Resolution 466-1987
James R. Pa: Director
Emergency Mea~ca1 Services
RESOLUTION NO. 466-1987
A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD OF COUNTY COMl1ISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE A CONTRACT
BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES AND THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CONCERNING MATCHING
GRANT FUNDS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a Contract by and between the State
of Florida Department of Health and Rehabilitative Services and
the Monroe County Board of County Commissioners, a copy of same
being attached hereto, concerning matching grant funds.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this 1st day of December, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
By,i2.,~, ~
OMa 0 a~rman
(SEAL)
Attest :DANNY L. KOLH~r"r.' C1erk
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STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
OTHER GOVERNMENTAL AGENCIES CONTRACT
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 Board of
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 I
B. Federal and State Laws and Regulations
1. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR,
Part 74, and other applicable regulations if specified in Attachment I -
2. If this contract contains federal funds and is over $100,000, the provider shall comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 use 1857
et seq.) and the Water Pollution Control Act as amended (33 USC 1368 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.
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 119, F.S., and made or received by the provider in conjunction with this con.
tract. It is expressly understood that substantial evidence of the provider's refusal to comply with
this provision shall constitute a breach of contract.
D. Retention of Records
1. To retain all financial records, supporting documents, statistical records, and any other
docu.ments 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. Monitorin{
1. To provide progress reports, including data reporting requirements as specified in
Attachment I . These reports will be used for monitoring progress or performance of the con-
tractual services as specified in Attachment I
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 asignee according to applicable regulations of the state and federal
governments. Said monitoring will include access to all client records.
F. Insurance
If the provider is a county or municipality, the provider shall furnish the department written
verification of liability coverage in accordance with Section 768.28, F.S.
G. 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 and federal regula-
tions (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or
guardian when authorized by law.
H. Client Information
The provider shall submit to the department as specified in Attachment N/A manage-
ment and program data, including client identifiable data, for inclusion in the HRS Client Informa.
tion System.
J. Assignments and Subcontracts
The provider shall neither assign the responsibility of this contract to another party nor sub-
contract 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 deem-
ed 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 subcon-
tracts shall be subject to the conditions of this contract and to any conditions of approval that
the department shall deem necessary.
J. Financial Reports
To provide financial reports to the department as specified in Attachment I
K. 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 depart-
ment. The refund shall be due within 45 days following the end of the contract or at the time
the overpayment is discovered unless otherwise authorized by the department in writing and attach-
ed to this contract.
L. Unusual Incident Reporting
.
If services to clients will be provided under this contract, the provider and any subcontrac-
tors shall report to the department unusual incidents in a manner prescribed in HRSR 0-10-1.
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M. Transporta.
iadvantaged
If clients will be transported under this contract, the provider will subcontract with the
designated Community Coordinated Transportation Provider, in accordance with the local
Memorandum of Agreement, or otherwise comply with the provisions of Chapter 427, Florida
Statutes. The provider shall submit to the department the reports required pursuant to Volume 10,
HRS Accounting Procedures Manual.
N. Civil Rights Certification
The provider gives this assurance in consideration of and for the purpose of obtaining
Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or
other Federal financial assistance to programs or activities receiving or benefiting from Federal
financial assistance.
The provider assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which pro-
hibits discrimination on the basis of race, color, or national origin in programs and activities receiv-
ing or benefiting from Federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
discrimination on the basis of handicap in programs and activities receiving or benefiting from
Federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which
prohibits discrimination on the basis of sex in education programs and activities receiving or
benefiting from Federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits
discrimination on the basis of age in programs or activities receiving or benefiting from Federal
financial assistance.
5, The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimina-
tion on the basis of sex and religion in programs and activities receiving or benefiting from Federal
financial assistance.
6. All regulations, guidelines, and standards lawfully adopted under the above statutes.
The provider agrees that compliance with this assurance constitutes a condition of con-
tinued receipt of or benefit from Federal financial assistance, and .that it is binding upon the pro-
vider, its successors, transferee, and assignees for the period during which such assistance is pro-
vided. The provider further ass.ures that all contractors, subcontractors, subgrantees or others with
whom it arranges to provide services or benefits to participants or employees in connection with any
of its programs and activities are not discriminating against those participants or employees in
violation of the above statutes, regulations, guidelines, and standards. In the event of failure to
comply, the provider understands that the Grantor may, at its discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative
relief, to include assistance being terminated and further assistance being denied.
II. The Department Agrees:
A. Contract Amount
To pay for contracted services according to the conditions of Attachment I
in an amount not to exceed $ 79,365.00 , subject to the availability of funds. The
State of Florida's performance and obligation to pay under this contract is contingent upon an an-
nual appropriation by the Legislature.
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B. Contract Pa,,,,,...ts
Pursuant to section 215.422, F.S., on receipt of an invoice and receipt, inspection, and ap-
proval of the goods or services, the department shall file the invoice with the Comptroller within 15
days. If the payment of the invoice is not mailed by the department to the vendor within 45 days after
receipt of the invoice and receipt, inspection, and approval of the goods and services, the depart-
ment will pay the vendor, in addition to the amount of the invoice, interest at a rate of 1 percent per
month or portion thereof on the unpaid balance from the expiration of such 45 day period until such
time as the warrant is mailed to the vendor. Exceptional circumstances as defined in section
215.422(2), F.S., may permit the deadline for payment to be revised.
III. The Provider and Department Mutually Agree:
A. Effective Date
1. This contract shall begin on November 1, 1987
date on which the contract has been signed by both parties, whichever is later.
orthe
2. This contract shall end on
October 31, 1988
B. Termination
1. Termination at Will
This contract may be terminated by either party upon no less than thirty (30) 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 ter-
minate 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 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 Jess than twenty-four (24) 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 department's right to remedies at law or to damages.
C. Notice and Contact
The name and address of the contract manager for the department for this contract Is
Melia Thornton Department of HRS, Office of Emergency Medical
Services, 1317 Winewood Boulevard. Tallahassee. Florida 321qg~07no
The representative of the provider responsible for the administration of the program under
this contract is ,Tamps R. Paros .
In the event that different representatives are designated by either party after execution of this con-
tract, 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
1. 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, or regulations make changes in this contract necessary.
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2. If this contract contains a fixed-price method of payment section, and the rate of pay-
ment is determined through the appropriations process, then this contract may be amended to
reflect the new rate established through the appropriations process retroactive to the effective date
of this contract.
3. If the contract contains either a cost-reimbursement or a fixed-price method of payment,
the rate of payment and the total dollar amount may be adjusted prospectively to reflect price-level
increases determined through the appropriations process and subsequently identified in the depart-
ment's operating budget.
E. Name and Address of Payee
The name and address of the official payee to whom the payment shall be made:
Monroe County Board of County Commissioners
10600 Aviation Boulevard
Marathon, Flroida 33050
F. All Terms and Conditions Included
This contract and Its attachments as referenced, ( 1, I I, I I 1, IV, V, VI, and VI I
contain all the terms and conditions agreed upon by the parties.
, ),
IN WITNESS THEREOF, the parties hereto have caused this 22
executed by their undersigned officials as duly authorized.
page contract to be
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
PROVIDER
STATE OF FLORIDA DEPARTMENT OF
HEALTH AND
REHABILITATIVE SERVICES
SIGNED BY:
SIGNED BY:_.
NAME:
NAME:
A. H. BALDWIN
Assistant Health Officer for
Interprogram Development and
Techncial Assistance
TITLE:
TITLE:
DATE:
DATE:
FEDERAL 10 NUMBER:
VP-59-6000749
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AftACIIMBRT I
A. RESPONSIBILITIES OF PROVIDER:
The provider is responsible for: (1) improving the existing
quality of prehospital Emergency Medical Service (EMS) activities,
services, or having a positive impact on patient mortality and
morbidity; and, (2) expanding the extent, size, or number of
existing prehospital EMS activities or services. The activities
and services to be provided are described in the provider's EMS
matching grant Request for Proposal (RFP) which is on file at the
State of Florida, Department of Health and Rehabilitative Services,
Office of EMS, Tallahassee, Florida 32399-0700.
B. MANNER OF SERVICE PROVISION:
Services will be rendered by the provider in a manner
consistent with Chapter 401, Florida Statutes, and the work plan,
Attachment VII.
C. METHOD OF 'PAYMENT:
1. This is a cost reimbursem~nt contract. The department
agrees to reimburse the provider for a total amount not to exceed
$ 79.365.00 , per line item budget, Attachment VI, subject to
the availability of funds.
2. The provider shall submit monthly reimbursement requests
to the department accompanied by signed invoices. The invoices
must clearly indicate the service or product delivered, date
delivered, date paid, item cost, total cost, condition or quality,
and identification of the person receiving the service or product.
3, The provider shall submit monthly reimbursement requests
using the format provided, Attachment III (may be duplicated), in
accordance with the approved line item budget, Attachment VI.
Funds paid to the provider according to the terms of this contract
must be spent by the provider as detailed in the line item budget,
Attachment VI.
4. The provider shall submit invoices for personnel services
and fees on a time/rate basis. The invoice must clearly identify
by name each individual, a general statement of services provided,
the time period covered by the invoice, and the hourly rate times
the number of hours worked for each individual. Appropriate
timesheets or timelogs must accompany the invoice.
5. The provider must submit the final invoice for payment to
the department no later than 45 days after the contract ends or is
terminated; if the provider fails to do so, all right to payment is
forfeited, and the department will not honor any requests submitted
after the aforesaid time period. Any payments due the provider
under the terms of this contract may be withheld until all
evaluation and financial reports due from the provider, and
necessary adjustments thereto, have been approved by the
department.
()
D. SPECIAL PROVISIONS:
1. The provider
contract in accordance
rules, regulations, and
services.
agrees to implement provisions of this
with federal, state, and local laws, and
policies that pertain to emergency medical
2. The provider assures that County Award funds will not be
used to fulfill any matching grant program requirements. Except as
provided by state and federal statute, a matching requirement may
not be met by costs supported by another state, federal or other
governmental agency contract or grant, No costs or third-party in-
kind contributions may count towards satisfying a matching
requirement of a department contract if they are used to satisfy a
matching requirement of another state contract or federal grant.
3. The pr.ovider agrees to have an annual financial and
compliance audit performed by an independent auditor as specified
in Attachment IV. This audit is not required for f1For Profit"
organizations.
4. The provider agrees to submit a written report to the
department, within 45 days after the contract ends or is
terminated, describing the degree to which these contractual
services have improved and expanded prehospital EMS.
5. Communications Activities and Equipment.
a. The provider agrees that all communications
activities and equipment shall be approved by the State of Florida,
Department of General Services, Division of Communications as
required by section 401.024" Florida Statutes. The department
further requires that such approval be in writinq.
b. The approval referred to in the preceding paragraph,
must be dated after the date the contract was executed and prior to
the purchase of the requested activities or equipment. This
approval is required in addition to any previous Division of
Communications conceptual review, approval, or recommendation dated
prior to the date the contract was executed. Any costs for
communications activities and equipment which do not receive this
written approval shall be disallowed.
6. Vehicles.
If the project includes the purchase of a ground emergency
transport or response vehicle, the provider agrees to submit a
written report to the department, within 45 days after the contract
ends Qr is terminated. The report shall include the following
information regarding vehicles purchased under this contract:
number of emergency and nonemergency responses; total mileage
accrued; number of days in service; number of days out of service;
and mean response time (measured from the time an EMT dispatcher is
notified until the crew arrives on scene) for emergency calls.
7
7. Equipment.
If the project includes purchase of medical or rescue
equipment, the provider agrees to submit a written report to the
department, within 45 days after the contract ends or is
terminated. The report shall include the number of individual
instances in which defibrillators and power rescue tools were
utilized.
a. Community Lay Education.
If the project includes community lay education activities or
services, the provider agrees to provide the department, in
addition to quarterly reports, class rosters indicating: course
ti tIe; beginning and ending dates; total class hours; name and
social security number of participants; and, indication of
participants who-successfully complete the course.
9. Professional Education.
If the project involves professional education activities or
services, the provider agrees to provide the department, in
addition to quarterly reports, a syllabus of training activities,
and class rosters indicating: title of activity; beginning and
ending dates; name and signature of provider I s medical director;
name and signature of presenter; total class hours; name and state
certification number of all participants; and, an indication of
those individuals successfully completing the training.
10. Research and Evaluation.
If the project involves research or evaluation the provider
agrees that all research and evaluation activities will comply with
U.S. Department of Health and Human Services Regulations for
Protection of Human Subjects (45 CFR, as amended) regarding the
protection of human research subjects.
11. Nonexpendable Property.
Both Parties Agree that:
a. The provider shall have title to all nonexpendable
property purchased under this contract. The provider shall clearly
document any assignment of ownership or usage of nonexpendable
properly.
b. The provider shall be responsible for the proper
insurance, licensing, permitting and maintenance of nonexpendable
property purchased under this contract.
c. Nonexpendable property purchased under this contract
shall be used solely for improving and expanding prehospital
emergency medical services.
12. Matching Grants Funds.
Both Parties Agree that:
R
a. The provider shall designate a separate account into
which the EMS matching grant award monies are to be deposited for
this contract.
b. All matching grant funds shall be used solely for
activities and services as described in the provider's EMS matching
grants RFP which is on file at th~~State of Florida, Department of
Heal th and Rehabilitative Services, Office of EMS, Tallahassee,
Florida 32399-0700.
c. Any disallowed matching grant funds which remain in
the provider's account at the end of the contract period, shall be
returned to the department within 45 days after the contract ends
or is terminated.
d. No change in the budget for any line item, or the
addition or deletion of line items will be made without the written
prior approval of the department's contract manager and the Central
Financial Services Contract Administration Office. The provider
shall revise the appropriate line items and submit justification
for the change to the department using the Contract Budget Revision
Request, Attachment V. Any expenditures made without this approval
will be disallowed.
e. Exclusive of personnel salaries and fringe benefits
categories, the provider is not restricted to staying wi thin the
line item amounts reflected in the budget. However, the provider
must stay within the total combined amount budgeted for all other
categories. The provider shall be solely responsible for any
amount reflected in the budget which is in excess of the amount
specified in Section II. A. of the core contract.
f. No budget change can be made which will increase the
budgeted salary line item for any provider staff person, unless
such an increase was project.ed in the original contract budget,
wi thout prior approval of the department's contract manager and
Central Financial Support Services Contract Administration Office.
The provider will revise the appropriate line items and submit
justification for the change to the department using the Contract
Budget Revision Request, Attachment V. Any salary or fringe
benefit increase made by the provider without an approved line item
budget revision will be disallowed.
13. Reports and Documentation:
The provider agrees to submit to the department one original and
one copy of the Program Performance Report, Attachment II. The
r~quired deadlines for providing the department with a written
Program Performance Report are as follow:
a. February 29, 1988
through January 31, 1988;
for the period November 1, 1987
b . May 31 , 19 8 8
through April 30, 1988;
for the period February 1, 1988
9
c. August 31, 1988 for the period May 1, 1988 through
July 31, 1988i
d. November 30, 1988 for the period August 1, 1988
through October 31, 1988.
14. Any scientific or other report written about this project
will contain a proper credit statement that system funding for this
project, in whole or part, whichever the case may be, was provided
through the Florida Department of Health and Rehabilitative
Services, Office of Emergency Medical Services.
15. As specified in Attachment I, Section C.2., bills for fees
and other compensation for services or expenses will be submitted by
the provider in detail sufficient for a proper pre-audit and post-
audit thereof.
16. If applicable, bills for any travel expenses must be
submitted by the provider in accordance with Section 112.061,
Florida Statutes (F.S.). The department may establish rates lower
than the maximum provided in Section 112.061, F.S.
17. Units of deliverables, including reports, findings and
drafts which must be received and accepted by the contract manager
prior to payment as specified in Attachment I, Section D.13.
18. The criteria and final date by which such criteria must be
met for completion of this contract are specified in Section
III.A.2. on page 4 of the core contract.
19. A complete cop~ of the executed contract with all
attachments must be on file with the person responsible for the
administration of the contract, specifically, the authorized person
identified on page 5, Section III.C. of the core contract.
20. The provider certifies that the cash and in-kind match
required by the provision of the RFP will be available and in direct
support of the project as proposed in this contract and its
attachments. The provider's failure to complete the terms of this
contract due to insufficient cash or in-kind match will result in
the termination of this contract for cause.
10
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ATTACHMENT III
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ATTACHMENT IV
Financial and Compliance Audits
This attachment is applicable if the provider is a state or
local government, university, hospital or other nonprofit
entity. It shall not apply if the total of all funds
received during the provider's fiscal year from contracts
with the department is less than $25,000.
The provider agrees to have an annual financial and
compliance audit performed in accordance with Standards for
Audit of Governmental Organizations, Programs, Activities,
and Functions developed by the Comptroller General of the
United States, dated February 27, 1981 (also referred to as
the "yellow book"). State and local governments shall
comply with Office of Management and Budget (OMB) Circular
A-128, "Audits of State and Local Governments".
Universities, hospitals and other nonprofit providers shall
comply with OMB Circular A-110, "Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations". Audits shall cover the entire
organization for the organization's fiscal year, and shall
be performed by state or local government auditors or
certified public accountants who meet the independence
standards specif:_~d in the the yellow book.
The provider shall ensure that audit workpapers and reports
are retained for a minimum of five years from the date of
the audit report, unless the provider is notified in writing
by the department to extend the retention period. The
provider shall also ensure that audit workpapers are made
available upon request to the department or its designee.
The scope of Standards for Audit of Governmental
Organizations. Programs, Activities. and Functions (the
"yellow book") includes (1) financial and compliance, (2)
economy and efficiency and (3) program results. For
purposes of this attachment, the scope of audits performed
should include only financial and compliance.
Copies of the audit report shall be submitted to the Office
of Audit and Quality Control Services, Audit Services
Administrator, Building 3, Room 219, 1317 Winewood
Boulevard, Tallahassee, Florida 32399-0700 and to the
contract manager for the department within 120 days after
the end of the provider's fiscal year unless otherwise
required by Florida statutes. If a manaqement letter or any
other reports or correspondence relating to the audit
findings or recommendations are issued in connection with
the audit, copies shall accompany the audit report.
14
12/16/86
ATTACHMENT V
CONTRACT BUDGET REVISION REQUEST
CONTRACT I
Name of Provider
REQUESTED EFFECTIVE DATE OF THIS AMOUNT
APPROVED CATEGORY/LINE ITEMS
CURRENT
BUDGET
REQUEST *
CHANGES
PROPOSED
NEW BUDGET
GRAND TOTAL
Request by
Approved-by HRS Contract Manager
Date
Date
Approved by HRS Contract Administrator Date
(ASCAF)
*Justifications for changes may be written on the reverse of this Request
or on a separate sheet of paper.
15
, ,J
ATTACHMENT VI
LINE ITEM BUDGET
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ATTACHMENT VII
WORK PLAN
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