Resolution 345-1980
RESOLUTION NO. 345 -1980
RESOLUTION AUTHORIZING THE VICE-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 COUN-
TIES-UNITED WAY OF DADE COUNTY, INC. AND THE
BOARD OF COUNTY CO~WISSIONERS OF MONROE COUNTY,
FLORIDA, FOR CONSTRUCTION OF PLANTATION KEY
MULTI-PURPOSE SENIOR CITIZENS CENTER.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Vice-Chairman of the Board of County Commis-
sioners of Monroe County, Florida, 1S 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 County Commissioners of Monroe County,
Florida, a copy of same being attached hereto, for con-
struction of Plantation Key Multi-purpose Senior Citizens
Center.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida at a regular meeting held on the
16th day of December, 1980.
BOARD OF COUNTY COMMISSIONERS. OJ)'
MONROE OUNTY, FLORIDA ~
By Z. /0
Chair
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(Seal)
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f' Clerk
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APPROVEf) AS 70 FORM
AND UfIM. SUFFICIENCY.
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CONTRACT BETWEEN
AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES-
UNITED WAY OF DADE COUNTY, INC.
AND
Board of Monroe County Commissioners
Construction of Plantation Key Multi-Purpose
Senior Citizens Center
THIS CONTRACT is entered into between the AREA AGENCY
ON AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF DADE COUNTY,
INC., hereinafter referred to as the AREA AGENCY, and
Board of Monroe County Commissioners
hereinafter referred 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
504 of the Rehabilitation Act of 1973, Nondiscrimination
Against the Handicapped, as amended (~5 CFR, Part 84).
3. It is expre~sly understood that upon receipt
of substantial evidence of such discrimination, the AREA
AGENCY shall have the right to terminate this contract
f0r breach.
4. To comply with the prOV1Slons of 4S 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.).
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.
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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 maintain 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 fin~ings 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 th~ 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 provide 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.
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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, judgments or damages, including
court costs and attorneys' fees, arising out of the PROVIDER'S
negligent acts or omissions in the course of the operation of
this contract.
G. Insurance.
The responsibility for providing adeqvate liability
lnsurance 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.
r. Client Information.
The PROVIDER shall submit to the AREA AGENCY management
and prog~am 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 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
report will be made to the AREA AGENCY within thirty (30) days
after the termination of this contract.
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L. Return of Funds.
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 subsequent reimbursement
request.
II. The AREA AGENCY agrees:
To pay for contracted services according to the conditions
of Attachment 1 in an amount not to exceed $
72,940
III. The PROVIDER and AREA AGENCY mutually agree:
A. Effective Date.
1. This contract shall begin on
or the date on which the contract has
been signed by both parties, whichever is later.
2. This contract shall end on
3/31/81
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.
N?tice 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
upon reasonable notice in writing to the PROVIDER. Said
notice shall be delivered by certified mail, return
receipt requested, or ln person with proof of delivery.
The AREA AGENCY shall be the final authority as to the
availability of funds.
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3. Termination for Breach.
Unless the PROVIDER'S breach 1S 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 1n 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 an1 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
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 duly signed.
The parti~s 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:
Board of Monroe County Commissioners. P.O. B.ox 1029, Key West
Florida 33040
F. All Terms and Conditions Included.
This contract and its attachments as referenced,
( Attachment #1. Exhibit #1 and #2
Attachment In
), contain all the terms and conditions
agreed upon by the parties.
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G. Modification tn Applicable Law.
Any provisions contained herein which are not In accor-
dance with applicable State or Federal laws and regulations are
modified in accordance with said laws or regulations.
H. Special Provisions.
Provider is hereby made aware that the Area Agency employs the
Joseph Middlebrooks, AlA, Urban Planning Studio as the consulting firm
for acquisition :renovation! construction proiects. Provider will be
held responsible by Area Agency On Aging to respond to all inquiries
and reports emanating from this firm and will be responsible for
taking corrective action when indicated.
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IN WITNESS WHEREOF, the parties hereto have caused this
7 page contract to be executed by their undersigned official
as duly authorized.
DATED:
By:
Da t e : ------;
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AREA AGENCY ON AGING FOR DADE
& MONROE COUNTIES - UNITED WAY
OF DADE COUNTY, INC.
By:
LUIS M. BORGES
Title:
DIRECTOR
Date:
7.
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A. Services to he rendered:
1 . The a t t:l C he d ;\ p p 1 i c :l t ion for Tit 1 e II I run d s ,
(Exhibit No.2) and any revisions thereto approved by the AREA
AGE:-JCY, by physical attachment to this contract, is a part of
this legal agreement and prescribes the services to be rendered
by the PROVIDER.
B. Manner of service provisiop:
1. The services will be provided in the manner consistent
with and as described In the Application for Title III Funding,
(Exhibit No.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 agrees 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 F~nding,
Budget Summary, (Exhibit No.1).
D. Non-expendable Property:
1. Non-expendable property lS property which 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 be in conformance ~ith
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.
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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.
2a.
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ATTACHMENT II
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A. Condi tions:
1. This contract is conditional on the Providers ability to meet
all federal and state guidelines and regulations regarding construction
specifications and plans. Any structuraL and/or plan modifications mandated
by the State of Florida, HRS, Aging and Adult Services Program Office must
be complied with no later than total project completion date.
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IN WITNESS WHEREOF, the parties hereto have caused this
7 page contract to be executed by their undersigned official
as duly authorized.
DATED:
PRO IDER:
AREA AGENCY ON AGING FOR DADE
& MONROE COUNTIES - UNITED WAY
OF DADE COUNTY, INC.
Date:
LUIS M. BORGES
Title:
DIRECTOR
Date:
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