11/01/1983 to 12/31/1983 I
SATE OF FLORIDA
s DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
December 28, 1983
OE1 ' �(TOM sROE mirs
Monroe Social ServicesR�r���rn' , �
Public Service Building, Wing III '.
Stock Island 9 JAN - '1 I084 to
Key West, FL 33040
' -
Dear Ms. Hawxhurst: •
./
A ' c
Enclosed please find one set of the contract extending Public Law 98-8
(Jobs Bill) to December 31, 1983.
Attached it to your original contract for Public Law 98-8 and keep it
in a safe place. The regulations require that these documents be filed
for immediate access when Federal and/or State Auditors review your program.
We appreciate your continued cooperation. If we can be of assistance to you
in any way, please call.
• Thank you. -p
(jib) Frieda Hutchison
Administrator
Food Distribution Office
at
Attachment.
APPROVED ONE 3
BOOK PAGE D
DISIRIC/ FOUR, FOOD DISTRIBUTION OFFICE
DANIEL BUILDING, BOX IS (SUITE 203) • (904I 339-6297
III COAST LINE DRIVE EAST • JACKSONVII I-I,. FLORIDA 32202
BOG' GRAI I:UI, GOA'1]tVOH
' " 04/01/83 ,
0 1ta9� i `>J j� i..
6 :c.:. GENERAL REVENUE/FEDERAL FUNDS
1tit �
91 on .' CONTRACT BETWEEN F (+
.0 - ado STATE OF FLORIDA D '0 Srot.1RurfG.
LIT
DEPARtMENT OF HEALTH AND REHABILITATIVE SERVICES
ariF
' ' AND
MONROE COUNTY SOCIAL SERVICES
THIS CONTRACT is entered into between the State of Florida. Department of Health
and Rehabilitative Services,hereinafter referred to as the"Department",and Monroe County Social
Services , hereinafter referred to as the 'Provider".
The parties agree:
I. The Provider Agrees:
A To provide services according to the conditions specified in Attachment I.
B. Federal and State Laws and Regulations
1. To comply with the provisions contained in the Civil Rights Certificate,
hereby incorporated into this contract as Attachment II . It is expressly understood that
substantial evidence of discrimination, as listed in Attachment II shall constitute a breach
of contract
2. If this contract contains Federal funds, the Provider shall comply with the
provisions of 45 CFR, Part 74, and other applicable regulations as specified in Attachment I.
3. If this contract contains Federal funds and is over s100.000, the Provider
shall comply with all applicable standards, orders, or regulations issued pursuant to the
Clean Air Act as amended 142 USC 1857 et seq.l 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 Department 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 State personnel and other personnel duly authorized by the Department,
as well as by Federal personnel.
3. To maintain and file 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.
5. To allow public access to all documents, papers. letters or other material
subject to the provisions of Chapter 112, F.S., and made or received by the Provider in
conjunction with this contract It is expressly understood that substantial evidence of the
Provider's refusal to comply with this provision shall constitute a breach of contract.
04/01/83
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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 five (5) years after
termination of this contract, or if an audit has been initiated and audit findings have not
been resolved at the end of five (5) years, the records shall be retained until resolution of
the audit findings.
2. Persons duly authorized by the Department, and Federal auditors, pursuant
to 45 CFR, Part 74.24(a), (b), and (d), shall have full access to, and the right to examine any
of said records and documents during said retention period.
E. Monitoring
1. To provide progress reports, including data reporting requirements at least
hi—monthly. or more frequently if specified in Attachment I. These reports will be used for
monitoring progress or performance to determine conformity with intended program
purposes.
2. To provide access to, or to furnish whatever information is necessary to
effect this monitoring.
3. To permit the Department to monitor the aforementioned service program
operated by the Provider or subcontractor or assignee according to applicable regulations of
the State and Federal governments. Said monitoring will include access to all client
records.
F. Indemnification
The Provider shall be liable, and agrees to be liable for, and shall indemnify,
defend, and hold the Department harmless from all claims, suits. judgements or damages.
including court costs and attorneys' fees, arising out of negligence or omissions by the
Provider in the course of the operations of this contract
G. Insurance
The responsibility for providing adequate liability insurance 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 Department with written verification of the existence of such insurance
coverage.
H. Safeguarding Information
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 State regulations
(HRSM 50-1), and Federal regulations (45 CFR. Part 205.50), 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. Assignments and Subcontracts
The Provider shall not assign the responsibility of this contract to another party
nor subcontract for any of the work contemplated under this contract without prior written
approval of the Department No such approval by the Department of any assignment or
subcontract shall be deemed in any event or in any manner to provide for the incurrence of
any obligation of the Department in addition to the total dollar amount agreed upon in this
contract All such assignments or subcontracts shall be subject to the conditions of this
contract and to any conditions of approval that the Department shall deem necessary.
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04/01/B3 '
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K Financial Reports
To provide financial reports to the Department at least bi-monthly, or more
frequently, if specified in Attachment I.
L Return of Funds
The Provider agrees to return to the Department any overpayments due to
unearned funds or funds disallowed pursuant to the terms of this contract that were
disbursed to the Provider by the Department Such funds shall be considered Department
funds and shall be refunded to the Department as specified in Attachment I.
/l. The Department Agrees:
To pay for contracted services according to the conditions of Attachment I in an
amount not to exceed 5 1,000.00
III. The Provider and Department Mutually Agree:
A Effective Date
1. This contract shall begin on November 1, 1983 or the date on which the
contract has been signed by both parties, whichever is later.
2. This contract shall end on December 31, 1983
B. Termination
1. Termination at Will
This contract may be terminated by either party upon no less than thirty
130) days notice, without cause. Said 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 124) 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 of funds.
3. Termination for Breach
Unless the Provider's breach is waived by the Department in writing, the
Department may, by written notice to the Provider, terminate this contract upon no less
than twenty-four 124) hours notice. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery. If applicable, the Department may
employ the default provisions in Chapter 13A-1, Florida Administrative Code. 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 construed to be a modification of the terms of this contract The
provisions herein do not limit the Departments right to remedies at law or to damages.
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04/01/B3
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C. Notice and Contact
The Contract Manager for the Department for this contract is Pr'nda xutnhisno
The representative of the Provider responsible for the administra—
tion of the program under this contract is Jerry Hernandez. Jr. In the event that dif—
ferent 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
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 revisions of any applicable laws. regulations, or budget allocations
make changes in this contract necessary. The Department shall be the final authority as to
the availability of funds for this contract due to Federal andior State revisions of any
applicable taws, regulations, or budget allocations.
E. Name and Address of Payee
The name and address of the official payee to whom the payment shall be made:
Monroe County Social Services
Public Service BuiJdine. Wing ITT Stork Island Keit Wper , FT ll0%n
F. All Terms and Conditions Included
This contract and its attachments as referenced. 1 Attachment I, Attachment II,
Attachment IV.
contain all the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this 9 page contract
to be executed by their undersigned officials as duly authorized.
•
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND
PROVIDER REHABILITATIVE SERVICES
BY.•L.J...S 4�,_Sa �v , BY:
Wilhelmina G. Harvey
NAME: NAME: G 6 O/i�in ..
TITLE: Y \ e.,•� �' Il TITLE: Aso
DATE: N O U . c� �? t c-1 a -s DATE: DEC 2 2 1983
J
-T—ZrLSNFRA MANA R
DATE: / 2 cQ - La
CONTRACT ADMINISTRATOR
DATE:
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ATTACHMENT 1
Monroe County Social Services
Emergency Feeding Organization,
Public Service Building, Wing III, Stock Island, Key West, FL 33040
Address
In order to effectuate the purpose of Titles I and II of Public Law 98-8,
the State of Florida Department of Health and Rehabilitative Services, Food
Distribution Office, hereinafter referred to as the "Distributing Agency"
and Monroe County Social Services , hereinafter referred to as the
"Emergency Food Organization," agree as follows:
1. The Emergency Food Organization shall distribute those commodities that
are distributed by the U.S. Department of Agriculture, (U.S.D.A.) , through
the Distributing Agency in accordance with 7 Code of Federal Regulations,
Parts 250 and 251. Throughout this contract the word "Commodities" shall
mean the U.S.D.A. donated food that is being distributed pursuant to 7 Code
of Federal Regulations, Parts 250 and 251.
2. The Emergency Feeding Organization shall comply with all policies,
procedures or regulations established by the Distributing Agency as
developed and implemented in the futherance of this contract.
3. The Emergency Feeding Organization shall only accept the amounts of
commodities that can be used or distributed without waste.
4. The Emergency Feeding Organization shall distribute U.S.D.A.
commodities to persons determined eligible based on the criteria
established by the Distributing Agency.
5. The Emergency Feeding Organization shall not sell, exchange or
otherwise dispose of any of the commodities except in accordance with 7
Code of Federal Regulations, Parts 250 and 251, without the approval of the
Distributing Agency.
6. The Emergency Feeding Organization shall provide adequate facilities to
ensure the proper handling, storage, and distribution of commodities and
otherwise properly safeguard the commodities against theft, spoilage,
damage, infestation, improper distribution, improper sale or exchange, or
other loss.
7. The Emergency Feeding Organization shall be liable for any loss of
commodities as described in 5 above, if such loss is due to the its'
negligence or the negligence of its' agents or employees.
g,
8. The Emergency Feeding Organization shall permit representatives of the
Distributing Agency or of U.S.D.A. to inspect commodities in storage, or
the facilities used in handling or storage of such commodities, and to
review and audit all records, including financial records, pertinent to
this contract, at any reasonable time.
9. The Emergency Feeding Organization shall maintain, at a minimum the
following records:
A. a record of all commodities received, including date and quantity,
B. a record of the distribution and disposal of commodities,
C. a record of the number of meals served at congregate feeding sites
(breakfasts, lunches, and suppers) ,
D. a record of the number of households to whom commodities are
distributed,
E. a record of sites distributing food to households for home
consumption,
F. a record of the names and addresses of all persons or households
receiving commodities and the type of documentation used to
determine need,
C. a record of the costs in transportation, storage and distribution
of commodities to include the following:
(1). salaries of persons directly involved in the transportation,
storage, distribution, administration, cooking and/or serving
of commodities,
(2). rental costs for storage of USDA commodities,(3) . printing costs as it applies to commodities,
(4). fees paid to a contractor for storage and delivery of
commodities.
(5). a record of an inventory of commodities.
10. The Emergency Feeding Organization shall maintain the records stated in
9 above monthly. Such records as listed in 9 A,B, and C (Inventory
Report) shall be provided within five (5) days of the end of each calendar
month.
11. The Emergency Feeding Organization shall report to the Distributing
Agency immediately all instances of lost commodities.
12. The Emergency Feeding Organization's Application for Participation
shall be considered part of this contract and sites may not be added
without prior approval of the Distributing Agency.
13. The Emergency Feeding Organization shall be reimbursed by the
Distributing Agency for direct costs only, such as: personnel, storage,
transportation, labor, printing and other related costs. Payment shall be
made in monthly amounts as requested on an invoice (submitted in
quintuplicate) by the Emergency Feeding Organization.
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The following information is required on the invoice: period of service,
total amount of reimbursement requested and the number of this contract
which was assigned by the Distributing Agency. Adequate documentation
which must be submitted as back-up information with the invoice is as
follows:
A. Salaries - the number of hours worked times the hourly rate,
including time logs or time sheets, for each position is
required.
B. Postage and Reproduction Expenses - If available, a receipt must
be included; otherwise, a statement from the Emergency Feeding
Organization certifying the amount of the expense incurred must
be submitted.
C. Office supplies, printing, telephone, warehousing costs, etc.
Receipts must be submitted.
D. Travel Expenses - Travel expenses may be reimbursed in an amount
not to exceed the maximum amount established in Section 112.061
Florida Statutes. Receipts for car rentals and air transportation
are required.
The inventory report must be submitted as an attachment to the invoice.
Reimbursement will be made for all allowable Emergency Feeding Organization
direct costs that do not either by themselves, or cumulatively exceed the
amount listed on Page 3, Section II, of the Contract.
The Emergency Food Organization must submit the final invoice for payment
to the Distributing Agency no more than thirty (30) days after the contract
ends or is terminated; if the Emergency Feeding Organization fails to do
so, all right to payment if forfeited, and the Distributing Agency will not
honor any requests submitted after the aftersaid time period. Any payment
due under the terms of this contract may be withheld until all evaluation
and financial reports due from the Emergency Feeding Organization and
necessary adjustments thereto, have been approved by the Distributing
Agency.
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ATTACHMENT II
CIVIL RIGHTS CERTIFICATE
1. The distributing agency or, where applicable, recipient agency agrees that
it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) ,
Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation
Act of 1973 (P.L. 93-112) , Age Discrimination Act of 1975 (P.L. 94-135) and all
requirements imposed by the regulations of the Department of Agriculture (7 CFR
Part 15) , Department of Justice (28 CFR Parts 42 and 50) and FNS directives or
regulations issued pursuant to that Act and the regulations, to the effect that,
no person in the United States shall, on the ground of race, color, national
origin, age, sex or handicap, be excluded from participation in, be denied the
benefits of, or be otherwise subject to discrimination under any program or
activity for which the program applicant received Federal financial assistance
from the Department; and hereby gives assurance that it will immediately take
any measures necessary to effectuate this agreement.
This assurance is given in consideration of and for the purpose of obtaining any
and all Federal financial assistance, grants and loans of Federal funds, reim-
bursable expenditures, grant or donation of Federal property and interest in
property, the detail of Federal personnel, the sale and lease of, and the
permission to use, Federal property or interest in such property or the
furnishing of services without consideration or at a nominal consideration, or
at a consideration which is reduced for the purpose of assisting the recipient,
or in recognition of the public interest to be served by such sale, lease or
furnishing of services to the recipient, or any improvements made with Federal
financial assistance extended to the program applicant by the Department. This
includes any Federal agreement, arrangement, or other contract which has as one
of its purposes the provision of assistance such as food, and cash assistance
for purchase or rental of food service equipment or any other financial assist-
ance extended in reliance on the representations and agreements made in this
assurance.
By accepting this assurance, the distributing agency or, where applicable, re-
cipient agency agrees to compile data, maintain records and submit reports as
required, to permit effective enforcement of Title VI and permit authorized USDA
personnel during normal working hours to review such records, books and accounts
as needed to ascertain compliance with Title VI. If there are any violations of
this assurance, the Department of Agriculture, Food and Nutrition Service, shall
have the right to seek judicial enforcement of this assurance. This assurance
is binding on the distributing agency or, where applicable, recipient agency,
its successors, transferees, and assignees as long as it receives assistance or
retains possession of any assistance from the Department. The person or persons
whose signatures appear below are authorized to sign this assurance on the
behalf of the program applicant.
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ATTACHMENT IV
DIRECT DISTRIBUTION SITES
The Distributing Agency and the Emergency Feeding Organization further
agree, for sites distributing food directly to needy persons for house-
hold consumption:
1. The USDA commodities covered by this Contract include those foods
distributed by the food bank or food pantry site to needy individuals
on May 1, 1983, or later, up through and including foods ordered
by the Distributing Agency (for the distribution site) for planned
delivery by September 30, 1983 or for earlier delivery.
2. Costs eligible for reimbursement are limited to those incurred
between November, 1983, and the last date that the foods described
on Item 1 are distributed to needy individuals, inclusive, not to
include any costs incurred after December 31, 1983.
3. If applicable, payment of the Emergency Feeding Organization's contractor
fee for intrastate storage and delivery of USDA foods may be assumed
by the Distributing Agency and applied toward the Emergency Feeding
Organization's reimbursement ceiling (five per cent of the value
of foods distributed) . This assumption of payment may be continued
through December 31, 1983.
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