Miami-Dade Legislative Item
File Number: 112439
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File Number: 112439 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1051-11 Control: Board of County Commissioners
File Name: FY 2011-12 PUBLIC HEALTH SERVICES CONTRACT BTWN MDC AND FDOH Introduced: 11/22/2011
Requester: Office of Management and Budget Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8G1
Notes: TLL- 11/22/2011-AMENDED ITEM FROM 112172 Title: RESOLUTION APPROVING THE EXECUTION OF RETROACTIVE CONTRACT IN THE AMOUNT OF $1,204,767 WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE PURPOSE OF MEETING PUBLIC HEALTH NEEDS OF THE CITIZENS OF MIAMI-DADE COUNTY AND AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXERCISE THE AMENDMENT, RENEWAL, MODIFICATION, CANCELLATION, AND TERMINATION PROVISIONS THEREIN, TO EXECUTIVE FUTURE AGREEMENTS FOR, AND APPLY FOR, RECEIVE, AND EXPEND ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE UNDER THIS PROGRAM FOR THIS PURPOSE [SEE ORIGINAL ITEM UNDER FILE NO. 112172]
Indexes: CONTRACT
  DEPARTMENT OF HEALTH
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2011 8G1 Adopted P

County Attorney 11/22/2011 Assigned Eugene Shy 11/28/2011

County Mayor 11/22/2011 Assigned County Attorney 12/6/2011
REPORT: OMB (AMENDMENT TO LEG# 112172) (ASST. COUNTY ATTY: EUGENE SHY)

County Mayor 11/22/2011 Assigned Alina Tejeda-Hudak 11/22/2011 11/22/2011

Internal Mgmt. & Fiscal Responsibility Committee 11/8/2011 3F AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Ms. Wendi Norris, Assistant Director, Internal Services Department, noted this proposal should be amended to insert the following language at the end of the first sentence in section 7C on handwritten page 13: “with the exception of the two Ford vans utilized by the Doctor Rafael A. Penalver Clinic vehicle 80243 and vehicle 80244 will be transferred to the ownership of the Doctor Rafael A. Penalver Clinic who, through its board, manages the operation of the Clinic in partnership with the Health Department. That clinic will be responsible for providing insurance coverage for these vehicles and assume all liability associated with their operation.” Ms. Norris also noted that a scrivener’s error existed and should be corrected to change “construction/renovation services” to “AIDS drug assistance program” at the end of the first paragraph on handwritten page 2. Hearing no other questions or comments, the Committee proceeded to vote on this proposed resolution as amended.

Legislative Text


TITLE
RESOLUTION APPROVING THE EXECUTION OF RETROACTIVE CONTRACT IN THE AMOUNT OF $1,204,767 WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE PURPOSE OF MEETING PUBLIC HEALTH NEEDS OF THE CITIZENS OF MIAMI-DADE COUNTY AND AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXERCISE THE AMENDMENT, RENEWAL, MODIFICATION, CANCELLATION, AND TERMINATION PROVISIONS THEREIN, TO EXECUTIVE FUTURE AGREEMENTS FOR, AND APPLY FOR, RECEIVE, AND EXPEND ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE UNDER THIS PROGRAM FOR THIS PURPOSE

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that this Board retroactively authorize the execution of the agreement between Miami-Dade County and the State of Florida Department of Health for one year, from October 1, 2011 to September 30, 2012, to provide $1,204,767 in program support to the State of Florida Department of Health in Miami-Dade County, and authorizes the Mayor to execute such contracts and agreements as are required by this agency following their approval by the County Attorney’s Office; to expend any and all monies received for the purpose described in the funding request; to apply for, receive and expend additional future funds should they become available under this program for this purpose; to file and execute any necessary amendments to the application for and on behalf of Miami-Dade County, Florida; and to exercise amendment, modification, renewal, cancellation and termination clauses of any contracts and agreements on behalf of Miami-Dade County, Florida.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: FY 2011-12 Contract with Miami-Dade County and the State of Florida Department of Health to Provide Public Health Services to the Miami-Dade County Residents
This item was amended at the November 8, 2011 Internal Management and Fiscal Responsibility Committee to correct the ownership of the vehicles on page 7 of the attached agreement and to correct an error in the memo to include the AIDS Drug Assistance Program as an indirect contribution from the state.

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board approve the attached resolution retroactively authorizing the execution of the agreement between Miami-Dade County and the State of Florida Department of Health (DOH) for one year, from October 1, 2011 to September 30, 2012. The resolution authorizes Miami-Dade County to provide $1,204,767 in program support to the State of Florida DOH for public health services to Miami-Dade County residents.
Scope
This agreement provides for public health services to Miami-Dade County residents countywide.
Fiscal Impact/Funding Source

The FY 2011-12 contract identifies total program cost of $69,943,761 (Attachment II, page 18) including indirect/in-kind support and contributions by the state ($56,273,594) and a direct local County Contribution of ($1,204,767), and other local contribution ($12,465,400) to the state Public Health Trust Fund maintained by the State Treasurer (See Attachment II, page 17). Additionally, the contract delineates the public health services to be provided by each unit and the corresponding staff and service measures (see Attachment II, Part III).

The state’s cash contribution totals $56,273,594 (Attachment II, page 18) consisting of state and federal revenues ($52,883,172), state-authorized fees ($1,992,576) and other miscellaneous revenues ($1,397,846).
The County’s cash contribution totals $1,204,767 (Attachment II, page 16) consisting of $1,130,909 from the Public Health Trust (PHT), and $73,858 from the Community Development Block Grant (CDBG) (see Attachment II, Section 9, page 16). The CDBG funding is used for the Immunization Program. The DOH can elect a re-appropriate funding among the different programs with prior contract officer approval, if necessary. The PHT’s reimbursement methodology and monitoring requirements are detailed under separate agreements between the PHT and DOH.

The other local cash contribution totals $12,465,400 of which $5,000,000 is ARRA grant Federal Funding awarded from CDC to the Miami-Dade County Health Department for Chronic Disease Prevention and Education (Attachment II, Section 11, page 18). The remainder consists of fees assessed for DOH health services new birth and death certificates, environmental health and communicable disease services, carryover funds held in the state Public Health Trust Fund, Medicare payments, and private cash donations.

Pursuant to state law, the Board of County Commissioners is responsible for approving the DOH revised fee schedule (see Attachment VII). However, no changes in service fees are recommended in this document. Furthermore, communicable disease and primary care fees are automatically adjusted to at least the Medicaid reimbursement rate without formal amendment to this contract in accordance with Section 154.06, Florida Statutes, should such reimbursement be increased or decreased. Other state indirect contributions not reflected in the trust fund budget include immunization; AIDS Drug Assistance Program (ADAP); and the Women, Infant and Children (WIC) food program totaling $78,249,653 (Attachment II, page 16).

Although not mandated by State Statute, Miami-Dade County agrees to provide building space and insurance coverage for County-owned buildings, furnishings and equipment used by the DOH. It is the responsibility of the DOH to obtain insurance coverage for any buildings, furnishings, and equipment used by the agency but not owned by Miami-Dade County. The DOH is responsible for the construction, maintenance, repair and improvements of all buildings as well as for providing utilities, janitorial and custodial services. In addition, the DOH must maintain facilities in compliance with all federal, state, and local regulatory requirements, including the American with Disabilities Act (see Attachment VIII).

Track Record/Monitor
The DOH and the County agree to comply with federal and state laws and regulations and maintain books, records, and documents in accordance with accounting procedures and practices. In addition, the DOH must adhere to State of Florida purchasing rules and regulations but may purchase goods and services through the County when feasible.

MANAGER'S BACKGROUND
Background
Chapter 154, Florida Statutes requires that the DOH enter into a contract (attached) with each county. This contract provides for the Miami-Dade County Department of Health to promote public health, including environmental health services, to control for and eradicate preventable diseases, and to provide care to special populations. This contract format is prescribed by the state, and it establishes a basic legal framework for shared responsibilities between the state DOH and Miami-Dade County. This relationship has evolved over the years from a county-managed Public Health Unit to a large state agency operated entirely by the DOH.

Either party may terminate the agreement without cause upon any less than 180 calendar days notice in writing to the other party. Either party, upon no less than 30 days notice, may terminate the agreement if the other party fails to perform an obligation under the contract. In the event funds to finance this contract become unavailable, either party may terminate the contract upon no less than 24 hours notice in writing to the other party. Staffing and services may be reduced based on the availability of funds.



_______________________________
Deputy Mayor/County Manager



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