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Resolution 044-1982RESOLUTION NO. 44 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A CONTRACT BY AND BETWEEN AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES UNITED WAY OF DADE COUNTY, INC. AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FOR NUTRITION PROGRAM III-C-1 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MON- ROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Contract by and between Area Agency on Aging for Dade & Monroe Counties United Way of Dade County, Inc. and Monroe County Board of County Commissioners for Nutrition Program III-C-1, a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 26th day of January, A.D. 1982. (SEAL) Attest: ler BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By M r C airman 8y Qa etransrs,o... Attarney's Offirs CONTRACT #: 82-1-08 TITLE: III-C-1 CONTRACT BETWEEN AREA AGENCY 01-1 AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF DADE . COU;ITY, INC, AND AGENCY: Monroe Co Board of Commissioners PROJECT: Nutrition Program THIS CONTRACT IS ENTERED INTO BETWEEN THE AREA AGENCY ON AGING FOR DADE & MON ROE COUNTIES - UNITED WAY OF DADE COUNTY, INC., HEREINAFTER REFERRED TO AS THE AREA AGENCY, AND -Monroe Co. Board Qf Commi— sinners/ Nutrition Program HEREINAFTER REFERRED TO AS THE "PROVIDER". THE PARTIES AGREE: I. THE PROVIDER AGRE : A. TO PROVIDE SERVICES ACCORDING TO THE CONDITIONS SPECIFIED IN ATTACHMENT 1. B. FEDERAL AND STATE LAwS AND REGULATIONS. 1. To COMPLY WITH TITLE VI AND VII, CIVIL RIGHTS ACT of 1964. 2. TO COMPLY WITH ALL THE PROVISIONS OF SECTION 504 OF THE REHABILITATION ACT OF 1973, NONDIS- CRIMINATION AGAINST THE HANDICAPPED, AS AMENDED (45 CFR, PART 84), 3. IT IS EXPRESSLY UNDERSTOOD THAT UPON RECEIPT OF SUBSTANTIAL EVIDENCE OF SUCH DISCRIMINATION, THE AREA AGENCY SHALL HAVE THE RIGHT TO TERMINATE THIS CONTRACT FOR BREACH, 4, TO COMPLY WITH THE PROVISIONS of 45 CFR, PART 74. 5. TO COMPLY WITH ALL APPLICABLE STANDARDS, ORDERS, OR REGULATIONS ISSUED PURSUANT TO THE CLEAN AIR ACT AS AMENDED (42 USC 1857 ET SEQ.) AND THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED (33 USC 1251 ET SEQ.). TO MAINTAIN BOOKS, RECORDS AND C ANTS IN ACCORDANCE WITH ACCOUNTING PROCEDURES AND PRACTICES WHICH SUFFICIENTLY AND PROPERLY REFLECT ALL EXPENDITURES OF FUNDS PROVIDED BY THE AREA AGENCY UNDER THIS CONTRACT. 2. TO ASSURE THAT THESE RECORDS SHALL BE SUBJECT AT ALL TIMES TO INSPECTION, REVIEW OR AUDIT BY AREA AGENCY AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, PERSONNEL AND OTHER PERSONNEL DULY AUTHORIZED BY THE DEPARTMENT AS WELL AS BY FEDERAL PERSONNEL. 3. TO MA I IJTA I N AND FILE WITH THE AREA AGENCY SUCH PROGRESS, FISCAL, INVENTORY AND OTHER REPORTS AS THE AREA AGENCY MAY REQUIRE WITHIN THE PERIOD OF THIS CONTRACT. D. RETENTION OF RECORDS. 1. TO RETAIN ALL FINANCIAL RECORDS, SUPPORTING DOCUMENTS, STATISTICAL RECORDS, AND ANY OTHER DOCUMENTS PERTINENT TO THIS CONTRACT FOR A PERIOD OF THREE (3) YEARS AFTER TERMINATION OF THIS CONTRACT, OR IF AN AUDIT HAS BEEN INITIATED AND AUDIT FINDINGS HAVE NOT BEEN RESOLVED AT THE END OF THREE (3) YEARS, THE RECORDS SHALL BE RETAINED UNTIL RESOLUTION OF THE AUDIT FINDINGS. 2, PURSUANT TO 45 CFR, PART 74.24 (A), (B), AND (C), FEDERAL AUDITORS AND PERSONS DULY AUTHORIZED BY THE AREA AGENCY SHALL HAVE FULL ACCESS TO, AND THE RIGHT TO EXAMINE ANY OF SAID MATERIAL DURING SAID PERIOD. E. MONITORING. 1. TO PROVIDE PERIODIC PROGRESS REPORTS, INCLUD- ING DATA REPORTING REQUIREMENTS REQUESTED FROM THE AREA AGENCY AND/OR FEDERAL AGENCIES. THESE REPORTS WILL BE USED FOR MONITORING PROGRESS OR PERFORMANCE TO DETERMINE CONFORMITY WITH INTENDED PROGRAM PURPOSES. -2- C, (0 1'I'OV t DI ACLLSS TO AND 10 f Uf;(J 1 �fl ',JIiA I E:'Jkr, INFORMATION IS NECESSARY TO EFF ;HIS MONITORING. 3. TO PERMIT THE AREA AGENCY TO MONITOR THE AFOREMENTIONED SERVICE PROGRAM OPERATED BY THE PROVIDER ACCORDING TO APPLICABLE REGULA- TIONS OF THE FEDERAL AND STATE GOVERNMENTS. F. INDEMNIFICATION. THE PROVIDER SHALL BE LIABLE, AND AGREES TO BE LIABLE FOR, AND SHALL INDEMNIFY, DEFEND, AND HOLD THE AREA AGENCY HARMLESS FROM ALL CLAIMS, SUITS, JUDGEMENTS OR DAMAGES, INCLUDING COURT COSTS AND ATTORNEYS' FEES, ARISING OUT OF THE PROVIDER'S NEGLIGENT ACT OR OMISSIONS IN THE COURSE OF THE OPERATION OF THIS CONTRACT, G. INSURANCE THE RESPONSIBILITY FOR PROVIDING ADEQUATE LIABILITY INSURANCE COVERAGE ON A COMPREHENSIVE BASIS SHALL BE THAT OF THE PROVIDER AND SHALL BE PROVIDED AT ALL TIMES DURING THE EXISTENCE OF THIS CONTRACT, UPON THE EXECUTION OF THIS CONTRACT, THE PROVIDER SHALL FURNISH THE AREA AGENCY WITH WRITTEN VERIFICATION OF THE EXISTENCE OF SUCH INSURANCE COVERAGE. H. SAFEGUARDING INFORMATION. PURSUANT TO 45 CFR, PART 205.50, THE PROVIDER SHALL NOT USE OR DISCLOSE ANY INFORMATION CONCERNING A RECIPIENT OF SERVICES UNDER THIS CONTRACT FOR ANY PURPOSE NOT IN CONFORMITY WITH THE FEDERAL AND STATE REGULATIONS EXCEPT ON WRITTEN CONSENT OF THE RECIPIENT, OR HIS RESPONSIBLE PARENT OR GUARDIAN WHEN AUTHORIZED BY LAW. I. CLIENT INFORMATION. THE PROVIDER SHALL SUBMIT TO THE AREA AGENCY MANAGEMENT AND PROGRAM DATA, INCLUDING CLIENT IDENTIFIABLE DATA, AS DEEMED ESSENTIAL BY THE AREA AGENCY FOR INCLUSION IN THE CLIENT INFORMATION SYSTEM. J. AssIGNMENTS OF CONTRACTS THE PROVIDER SHALL NOT ASSIGN THE RESPONSIBILITY OF THIS CONTRACT TO ANOTHER PARTY WITHOUT PRIOR WRITTEN APPROVAL OF THE AREA AGENCY. -3- K , F I_jd_A II C Illy RLP O RI_5 , TO rnuv I DE PERIODIC FINANCIAL REPORTS TO Tht tAi\CA AGENCY AS SPECIFIED III SECTION III, PARAGRAPH G. A FINAL EXPENDITURE REPORT WILL BE MADE TO THE AREA AGENCY WITHIN THIRTY (30) DAYS AFTER THE TERMINATION OF THIS CONTRACT. L. , RETUR'-t-QF-f UNDa. ANY FUNDS PAID BY THE AREA AGENCY AND NOT EXPENDED FOR THE CONTRACTED SERVICES SHALL BE CONSIDERED AREA AGENCY FUNDS, AND SHALL BE RETURNED TO THE AREA AGENCY, ANY FUNDS EXPENDED IN VIOLATION OF THIS CONTRACT SHALL BE REFUNDED IN FULL TO THE AREA AGENCY, OR IF THIS CONTRACT IS STILL IN FORCE, SHALL BE WITHHELD BY THE AREA AGENCY FROM ANY SUBSE- QUENT REIMBURSEMENT REQUEST. H. THE AREA AGENCY AGREES: TO PAY FOR CONTRACTED SERVICES ACCORDING TO THE CONDI- TIONS OF ATTACHMENT 1 IN AN AMOUNT NOT TO EXCEED: TITLE III-B $ TITLE III-C-1 $ 149,4S2 TITLE III-C-2 $ USDA $ III. THE PROVIDER AND AREA AGENCY MUTUALLY AGREE: A. EFFECTIVE DATE, 1. THIS CONTRACT SHALL BEGIN ON 1/l/82 OR THE DATE ON WHICH.THE CONTRACT HAS BEEN SIGNED BY BOTH PARTIES, WHICHEVER IS LATER. 2. THIS CONTRACT SHALL END ON 12/31/82 B. TERMINATION. 1. TERMINATION. THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY UPON NO LESS THAN (30) DAYS NOTICE PURSUANT TO THE PROCEDURES OUTLINED BY THE OLDER AMERICANS ACT, NOTICE SHALL BE DELIVERED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR IN PERSON WITH PROOF OF DELIVERY. 2. TERMINATION BECAUSE OF LACK OF FUNDS. -4- e IN THE EVENT FUNDS TO FINANCE THIS CONTRACT "ECOME UIIAVAILABLE, THE AREA AGEKY MAY TERM INATE THE CONTRACT UPON' REASONABLE NOTICE IN WRITING TO s THE PROVIDER. SAID NOTICE SHALL BE DELIVERED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR IN PERSON WITH PROOF OF DELIVERY. THE AREA AGENCY SHALL BE THE FINAL AUTHORITY AS TO THE AVAILABILITY OF FUNDS. 3. TERMINATION FOR BREACH. UNLESS THE PROVIDER'S BREACH IS EXCUSED, THE AREA AGENCY MAY, BY WRITTEN NOTICE OF BREACH TO THE PROVIDER, TERMINATE THE CONTRACT. TERMINATION SHALL BE UPON NO LESS THAN TWENTY-FOUR (24) HOURS NOTICE IN WRITING DELIVERED BY CERTIFIED MAIL, RETURN RECEIPT -REQUESTED, OR IN PERSON WITH PROOF OF DELIVERY. WAIVER OF BREACH OF ANY PROVISION! OF THIS CONTRACT SHALL NOT BE DEEMED TO BE A WAIVER OF ANY OTHER BREACH AND SHALL NOT BE CONSTRUED TO BE A MODIFICATION'OF THE TERMS OF THE CONTRACT. C. NOTICE AND CONTACT, THE CONTRACT MANAGER FOR THE AREA.AGENCY FOR THIS CONTRACT IS LUIS M, BORGES . THE REPRESENTATIVE OF THE PROVIDER RESPONSIBLE FOR THE ADMINISTRATION OF THE PROGRAM UNDER THIS CONTRACT IS George Dolezal IN THE EVENT THAT DIFFERENT REPRESENTATIVES ARE DESIGNATED BY EITHER PARTY AFTER EXECUTION OF THIS CONTRACT, NOTICE OF THE NAME AND ADDRESS OF THE NEW REPRESENTATIVE WILL BE RENDERED IN WRITING TO THE OTHER PARTY AND SAID NOTIFICATION ATTACHEDTOORIGINALS OF THIS CONTRACT, D. RENEGOTIATION OR MODIFICATION. MODIFICATIONS OF PROVISIONS OF THIS CONTRACT SHALL ONLY BE VALID WHEN THEY HAVE BEEN REDUCED TO WRITING AND DULY SIGNED. THE PARTIES AGREE TO RENEGOTIATE THIS CONTRACT IF FEDERAL AND/OR STATE REVISION OF ANY APPLICABLE LAWS OR REGULATIONS MAKES CHANGES IN THIS CONTRACT NECESSARY. E. NAMEAND_ADDRESS�'OF PAYE - THE NAME AND ADDRESS OF THE OFFICIAL PAYEE TO WHOM THE PAYMENT SHALL BE MADE; George Dolezal, Chairman of the Board of Monroe County Commissioners P.O. Box 1680 Key West,-Fl. 33040 T 14TRACT AND ITS ATTACHMENTS AS REFER, �TACHIjEIJTS 1 AND 2 ), CONTAIN ALL THE I TERMS AND CONDITIONS AGREED UPON BY THE PARTIES, G. MODIFICATION TO APPLICABLE LAW, ANY PROVISIONS CONTAINED HEREIN WHICH ARE NOT IN ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAWS AND REGULATIONS ARE MODIFIED IN ACCORDANCE WITH SAID LAWS AND REGULATIONS. H. SPECIAL PROVISIONS. 1, THE PROVIDER AND THE AREA AGENCY MUTUALLY AGREE TO RENEGOTIATE AND AMEND THIS CONTRACT TO REDUCE THE AMOUNT TO BE PAID FOR SERVICES TO BE RENDERED BY THE PROVIDER PURSUANT TO THIS CONTRACT SHOULD IT BECOME NECESSARY DUE TO REDUCTION IN THE AMOUNT OF AVAILABLE STATE AND/OR FEDERAL FUNDS, THE AREA AGENCY SHALL BE THE FINAL AUTHORITY AS TO THE AMOUNT OF FUNDS AVAILABLE FOR THIS CONTRACT. 2, THE ALLOCATION OF $ 149,452 MAY BE MODIFIED IN MARCH, 1982, BASED ON A REVIEW OF THE UNIT COSTS, PROJECT PERFORMANCE, AND CARRY—OVER FUNDS, IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS 6 PAGE CONTRACT, PLUS ATTACHMENTS, TO BE EXECUTED BY THEIR UNDERSIGNED OFFICIAL AS DULY AUTHORIZED. PROVIDER SIGNATURE: NAME: LEASE RINT TITLE: DATE: 1/1/82 AAA-33 12/22/81 AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF DADE COUNTY, I1C , SIGNATURE: LUIS M. BOKES TITLE: DIRECTOR DATE: 1/1/8 I me qM p A. SERVICES TO B_E�PJDCf�ED : I. THE ATTACHED APPLICATION FOR TITLE III FUNDS, (ATTACHMENT N0, 2) AND ANY REVISIONS THERETO APPROVED BY THE AREA AGENCY, BY PHYSICAL ATTACHMENT TO THIS CONTRACT, IS A PART OF THIS LEGAL AGREEMENT AND PRESCRIBES THE SERVICES TO BE RENDERED BY THE PROVIDER, 1. THE SERVICES WILL BE PROVIDED IN THE MANNER CONSIS- TENT WITH AND AS DESCRIBED IN THE APPLICATION FOR TITLE III FUNDING, (ATTACHMENT N0, 2), C. METHOD OF PAYMENT: 1. PAYMENT SHALL BE ON AN ADVANCE OR REIMBURSEMENT BASIS AS PRESCRIBED BY HRS iMANUAL 55-1, TITLE III OF THE OLDER AMERICANs ACT, (FINANCIAL MANAGEMENT) AND ANY REVISIONS THERETO. 2. THE PROVIDER AGREES TO CARRY OUT THE APPLICATION FOR TITLE III FUNDING, (ATTACHMENT N0, 2) ACCORDING TO THE DISTRIBUTION OF FUNDS AS DETAILED IN THE APPLICATION FOR TITLE III FUNDING, BUDGET SUMMARY. D. NON -EXPENDABLE PROPERTY: 1. NON -EXPENDABLE PROPERTY IS PROPERTY WHICH COSTS $100.00 OR MORE PER UNIT AND WHOSE LIFE IS EXPECTED TO BE IN EXCESS OF ONE YEAR. 1A. 2. ALL SUCH PROPERTY SHALL BE.L'ISTED ON THE PROPERTY RECORD BY DESCRIPTION, MANUFACTURERS MODEL NUMBER, SERIAL NUMBER, DATE OF ACQUISITION AND UNIT COST. SUCH PROPERTY SHALL BE INVENTORIED ANNUALLY, AND AN INVENTORY REPORT SHALL BE SUBMITTED TO THE AREA AGENCY ANNUALLY WITH UPDATES AS PROPERTY IS OBTAINED. DISPOSITION OF NON -EXPENDABLE PROPERTY SHALL BE IN CONFORMANCE' WITH 45 CFR,.PART 74.139 (A) AND (B) . 3. AT NO TIME SHALL THE PROVIDER DISPOSE OF NON - EXPENDABLE PROPERTY EXCEPT WITH THE PERMISSION OF AND IN ACCORDANCE WITH INSTRUCTIONS BY THE AREA AGENCY, 4. UPON TERMINATION OF THIS CONTRACT, THE SAID PROPERTY SHALL BE DISPOSED OF IN A MANNER CONSISTENT WITH BOTH FEDERAL AND STATE REGULATIONS. SPECIAL PROVISIONS; 1. THE PROVIDER AND THE AREA AGENCY AGREE TO PERFORM THE SERVICES OF THIS CONTRACT IN ACCORDANCE WITH ALL FEDERAL, STATE AND LOCAL LAWS, RULES, REGULATIONS AND POLICIES.THAT PERTAIN TO OLDER AMERICAN ACT FUNDS. 2, THE PROVIDER AGREES TO ASSESS OR COLLECT NO FEES FROM ELIGIBLE CLIENTS WITHOUT PRIOR APPROVAL OF THE AREA AGENCY, AAA-33A 12/21/31