Loading...
Resolution 088-1981• Jam`''"yd :.. ., CO", T T'�\t"i BETIi .,.REA AGENCY ON AGIN( l�,�l: DADE MONRO:: COUN"I'I::S- UNITED WAY- 01' I':\uE: COUN.TY , INC. A N D Monroe County Board of County Commissioners - Monroe County In -Home Services THIS CONTRACT is entered into bctween tine AREA AGENCY ON AGI.NC FOR DADE F, MONROE COUNTIES - UNITED WAY OF DADE COUNTY, INC., hereinafter referred to as the AREA AGENCY, and Monroe County Board of County Commissioners - Monroe County In -Home Services, hereinafter referred to.as the "PROVIDER". The Parties agree: I. The ''ROVIDER agrees: A. To provide services according, to the conditions specified in Attachment 1. B. Federal and State Laws and Regulations. - 1. To comF".)• with Title VI and VII, Civii :sights act of 1964. 2. To comply with all the provisions of Section ".`=4 of the Rehabilitation Act of'1973, Nondiscrimination ^Jainst the Handicapped, as amended (4.5 CFR, Part 84"':. 3. It is expressly understood that upon receip- cf substantial evidence of -such discrimination, the AREA AGENCY shall ha�,e 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, u regulations issued pursuant to the Clean Air Act as .vended (.4-2, USC 1857 .et sed..) and the Fed-eral. Water P_\llu.tion Control Act as amended (33 USC 1251 et. sec;.). C. Audits and Records. 1. To maintain books,;records and documents in accordance with accounting procedures and practices which SlAfficiently and properly reflect all expenditures or funds provided by the AREA AGENCY under this contract.. 2. "[o assure th,'t tII, esc records s11a11 he Sul) Jcct tirics to inspection,- review or audit I)v AREA .:\_E��(•1 and Department oL lle,llt}i and RcliahLlltat %-c Services, State of I`lorida, personnel and otlier personnel duly authorized by the Department as well as by Federal personnel. 3. To maintain and file with the ARE:1 AGENCY such progress,.fiscal, inventory and other reports as the AREA AGENCY may require within the period of this . .. cony= act . D. Retention of Records. L. '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, including data reporting requirements requested from the AREA AGENCY and/or Federal agencies These reports will be used for monitoring progr.ess'or performance to determine conformity with intended program purposes. 2. To providc'access to and to furnish,whateve-1, information is necessary to effect this monitoring. 3. To permit the AREA AGENCY to monitor the afore- mentioned service program operated by the PROVIDER according to applicable regulations of the Federal and State governments. 0 Iilue:.^,ni Ica tiJn. PR.OVIDL:lt 11 he Ii'1L1c, and J"re('S to he Iiai)lc for, _1I1Ci ha1.1 inde1I1111i_-v defend, un(1 1101d the- .AREA AGENCY harP110SS 1,0lil a Ll 1 1:11.M , SL11tS , j LIC1gIII C11tS or damagCS , 1nCILIU11111 court costs and ;lttornevs' fees, arising out of the PROVIDER'S negli,eTlt acts or omissions in the course of the operation of this contract. G. Insurance. The responsibility for providing adequate liability insuranc:: 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 4S:CFR, Part 205.50, the PROVIDER shall not us:; or disclose an..- information concerning a, recipient of services under this contract for any purpose not in conforrlity with the Federal and State regulations except on written consent of the recipient, or his responsible parent or guardian when authorised by lai... .I. Client Information. The PROVIDER shall submit to the AREA AGENCY mana-gement and prcoram data, including client identifiable data, as deemed essential by the AREA AGI\'CY for inclusion in the Client Information System. J. Assignments of Contracts. The PROVIDER shall.not assign the responsiblity of this contract -to another party without prior written approval of l:he AREA AGENCY. K. Financial Reports. • To provide periodic financial reports to the AREA AGENCY as specified in Section III, Paragraph G. A final expenditure report will be made. to the ARE:k AGENCY within thirty (30) days after the termination of this contract. 3. r the AR'r:.\ .1G1:�.(� ,1RC[ not ox[)C rldcd for the c,o•?itrac t�'d sere. is s sha 11 i)e cons idcred.:\RI .\ AGT `;C'i funds , anal slha.11 be returned to talc AREA AGENCY. Any funds expended in iolation of this contract sha11 be refunded in full to the AREA AGE`:C`I', or if this contract is still in force, shall be withhe.lL: by the AREA AGENCY from any subsequent reimbursement request. I1 . Till; AREA AGENCY agrees: To pay For contracted services according to the conditions of Attacl;;gent l in an amount not to exceed $ 83, 000. 00 III. The PROVIDER and AREA AGENCY mutually agree: A. Effective Date.. 1. This contract shall begin on April 1, 1981 . or the date on which the zontract has been signed by both parties, whichever is later. 2. This.contract shall end on December 31, 1981 B. Termination. 1. Termination. This contract may be terminated by either party upon no less than thirty (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. In the event funds to finance this contract become unavailable, the AREA AGENCY may terminate the contract uponreasonable n.,'tice in writing to 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. 4. . M �. rl'lt;LOn tcr.!'rcaL:ll. ' Un1c�s the 1,loik'II)!: S 4reacli is excused, tale l �l:N%l H111VI h% lCrLtto[I notice of breach to the 1'[?0k tl'E[1 torm'1.n;Ito the Contract. Termination shall be upon no loss than twonty-four (2,1) hours notice in writing dclivorcd 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 constrl.lcd to be'a modification of the terms of the contract. C. Notice and Contact. The Contract Manager for the AR17A AGENCY for this contract is LUIS `4 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 or this contract, notice of the name and address of the new repre- sentatiti-e will be rendered in writing to the other party and said notification attached to originals of this contract. D. Ren6gotiation 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 lazes or regulations makes changes in this contract necessary. E. Name and Address of Payee. The name and address of the official., payee to whom the payment shall be made: Ge(Lrge Do]eza1, Chairman, MQnroe'County Board of County Commissioners, P.O. Box 1680., Key West, Fla. 33040 F. All Terms and Conditions Included. This contract and its attachments as referenced, Attachment I, Exhibits No. 1 and 2 agreed upon by the parties. ), contain all the terms .and conditions S. ica t.ib1u 1. :ail\'• 1)rn` s c)n c0ritaino(1, horeiil whiCh :irC nOt ii1 ;LCCOi''- dallco with Statc or Ted-cral Laws ant! rC TLl1 ltions :ire MOd 1. r icci i n ;ICC0rd LAIC Iv. i t!l sa ld laws or rcgu l a t ions . iI. Spocial Provisions. a Ce r r IN WITNESS WHEREOF, the parties here.to have caused this ? page contract to be executed by their undersigned official as duly authorized. PP.OV ER: EA xC'7NCY 0\ .ACING FOR DADE i� 99,k�'�E COU\TIES - UNITED WAY By : I= DADE COUNTY, INC. Title: _ Mayor/Chairman F� . Date: �,`1 °�� LULS M. IORGES Attest: 'itic: 1),IP.EC"I01: Clerk Date: d 7. '1. Sci- ices to .lie rciidcl'c�i: 1. I;he attached :'1t�;�lication Cor Tits:. [[I Fiirlds, (I:xliil;it No. _) anal any revisions tlicrcto approved by the :1REA AGE\CY, }).y physi'caI attacli,acnt .to . this contract, is a part of this. legal a;rccrrcnt and .prescribes the services to be rendered by the PROVIDER. B. Manner of service provision: 1. The services will be provided in the manner consistent with anu as described in the Application for Title III Funding, (Exhibit Not. 2) C. Method of payment: 1: Payment shall be on an advance or reimbursement basis as prescribed by HRS Manual 55-1, Title III and VII of the Older Americans :'act, (financial management) and any revisions.thereto. 2. The PROVIDER ag'rees to carry out the Application for Title III Funding, (Exhibit No. 2) according' to the distribution of funds as detailed in the Application for Title III Funding, Budget Su,7mary, '(Exhibit No. 1) . D. Non -expendable Property: 1. Non -expendable property is property which costs $100.00 or.more per unit and i;hose life is expected to be in excess of one year. 2. All such property shall be listed on the property record by description, manufacturer's model number, serial number,, date of acquisition and unit cost. Such property shall be inven- toried annually, and an inventory report shall be submitted to the AREA AGENCY annually with updates as property is obtained. Dis- position of non -expendable property sha11 be in conformance with 4S CFR, Part 74.139 (a) and (b). 3. At no time shall the PROVIDER dispose of non- ex.pendable property except with the permission of and in accordance with instructions by the AP.EA AGENCY. la. 4, Upon norminarion K OALS ccntract, the saij property shall ho dhposcd K in a manner cons klont with both F Yderal and S-, to refill lat ions. Special Provisions: 1. The PROVIDER and the AREA AGENCY agree to perform the services of this contract in accordance with all Federal, Statcand local laws, rules, regulations and policies that pertair, to OldcT American Act funds. 2. The PROVIDER agrees to asscqs or collect no fees from eligiblo clichts without prior approval of the AREA AGENCY. 4 2a.