VE SERVICE S SIGNED SIGNED B Y : """"- - NAME : ,- 11 our G- •er NAM . Anita M. Bock TITLE : Mayor TITLE :Deputy District Administrator DATE : ` /24(93 DATE : 5: /7• fj --' ic.-c,A.4-../..A.-- E.__-%Nr __ City Clerk FEDERAL ID NUMBER : 596000,372 FORM APPROVED • frAL DEPT. Bl J Date /*C/9) 1 ATTACKMENT #1 Page 2 FINANCIAL AND COMPLIANCE AUDITS ATTACHMENT 07/ This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local government entity, nonprofit organization, or for-profit organization. PART I: SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of S25,000 or more from the department during its fiscal year. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Government Auditing Standards ("Yellow Book") issued by the Comptroller General of the United States. Local governments shall comply with Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments. Nonprofit providers receiving federal funds passed through the department shall comply with the audit requirements contained in OMB Circular A-133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book," and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow Book." If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be submitted within 120 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Office of Audit and Quality Control Services 1317 Winewood Boulevard, Building 5, Room 116 Tallahassee, Florida 32399-0700 B. Contract Manager for the department C. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse .► U.S. Bureau of the Census Jeffersonville, Indiana 47132 D. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer Office of the Auditor General P. 0. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 9/30/92 ATTACHMENT #1 • Page 3 • PART II: GRANTS AND AIDS AUDIT/ATTESTATION ThisP art is applicable if the provider is awarded funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year 9 or (2) a for-profit organization receiving any amount from the department. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. If the amount received from grants and aids appropriation awards exceeds 625,000, but does not exceed $100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entitY or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 120 days after the provider's fiscal year end to the following: A. Office of Audit and Quality Control Services 1317 Winewood Boulevard, Building 5, Room 116 Tallahassee, Florida 32399-0700 B. Contract Manager for the department C. Jim Dwyer Office of the Auditor General P. 0. Box 1735 Tallahassee, Florida 32302 TheP rovider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. PART III: NO AUDIT REQUIREMENT ThisPa rt is applicable q f licable if the provider is not awardeunds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year or (2) a for-profit organization receiving any amount from the department. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. The provider has no audit or attestation statement required by this attachment. 9/30/92 RESOLUTION NUMBER 93-20723 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT CONTRACTS WITH THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) , NUMBERS KL994 AND KL995, IN ORDER TO COMPLY WITH THE REVISED ATTACHMENT ENTITLED "FINANCIAL AND COMPLIANCE AUDITS." WHEREAS, the City of Miami Beach on June 24 , 1992 , signed and executed two (2) contracts (KL994 and KL995) with the State of Florida Department of Health and Rehabilitative Services (HRS) for funding of the Developmental Training and Supported Employment Training Programs at the Miami Beach Activity Center; and WHEREAS, said contracts are in full force and effect; and WHEREAS, in order to comply with HRS requirements, the City must amend the contracts to include the revised attachment entitled "Financial and Compliance Audits" ; and WHEREAS, no other changes to the current HRS contracts are being made at this time. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: The City Commission of the City of Miami Beach hereby authorizes the Mayor and City Clerk to execute said Amendment to the contracts, KL994 and KL995, with the Department of ealth and Rehabilitation Services (HRS) . PASSED AND ADOPTED this day of 17th of ebruary 1993 . 0 ;& MAYOR ATTEST: '"M AP? sVED /- L. .41; PT. id, CITY CLERK If g 93 Dat • 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. 97l3 TO: Mayor Seymour Gelber and DATE: February 17, 1993 Members of the City Commission FROM: Roger M. Cat City Manager SUBJECT: A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT CONTRACTS WITH THE DEPARTMENT OP HEALTH AND REHABILITATIVE SERVICES (HRS) , NUMBERS KL994 AND KL995, IN ORDER TO COMPLY WITH THE REVISED ATTACHMENT ENTITLED "FINANCIAL AND COMPLIANCE AUDITS". ADMINISTRATION RECOMMENDATION: The Administration recommends adoption of the attached Resolution which authorizes the execution of an amendment to two contracts with the State of Florida Department of Health and Rehabilitative Services. 'HRS has requested an amendment to the contracts, which is a revised copy of the State's Financial/Audit attachment. Therefore, in order to comply with their requirements, the new attachment to the contracts entitled "Financial and Compliance Audits" will be substituted. 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 Development, Design and Historic Preservation Services. Clients participating in this program are referred from either Health and Rehabilitative Services (HRS) or sponsored by their own families. The program strives to teach its clients basic living skills, which will allow them to become self-reliant and no longer entirely dependent upon wet fmre mr,A m.;._,-vice agencies_ for their sustenance, In 1989, the City's MBAC also became 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 already learned under the Developmental Training Program, detailed above. Both of these programs, while funded separately, are intricately linked together. ANALYSIS On June 24, 1992, two (2) contracts (KL994 and KL995) with the State of Florida Department of Health and Rehabilitative Services (HRS) were signed and executed by the Mayor and City Clerk. HRS 23 AGENDA_E2_5 ITEM DATE 2-t9 COMMISSION MEMO FEBRUARY 17, 1993 PAGE 2 has now requested an amendment to the contracts, which is merely a revised copy of the State's Financial/Audit requirements. Therefore, to ensure compliance with HRS, the City must amend the contracts to include the revised attachment entitled "Financial and Compliance Audits. " No other changes to the current contracts are being made at this time. All agencies serving the developmentally disabled in the State of Florida are asked to execute this Amendment to their contracts. CONCLUSION This Amendment to the HRS contracts must be executed in order to ensure compliance, and allow us to continue receiving our HRS Grant funds. RNC/STP:lk Attachment • STATE OF FLORIDA COUNTY OF DADE: BROWN, City Clerk of the I, RICHARD E. hereby Certify City Cit of Miami Beach, Florida, do tor- that the above and foregoing is a true n file iandn this rect copy of the original thereof on office. WITNESS, my hand • this • , aY o A.D. 19 9.3 RICHARD E. BROWN City Clerk of the City of Miami Beach,Florida C tY By: Deputy RESOLUTION NO. 93-20721 • Authorizing and directing the Mayor and City .Clerk to execute an amendment to the current contracts with the Department of Health and Rehabilitative Services (HRS) , .. Numbers KL994 and KL995, in order to comply with the revised attachment entitled "Financial and Compliance Audits."