Resolution 089-1981RESOLUTION NO. 8,9 -1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO
EXECUTE A CONTRACT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND
THE AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES -
UNITED WAY OF DADE COUNTY, INC. FOR TITLE III C - 1
NUTRITION PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
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 the Board of County Commissioners of Monroe County,
Florida, and the Area Agency on Aging for Dade and Monroe Counties -
United Way of Dade County, Inc., a copy of same being attached
hereto, for Title III C-1 Nutrition Program.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of April, A.D. 1981.
(Seal)
Attest:
r '
C er
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By Z--A "r
Mayor Chairma
APPROVED AS to FORM
AND LEGAL 9UFFXWNCY.
By
Afrotner's Office
Ili C-1
r
:\G[:':CY ON'\G i';c Eiji: DADE-,1 MONROE COUNTIES -
AREA
U`[TED WA: - OF DADE COUNTY, INC.
AN1) .
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THIS CONTRACT is entered into between the AREA AGENCY
0\ ACIXC, FOR DADS ; MONROE COUNTIES - UNITED WAY OF DADE COUNTY,
I\C.,,hcrcinaLtcr referred to as the AREA AGENCY, and Monroe
County Board of County Commissioners - Monroe County Nutrition Program
hereInaftor referred to. as the "PROVIDER".
The Parties agree:
I. The PROVIDER agrees:
A. To provide services according t.o the conditions
s-1_:zifieC: 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, Nondiscrimination
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
AUE.CY shall have the right to terminate this contract
for breach.
4. To comply with the provisions of 45 CFR, Part 74.
.5'. To comply wi-th all applicable stand-ards, orders,
or reb.ulat:ions issued- pursuant .to t.he• Clean Air Act as
amended (42 US.0 1857 et seq.) and. the Federal Water
Pollution Control Act as'.ame.nded�(33 USC 1.251 et seq.).
C. Audits and -Records.
1. To maintain books,;records. and documents in
accordance with accounting procedures and practices which
sufficiently and properly reflect..all expenditures of
funds provided by the AREA AGENCY under this contract.
'. To Assure t}:a t thuSe rccorLls ;ha 11 he sah i ect
a -""I I tl:ae0 ln: 1)CCtL13n„ rC`: Lela 0r 'IUdlt h;. 1R.::1
1.GI .-:'i ar,cl Depa rt::,cnt o l HC;ll th ;Ind Rehab it i t;lL ivc
Sere' ices , State o E Florida, per sonne 1 and other personne 1
d.u1y authorized by the Department as well as by Ecdcral
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
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 authorised 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 progress or performance to determine
conformity with intanded program purposes.
2. To'providt'access to .and to furnish whatever
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.
2.
T ;C II D
e i I ..,
1 L , ;lull
;1- rcus to he I Lab Ie
i0r.�.lali..�i1;11'I Lfla,1:1111 ,
L1Clld,
;lilCl E1oICi
the AIZE•1 A(;.,,'CY
ha* 1'1-.iLc IIC?;'I ;III C:.I;II
sIIits,
jIId Tri011t_1
Or d .7cs, 1nclLll'Ln
COL rt cos is anal attornovs'
lccs ,
aris ing o
U t o F the PROVIDER' S
nc,li,cnt ;lets or o111issions in the C:OLIrsC of the operation of
this C.011tra.ct
G. Insurance.
The restlonsibility for providing adequate liability
in�u+l,lcc coecrage on a•comnrchensive basis shall be that of the
PP.0%'IDEF and shall be provided at all times during the existence
of this contract. Upon the execution of this contract, the
PROVIDE shall furnish the AREA AGENCY with written verification
of the existence of such insurance coverage.
H. Safeguarding Information.
PL1rSLIant to 4S ,CFR, Part 203. S0, the PR01rIDER shall not
use: or disclose anti• inforriction concerning a, recipient of
seivicef under this contract for any purpose not in conformity
pith the Federal and State regulations except on written consent
o.f the recipient; or his responsible parent or guardian when
authorized by la,...-.
'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 responsiblity of this
contract to another party without.prioi� written approval of the
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 AREA AGENCY .within thirty (30)'days
after the termination of this contract.
3.
and not 'Xi?• -•.•'lid Lor
. I
the �S;:.Ltrflctr'."LLLS ;I1:L11 I)Q ConSidcred .1iC.1
;Lna sl:,::li i?c rCtur::e.i to th,2 :\RI:.1 AGf:;�CY. A11%- Curids., expended
in violation of this contract sha11 be rcfuridc-d in full to the
:1i:i,.1 :\GEN(a', or iE this contract is still in Force, shall be
wi?Ehheld b%- the AREA ,\CT;\:CY From any subsequent reimbursement
rcquest.
I I . Ti°,c. AREA AGENCY a-rces :
s
To-pay.for contracted services according to the conditions
o Attacl:men-t 1 in an amount not. to exceed 106,311
II I.. 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 contract has
been sinned by both parties, whichever is later.
. 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.
Z. Termination Because of Lack of Funds.
In the event funds to finance this contract become
unavailable, the AREA AGENCY may terminate the contract
upon reasonable-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..
ON
11're;lch is C c1�ld, �i:l AI;I:.�
t•:I'1Ctet1 notice of breach to tll'C PR0V[[)1.R,
ter' :irlatc the Coll ract. Termination shall be upon no
less than tt«,tit%--Eottr (2.1) hours notice in writing
dclivercd certified mail, r c t u r n receipt rcqucstcd,
01- ill 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 brcacli and shall not be
cons -trued to bd a modification of the terms of the
contract.
C. Notice and Contact.
The Contract Manager for the AREA AGENCY for this contract
is LUIS �1. BORGES. The representative of the PROVIDER responsible
for the ad;:tinistation of the program under this contract is
.George Dolezal In the event that different
repres:ntatives are designated by either party after execution of
tills contract, notice of the name and address of the new repre-
sentath.ve will be rendered in writing to the other party and said
notification attached to originals of this contract.
D. Renegotiation or �Modification.
Iodifications of provisions of this contract shall only
be vali4 when they havtr been reduced to writing and dul; 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. Name and Address of Payee.
The name and address of the official payee to whom the
payment shall be made: Monroe County Boar'a of County Commissioners
P.O. Box 1680, Key West, Florida
F.—All Terms and Conditions Included.
This contract and its attachments as referenced,
( Attachment 1, Exhibit 1, Exhibit 2
contain a-ll the terms and condition, -
agreed upon by the parties.
5.
�. .:zt,;�a t•� .'•1'.;;1.;�:Lbl_ I::1:�:.
L01l Cof:t:1111 i! I1C 0 [1 1 L:!l :11-C clot 1r: ;LCC01-
or F(2dcr:ll LJWS :111d r0,11-il:lt LU'r1S are
-M0dL, f L*C(I lrl aL: o11CLth Sa:(1 1 L::ti ol- 1-C;r11:1tL*0HS
II. Sl)cci i1 Provisions.
6.
!!I
e
IN WITNESS WHEREOF, the parties hereto have caused this
7_ pave contract to be executed by their undersigned official
as duly authorized.
XFDA
C1' ONACING FOP. DADE
NP.OE COUNTIES - UNITED WAYB} DL COUNTY., INC.
Title: Mayes/Chairman
By:
Date: LUIS M. BORGES
Attest: Title: DIRLCT01:
��te:
M
.1. Sct'•.-t`c_ tc 'tic ,retld:;:�,i:
1. - llt� att:tch��l A l ari.in :or 'I i I I II Fiend: ,
I-cvisi-ons approved by the AREA
11,1:\C1', h nI sic..i1 ,ittacii;:teiit-to this Cori tract, is a hart of
thi.S leoaI a-Trccment and pi-cscribes t.lic services -to be rendered
1)y the 11ROVIDEF"
B. Manner of service provision:
I. The services will be provided in the manner consistent
with and as c1cscribcd in tlic Application For Title III Fundin„
(Exhibit No. 2). .
C. Method of payment:
an advance or reimbursement basis
1. Payment shall be on
as prescribed by FIRS Manual SS-1, Title III and VII of the Older
:Americans act, (financial management) and any revisions thereto.
2. The PROVIDER agrees to carry out the._lpnlication for
Title III Fundin , (Exhibit No'. 2). according to the distribution
of funds as detailed in the Aunlication for Title III Funding,
Bud;ct Summary, (Exhibit No. 1) .
D. Non -expendable Property:
1 . Non -expendable property is property i,,hich costs
$.100.00 or more per unit and whose 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 shall b.e in conformance with
4S 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.
la.
cu r,iL };C _.;11,, .)I'op(2r�
s �i:il l it
u�s:!`:`��[ '•)• 1�1 :l `,,,:l :l fl l;' I- Gfl!i LtitC11t
tti I tip 1)0 ti-
f L:iL I'. C11
and
0il:i .
Spec La L 1'rn%-
L j LCilti
L.
The ind the AREA AGE',:CY
arrec to
perEorm
the scry icc-,�
u(, tills Lo•ntract in accord,111Cc
with all
Federal,
state. anti
local la�..s, rules, regulations and
policies
that pertai::
to Older
:American Act Eunds.
2.
The ['ROVIDER agrees to assess or
collect
no Fees from
elig,lble
clients ,:1thout prior approval of the
AREA AGL;dCY.
m
I
2a.