Resolution 321-1981f
RESOLUTION NO. 321 -1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A CONTRACT BY AND BETWEEN THE AREA AGENCY
ON AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF
DADE COUNTY, INC., AND THE BOARD OF MONROE COUNTY
COMMISSIONERS FOR BIG PINE KEY MULTI -PURPOSE SENIOR
CENTER CONSTRUCTION.
BE IT RESOLVED BY THE BOARD OF COUNTY C014MISSIONERS 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 Area Agency on Aging for Dade & Monroe Counties -
United Way of Dade County, Inc., and the Board of Monroe County
Commissioners, copy of same being attached hereto, for Big Pine Key
Multi -Purpose Senior Center Construction.
Passed and adopted by the Board of_County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 3rd day of November, A.D. 1981.
BOARD OF COUNTY C014MISSIONERS
OF MONROE COUNTY, FLORIDA
By C— ��_c�"• �'
Mayor/Chairman U
APPROVED Ae' TO F'ORPi;
AND LZGA $UFFjCjr. +Cy
BY _
�{ffnrnov'c i7ifina - -
C01":'I::\t:T BET',';FEN
AREA :\G[:':CY (IN FCIR DADS `', .10NRO[: COUNT I ES -
UN [ T ED 1%'AY OF DADE. COU.,-'!'Y, [NC.
\ND
BIG ' 1 I KEY MULTI -PURPOSE SE • ' CENrER OC)NSrjRuCrjoN
THIS CO`"'TR.\CT is entered into bett•:cen the AREA AGENCY"
ON AGING FOR DADS ; MONROE COUNTIES - UNITED WAY OF DADE COUNTY,
INC., hereinafter reEcrrcd to as the AREA AGENCY, and BOARD
of Monroe County Commissioners
hercinaEter reEerred to as the "PROVIDER".
The Parties agree:
I. The PROVIDER agrees:
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
SO4 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
AGENCY shall have the right to terminate this contract
for breach.
4. To comply with the provisions of 4S CFR, Part 74.
S. To comply with all applicable standards, orders,
or regulations issued pursuant to the Clean Air Act as
amended (4.2 USC 1857 et sec[.) and the Federal Water
Pollution Control Act'as amended (33 USC 1251 et sect.).
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 astiuro the i t those rccoruls -;li:i 11 he suh ioct
at all ti:aos to ir, pecti-.)n, r c v i ow or audit by .\REA
\GE`:c:'i anc, Depa rt::,cnt o t Ilo:i 1 th and Rchah i 1 i t;lt ivc
Scrvi:cs, Stato
of
['lorida, personncL
and
other
personnel
du1� authorized
by
the Department as
we11
as by
Federal
personnel.
3. To maintain and file with the AREA AGENCY such
pro-ross, Eiscal., inventory and other reports as the
AREA AGE`;CY 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 ter,:,ination 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 autllorized by the AREA
AGENCY shall have full access to, and the riglit to ex« -mine
any of said material during said period.
E. Aonitoring.
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 intended program purposes.
2. To providu'access to and to furnish whatever
information is necessary to effect dais 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 govern;,ients .
he 11a1:Ic, an(I ar-,Uto 1)0 11a1)1c
tor, ;lni �!talt in.tcr^rtii�, de�-cnd, and I1o1:1 t11c API:.1 :1(;i:';C1'
har:'11c,.�= from all cla1::is, st.rits, ltId- molt_, or dac:ra es, incIudin,t;
court cos is anal at.torr,c;.-s I leas , Iris in,, Gut o E the PROVIDER' S
ne-li,ent act: or omissions in the course of the operation of
t111S Contract
G. Insurance.
The responsibility Eor providing adecivate liability
insurance coverage on a comp re liens ive 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 tho 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
ser•.ices uncer 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 1:hen
authorized by lai...
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 part}, without prior 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
repo,r.t will be made to the AREA AGENCY within thirty (30) days
Ail i I!"[:.\ : :lIid ,I t ,\[)i dC:d C c r
the cc,:IzraCtCr%- C s ,h:lll be cori;i.d0r 1d A[ZE\ AGfunds,
,Ina �l11 be rctur:led to the : M-A AG[:.'-:C'i . An%- funds expended
in violation 01 this contract 0shall be rc"Lundcd in full to the
AREA :\Gi.\CY, or if this contract is sti11 in Eorcc, shall be
withheld by the AREA AGENCY from any subsequent reimbursement
request.
I I . The APEA AGENCY agrees:
To pay for contracted services according to the conditions
o� Atta":rlcnt 1 in an amount not to exceed 570,O00
III. The PROVIDER and AREA AGENC:" mutually agree:
A. Effective Date.
1. This contract shall begin on 10/22/81
or the date on i,rhich the contract has
been signed by both parties, iv-hichever is later.
2. This contract shall end or. 12/31/81
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
.I 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.
i. \ i •.. 1.. •It i Co 'i L.IC•.
breac if Lti excusc,"i tihc
1c�7':i:l ;:�.;I . h\ �: r i t toll ilU t LCe o C h 1.ccich to t he M' 0 V I1)ER ,
to1";',irlate Clio Co111,r;Ict. Teriifination ;haI1 be upon no
less than twenty-%ottro 2.1) hours -notice in writing
deli,:cred certifiod nail, return receipt requested,
or in person with proof oC delivery. Waiver of breach
of any' provision of this contract shall not be deemed
to be a wai\-or of an,,- other breach and shall not be
construed to be a modification of the terms of the
contract.
C. Notice and.Contact.
The Contract 14anajer for the AREA AGENCY for this contract
is LUIS ',1. BCRGES. The representative of the PROVIDER responsible
for the adl:finistration of the program under this contract is
Kermit H.. Lewin 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 repre-
sentative will be rendered in writing to the other party and said
notification attached to originals 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 dul-,, signed.
The parties agree to reneclotiate this contract if Federal and/or
State revision of any applicable laws or regulations makes chances
in this contract necessary.
E. Name and Address of Payee.
The name and addressof the official payee to whom the
Big Pine Key Multi —purpose. Senior Center Construction
p a y m e n t s h a 11 b e m a d e: Kermit H Lewin, Monroe County Administrator, P. 0.
P.O. Box 1680, KeV West, Florida 33040
F. All Terms and Conditions Included.
This contract and its attachments as referenced,
Attachmeni- 4 1., Exhibit # 1 & # 2
), contain all the terms and. conditions
�.a t 1):7
IILr 11l :,I.lC .1rC 11ot 11: :iCC01'-
ll:lilac ,it;. :1`nl;Lc,!St:it or T'ccicr-al 1altis :iricl rc,ulation_; are
1:10L111 1L'tl lrl ;l�CUi't1:111L1 r: l trl ;;a lcl I;IW-; 01' rC`;lll:It lUrlS
If. SI)cc i;1L. P.rov is loric, .
1. Provide 5' x 5' turnabout space in toilets for wheelchairs
2. Toilet rooms:
a) W.C. 20" high
b) Lavatories: 29" clear underneath, with hot water and waste
lines insulated.
c) Grab bars: 33" high
d) Mirrors, paper towel holders: 40" to bottom
3. Extend ramp handrail 12" beyond end of ramp.
4. No step-up at doors
5. Provide handicapped logos at parking and toilet rooms.
IN WITNESS WHEREOF, the parties hereto have caused this
7 page contract to be executed by their undersigned official
as dUly authorised.
D,• TED :
P R O \' 448-EPe: Board of Monroe County Conan . ARE \ AGENCY ON AGING FOR DAD E
;`IONROE COUNTIES - UNITED WAY
Ev' . - co
C =-c tl OI= D:1DE COUNTY, INC.
Title: i0'i`'1a. or Chairman
Ry. ,
Date: 1 9 g 1 LU S 'I. B01'GES
/ - Z .
1. T!fC .'\n•11 _;r r ;,, !-ol- I-i _ I _ III
I [ x!;i'• i _ `.'o. =) :rr_. ;tn%- I-C'. Is i ofi:' tlicr-cto nnprrvcd h". tho :\P'\1:'\
CY, h1ttach;acrit to this contr:ict, is (1 part of
this 1c,;a1 a-rccment and pr%:scribes the services to be rendered
by the PROVIDE!\.
G. Manner of scry icc provision:
1. The services will be provided in the manner consistent
with and as described in the AnTilication Eor Title III Funding,
(Exhi'Dit No. 2) .
C. Method of payment:
1. Pa; -„lent shall be on an advance or reimbursement basis
as prescribed by FIRS Manual SS-1, Title III and VII.of the Older
Amcricn ns Act, (financial management) and any revisions thereto.
2. The PROVIDER agrees to carry out the application for
Title III Funding, (E--hibit No. 2) according to the distribution
0,47 funds as detailed in the Anplication for Title III Funding,
Bud;ct Su::imary, (Exhibit No. 1) .
D. Non -expendable Propert; :
1. Non -expendable property is prcperty i•:hich costs
$100.00 or more per unit and i•rhose life is .expected to be in
excess of one near
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
ARE:k AGENCY annually with updates as property is obtained. Dis-
position of non -expendable property sha11 be in conformance with
4S CPR, 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 b), the AREA AGENCY.
r S '
the i i l.� 11 l r
Sl;;ll i 1il :l l', .Orl` iStl'nC :� I j1Ot:: I'_'.:l'I':.11
-I-
,.1 i S :I t l C I I i :1 C l 0
S1)kP r 0'.- t 3 i C 1" S
1. The PROVIDER grid the AREA :\G1:';(:'i -afircc to perform
the servicos of this contr;ict in accordance with all Federal,
State ;lrld local lal':s, rules, regulations and policies that pertain
to Older .American Act funds.
2. The PROIVIDEP. agrees to assess or collect no fees from
eli-ihlc clients without prior approval of the AREA AGENCY.