Resolution 310B-1980RESOLUTION NO.310B- 1980
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 STATE OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES FOR TITLE XX FUNDS FOR
THE MONROE COUNTY SOCIAL SERVICES TRANSPORTATION
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 State of Florida, Department
of Health and Rehabilitative Services, copy of same being
attached hereto, for Title XX Funds for the Monroe County
Social Services Transportation Program.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
6th day of November, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C NTY, F-EqRIDA
BY
Chairman
(SEAL)
Attest:
APPAOM At TO RW
Te r AND 40a
BY
A t
TITLIE' FUNDS - TOTAI, CONTR�,(_'T UNDI R ;>luu, 000
FIXE'D RATE; CO1QTRr,CT
CONTRACT L3IM-,EEN
STATE OF FLORIDA
DF.-;PARTi'1EYJ_' OF HEALTH AND RE11A0ILIT_:,TIVE SERVICES
A14 D
iIG:;Fii E COti;;17 ;OF h�� G1 COLT 1'X ('0: . : SIC1EhS
THIS CONTRACT is entered into between the State'of Florida,
Department of Health and Rehabilitative Services, hereinafter
referred to as the "Department", and I onroe Co,.)nty Social Services
TrE,I.;: zport .ticn ?'roFrz:,,i., hereinafter referred to as the "Provider".
The Parties agree:
I . The Provider Agrees:
A. To,provide services at locations and in accordance with
the conditions specified in Attach -,lent 1.
B. Federal and State Laws"and Regulations
1. To corlply 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, Nondiscriinina-
tion Against the Handicapped, as amended (45 CFR,
Part 84) .
3.• It is expressly understood that upon receipt of
substantial evidence of such discrimination, the
Department shall have the right to terminate this
contract for breach.
4. To comply with the applicable provisions of 45 CFR,
Part 4.
5. To meet the State and Federal standards set forth
in 45 CFR, Part 228.
C. Audi'k_s and }records
1.. To iP.ain.ta,"_n boC)}:S, records. and docL,.ments In accord-
��i�CF3 Wit-i, account-A.ng proce( ures and practices which
SUris1.C'.E'I?`_. all. ezpondi.l:Urt S
of fiitic?r by under thi-s contr. .
2. 1 c.ct at d1(�
i,. :. l_IIICS tC) 1nSpCtCt?_OIl, rE'V1E'�.', Or auu__ _ .)V State
personnel and other personnel duly authorized by
the Department, as well as by Federal personnel.
3. To maintain and ffle with the Department such
progress, fiscal, inventory and other reports as
the Department may require within the period of
this contract.
4. •To include these aforementioned audit and record -
keeping requirements in all approved subcontracts
and assignments.
D. Retention of Records
1. To retain all financial records, supporting docu-
ments, statistical records, and any other documents
pertinent to this contract for a period of three
(3) years after termination of this contact, 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) and (b) , Federal.
auditors and persons duly authorized by the
Department shall have full access to, and the right
to examine any of said meterials during said period.
E. Monitoring
1. To Provide periodic progress reports, including
data reporting requirements requested from the
Department and/or Federal agencies. These reports
will be used for monitoring progress or performance
to determine conformity with intended program
purposes.
2. To pfovide access to, or to furnish whatever
information is necessary to effect this monitoring.
3. To permit the Department to monitor_ the a`ore-
rncntioned service program operatcd by the Provider
( or su')cont.ract:or accordl.ir:g to applicable regula-
�/ tion�., o` the !?edoral a-ld State govern;Iients. Said
Ill )Ih.Lt(�2 ] Ihg wi.l.l. include access to all clio U_
a�3
Indo mnlflcatlon
The Provider shall.be liable, and agrees to be. liable
for, and shall indemnify, defend, and hold the Depart-
ment harmless from all claims, suits, judgements or
damages, including court costs aI-Id attorneys fees,
arising out of or in the course of the operation of
this contract.
G. Insurance
The responsibility for providing adequate liability
insurance coverage as determined by the Department
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 I this contract;
the Provider shall furnish the Department with written
verification of the existence of such'insur.ance
coverage.
H. Safeguarding Information
Pursuant to 45 CFR,'Part 205.50, th-e 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 requirements
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 Department management
and program data, including client identifiable data,
as deemed essential by the Department for -inclusion in
the HRS Client Information System.
J. Assigrunents of Contracts
The Provider shall not- assign the responsibility of
r•
this contract to another party without prior written
approval of the Department.
K. Subcontracts
The Provider shall not enter into subcontracts for -any
of the woIrk contemplated under this contract without
obtaining uri.or written approval of the Department..
PursuariL to 45 CFI"., Part 228, all subcontracts shall be
sLI'•:,ar �'.: t 0:ion:3 o!: tlii._- cont-ract and LO an':
conditions of approval that the Depart111e11t s1711 deem
necessary. Provider will be responsible for the
performance of azly subcontractor_.
L. Eligibility
Reimbursement shall be. made only for those expenditures -
incurred in the provision of eligible services to eligible
clients. Eligible services are those services specified
in Attachment 1 of this contract and in the current State
of.Florida Comprehensive Annual Services Program Plan for
Title XX. Client eligibility will be determined in the
manner defined in the current "Department of Health and
Rehabilitative Services Manual for Title XX Eligibility
Determination 195-1." The Department, unless otherwise
specified under the SPECIAL PROVISIONS section of this
contract shall determine client eligibility and furnish
the Provider with said determinations. The Provider
shall furnish, upon request, such information -as may be
required to verify that client eligibility was determined
in accordance with Federal, State and Departmental. re-
quirements.
M. Grievance and Fair Hearing Procedures
Pursuant to 45.CFR, Parts 228.14 and 205.10, Provider
will establish a system.through which recipients may
present grievances about the operation of the contract.
Provider will advise recipients of this right to appeal
denial or exclusion from the program or failure to take
account of recipients' choice of service and of their
right to a fair hearing in these respects. Whenever
an applicant or recipient requests a.f'air hearing, the
Department will make arrangements to provide such a
hearing;i•through its regular fair hearing process.
N. Fees
Pursuant to 45 CF R, Part 228. 70 (a) (4) , no feces shall
be imposed other than those set by the Department, in
acco: e �.�ith rS`i Ll'i', l'C.rt-. 228.62 and do �:- �1� ._i in the
current State of Florida Comprehensive Annual Services
Program Plan for Title XX. Fees collected in compliance
with the aforementioned regulations will be disposed of
in a manner prescribed by the Department.
II. The Department Agrees:
To pay for contracted services according to.the conditions of
Attachment 1 in an amount not to exceed $ $31;265.86
III. The Provider and Department ilutually Agree:
A. Effective Date
1. This contract shall begin on
Povenlber 15, 19�0
or the date on v'Llich the contract has been signed by
both parties, whichever is later.
2. This contract shall end on 1:bvembei 1h,
B. Termination
1. Termination at Will
This contract may be terminated by either party upon
no less than thirty (30) days notice, with or without
cause.; 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 Department may terminate the contract
upon no less than twenty-four (24) hours notice in
writing to the provider. Said notice shall be
delivered by certified mail,.return receipt requested,
or in person with proof of delivery.. The Department
shall be the final authority as to the availability
o! funds.
3. Termination for Breach
Unless the Provider's breach is excused,. the
Department may, by written notice of breach to the
Provider, terminate the contract. Termination shall
be upon no less than tTaenty-four (24) hours notice
in writing delivered by certified mail, return
receipt r-equestec:, or in person with. proof: of deliver..
Sl
his cont.r. c�ct
liver of breach of any provision of ta��
shall not be deemed to he a waiver of anv other
breach and shall not },e construed to he a. modification:
of, the terms of the contract.
C. Notice and Contact
The Contract Manager for the Department for this contract
is Pedro C. houzL
The representative
of.the Provider responsible for the administration of the
program under this contract is Louis L& Torre .
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
attached to originals of this contract.
D. Renegotiation or Modification
Modifi_cations.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. Name and Address of Payee
The name and address of the official payee to whom.
payment shall be made: Monroe County rood of County Cor:^n. isswor:ers
P.G. Pox 1680
I:e;, I.'est, Florida 331L0
F. All Terms and Conditions included
This contract and its attachments as referenced, (Lp-,licatic , :for
Purchase of Ser. v--* cc:s hereto et.t ched.-,--
contain all the terms and conditions agreed upon by the part.ic,_:
G. Speci�il Provisions:
To coml�l3, j .th all p.,1i.ce bl'e Federal ar:d Stste Licensir;C Ftandards,
2r;d ell 0+=:^r sl:;))_:i.cr.ble st�ndurds, criteria 4nd Lui.del;r_es established
by the I:er, ,rtrrient.
II. Serviceto b; Iicridercd:
irar .•I,ortr;tior. c c:rvi.c�,s �.s descrj l cd if, the State of F'loriAc , Title aY
COrpI)rc;l;': ri:'1 VC' Ymnua:l. 'Servicess Plzen.
I. M<,nr:er zqnci Location of service Provision:
• Ti--nsport�7tiori Scrvi.ces i,i: )_ be pr•evidea to clef ents livin- in I•`or.rce
County a.ecordinc tcac-Propose! ref crred to as Attachement i l to this
contract. ProT-ra,m hours will be from 8:00 A.M. to 5:00 P.M. Monday
throuCh Frid�iy.
J. 1%ethod of Pziyment:
The Depertnent hereby eErees to reimburse the Provider upon presentr:tion
of monthly Reimbursement I-eouests, in an amount not to�-exceed e;11,266.e6,
which with 43,04.10 in Certified Public Expenditures certified b,,; the
Provider makes a total ceritmctual amount of '34,70.96.
Reimbursement will be based on the following rates:
Local Traps ............... $ 2.50 one-i-my
Midi -Toy Trips . . . . . . . . . . . . .. 410.00 one -Pray
Long; Distance Trips....... 020.00 one-•z•ray
IN 41ITivi THER.EGF, the parties hereto have caused this 7 pGCe
contract to be executed by their undersigned officials as duly
authorized.
COUT;TY N)AJW OF ST/,TE OF FL.OI:IhA D:"�R'i� T CF
CUJ T`. CG:•ii:I."-,IviYERS: IILALI'ii Ai�1% Iirl:Ai;ILITl:i'1G1; SLiiVIC?',�
BY: By:
TITLE: _ _Gkl a .merman TITLE
DATE: DA TE :
Attest:
BY: I3�
TITLE: Clerk TITLE:
DA TE :
DATE:
-7- a4