Resolution 007-1988
..
Sheila Malloy, Director
Nutrition Program
RESOLUTION NO. 007-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/
CHAIRMAN OF THE BOARD TO EXECUTE CONTRACT
#88-2-878 - TITLE III-C-l BY AND BETWEEN AND THE
AREA AGENCY ON AGING FOR DADE AND MONROE
COUNTIES/UNITED WAY OF DADE COUNTY AND THE MONROE
COUNTY BOARD OF COMMISSIONERS (NUTRITION
PROGRAM) .
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 Contract #88-2-878 - Title III-C-l
by and between the Area Agency on Aging for Dade and Monroe
Counties/United Way of Dade County and the Monroe County Board of
Commissioners (Nutrition Program), a copy of the same being
attached hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of January, 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
By,g~~~
v CHAI N
(SEAL)
Attest: DANNY 1... KOLHAGE, Clerk
~L~~~.M
LERK ,.
f\PPFlO\!fO liS TO 1\
t;' ''''''r:r'C''''f.rv
'Nl~', j':''1~'~L':>(j.' c..!.. '."'~'~'.
;.",..' --.~' (Q -' _/
. .
. tC .
.", i~ c~: ~ --: --
r.~ ~- . -- A i.'r,,1rrn('~l'!, C'::{j;:A
/
:.'
v
CONTRACT. 88-2-878
TITLE: III C-l
OFFICIAL FEDERAL FUNDS CONTRACT
BETWEEN
AREA AGENCY ON AGING FOR DADE " MONROE COUNTIES/
UNITED WAY OF DADE COUNTY, INC.
AND
TH.IS CONTRACT is entered into between the AREA AGENCY ON AGING FOR
DADE AND MONROE COUNTIES/UNITED ~ OF DADE COUNTY, hereinatter
referred to as the "Area Agency," and MONROE COlJNIY BOARD OF CCM1ISSIONERS
(NUTRITION PRCCRAM)
, hereinatter referred to as the "Provider".
The Parties agree:
I. The Provider agrees:
A. To provide services according to the conditons specified in Attachment
I.
B. Federal and State Laws and ReCUlations
1. It this contract contains Federal funds, the Provider shall comply
with the provisions of 45 CFR, Part 74, and other applicable
reCUlations .. specified in Attachment I.
2. It 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
USC 1857 et seq.) and the Water Pollution Control Act as amended
(33 use 1388 et seq.).
,
3. The Provider acnes to complete the Civil Richta Compliance
Questionnaire, BRS Forms Me A, and B it so requested by the
AAA.
,.
C. Audits and Records
1. To JUiDtaiD books, records and documents in accordance with
accountinl' procedures and practices which sutticiently and
Properly reflect all expenditures of funds provided by the Area
Agency under this contract.
2. To ..sure that these records shall be subject at all times to
inspection, review, or audit by Area Agency and Department ot
Health and Rehabilitative Services, State of Florida, personnel
and other personnel duly authorized by the Department, .. well
as by Federal personnel.
3. To maintain and tile with the Area Agency such progress, fiscal,
inventory and other reports as the Area Agency may require
within the period ot this contract.
4. To include these atorementioned audit and recordkeeping 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, Florida Statutes,
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 ot contract.
D. Reten tion 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.
- 1 -
2. Persons duly authorized by the Area Agency 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
as specified in Attachment I. These reports will be used for
monitoring procress or performance of the contractual 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 Area Agency 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 liI.ble, and acrees to be liable for, and shall
indemnity, defend, and hold the Area Al'ency harmless from all claims,
suits, judl'ements or damal'es, including court costa and attorneys'
fees, ariainl' out of negligence or omissions by the Provider in the
course of the operations of this contract.
G. Insurance
The responsibility for providinl' adequate liability insurance coveral'e
on a comprehensive basis shall be that of the Provider and shall be
provided at all times during the existence of tb.i8 contract. Upon the
execution of tb.i8 contract, the Provider shall tumish the Area Al'ency
with written verification of the eziatence of. such insurance coveral'e.
H. Satepardinl' 1Dt0rmation
The Provider sball not use or c:l:iacJose any information conceminl' a
recipient of HI"Vfcea under tb.i8 contract for any purpose not in
confonlity with the State RelUlations and Federal recuIations (45
CFR, Part 205.50), except on written consent of the recipient, or his
respcmaibla parent or guardian when authorized by law.
I. Client IDformation
I.",
The Provider shall submit to the Area Al'ency man.....ent and program
data, inclUding client identifiable data, as specified by the Area
Agency in Attachment I tor inclusion in the HRS Client Information
System .
J. Assignments and Subcontracts
The Provider shall neither assip the responsibility ot this contract to
another party nor subcontract for any ot the work contemplated
under this contract without prior written approval ot the Area Agency.
No such approval by the Area Agency ot any assignment or subcontract
shall be deemed in any event or in any manner to provide tor the
incurrence ot any obligation ot the Area Agency in addition to the
total dollar amount agreed upon in this contract. All such assignments
or subcontracts shall bEl subject to the conditions of this contract
(except Section I, Paragraph 0) and to any conditions ot approval
that the Area Agency shall deem necessary.
K. Financial Reports
To provide financial reports to the Area Agency as specified in
A ttachmen t I.
L. Return of Funds
The Provider agrees to return to the Area Agency any overpayments
due to unearned funds or funds disallowed pursuant to the terms of
this contract that were disbursed to the Provider by the Area Agency.
Such funds shall be considered Area Agency funds and shall be
- 2 -
refunded to the Area Agency. The refund shall be due within 30
days following the end of 'the contract or at the time the overpayment
is discovered unless otherwise authorized by the Area Agency in
writing and attached to this contract.
M. Unusual Incident Reporting
If services to clients will be provided under this contract, the Provider
and any subcontractors shall report to the Area Agency unusual
incidents in a manner prescribed in HRSR 0-10-1 dated January 1,
1986.
.N. Transportation Disadvantaged
If clients will be transported under this contract, the Provider will
subcontract with the designated Community Coordinated Transportation
Provider, 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.
O. Purchasing
It is expressly understood and agreed that any a.rt:icles which are the
subject of, or required to carry out this contract shall be purchased
from Prison Rehabilitative Industries and Diversified Enterprises, IDc.
(PRIDE) identified under Chapter 946, F .S., in the same manner and
under the procedures set forth in Section 946 .15(2), (4), F. S. and
for purposes of this contract the person, finD, or other business
entity carrying out the provisions of this contract shall be deemed to
be substituted for this agency insofar as dealings with PRIDE. This
clause is not applicable to any subcontractors, unless otherwise
required by law.
II. The Area Agency agrees:
A. Contract Amount
To pay for contracted services accordiDl' to the conditions of Attachment
I in an amount not to uceed S. 152 839 .~ subject to the
avaDabiUty of tunela. The State of ~rida's performance and oblil'ation
to pay under this contract is continl'ent upon an annual appropriation
by the Leplature. .
III. The Provider and Area Al'ency mutually acree:
A. Effective Date
1. This contract shall belf,n on 1/1/88 on the date on which
the contract haa been signed by both parties, whichever is later.
2. This contract shall end on
12/31/88
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 Area Agency 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 Area Agency shall be
the final authority as to the availability of funds.
3. Termination for Breach
Unless the Provider's breach is waived by the Area Agency in
writing, the Area Agency may, by written notice of breach to
Provider, terminate this contract upon no less than twenty-four
- 3 -
(24) hours notice. Said notice shall be delivered by certified
mail, retum receipt requested, or in person with proof of delivery.
If applicable, the Area Agency may employ the default provisions
in Chapter 13A-l, Florida Admi"'istrative Code. Waiver of breach
of any provision of this contract shall not be deemed to be a
waiver of any other breac:h and shall not be construed to be a
modification of the terms of the contract. The provisions herein
do not limit the Area Agency's right to remedies at law or to
damages.
C. Notice and Contact
The Contract Manager for the Area Agency for this contract is
Paul C. flmt The representative of the Provider responsible tor
the admini-tration of the program under this contract is Louis LaTorre
In the event that different representatives are desipated by either
party alter execution of this contract, notice of the name and address of
the new representative wf11 be rendered in writinl' to the other party
and said notification attached to the orilinals of this contract.
D. Renegotiation or Modification
1. Modification of provisions of this contract shall only be valid
when they have been reduced to writinl' and duly siped. The
parties alTee to renecodate this contract it Federal and/or State
revision of any applicable laws or relu1ations, or rel'Ulations
makes chanl'es in this contract necessary.
2. If this contract contains a f!zed-price method of payment section,
and the rate of payment is determined throul'h the appropriations
process, then this contract may be amended to refiect the new
rate established throup the appropriations process retroactive
to the effective date of this contract.
3. If the contract CODtafDs either a cost-re1IDbursemeat or a f!zed-price
method of paymeat, the rate of paymeat and the total dollar
amount may be adjusted proapecUve1y to retJect price-level
increu.. determined throup the appropriations process and
subaequeatlJ' ideatiftecl in the departlDeat's operatinc budcet.
E. N... ad Address of Pay..
The ~ ad address of the oftfcia1 pay.. to whOlD the paymeat shall
be made:
MONROE COUN'IY BOARD OF CCUUSSIONERS
NUTRITION PR<X.;RAM
1315 Whitehead Street
Key West, FL 33041
F. Total Project Cost
The Area Agency share in the total project cost is $ 152.839
'- the Provider's share of the total project cost $ 16.982
tor a total project cost of $ 169 .821
G. All Terms and Conditions rn~lu.dftd:
This contract and its attachments as referenced:
Attachment I:
A ttachment II:
Conditions
Civil Richts Certificate
Grant Application Package
A ttachment I II:
Contain all the terms and conditions agreed upon by the parties.
4
IN WITNESS THEREOF, the parties hereto have cased this 10 page
contract to be executed by their undersigned officials a8 duly authorized.
PROVIDER
AREA AGENCY ON AGING FOR
DADE AND MONROE COUNTIES/
UNITED WAY OF DADE COUNTY
Signature:
Name:
(Please Print)
Signature :
Name:
Paul C. Hunt
(Please Print)
Title:
Title :
Date:
Executive Director
Date:
FEDERAL ID NUMBER
/'\
.I , /',
~ d~ /1
l-
Final implementation of this contract is subject to:
*Changes in the contract fonnat due to HRS requirements
*Final AM approval of a canpleted application
5
A TT ACHM!NT I
CONDITIONS
A. Services to be Rendered
1. The att~c~ed Application for Title III Funds, (Attachment III),and
any reVlSlOns thereto approved by the Area Agency, 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 Provision:
1. The services will be provided in a manner consistent with and as
described in the Application For Title III Funds (Attachment III)
and HRSM 140-1. - - -
C. Method of Payment:
1. Payment shall be on an advance and reimbursement basis in accordance
with HRSM Manual 55-1, appencliz B: All requests for payments wiD be
made using HRS Form 578 - Request for Payment - Refund Notice.
Expenditure reports will' be submitted to support requests for payment,
usinl' HRS Form 577 - Report on Receipts and Expenditures. Replication
of both the HRS Form 577 and HRS Form 578 vis data processinl' equipment
is pe1"llliasible; replications must include all data elements included
on HRS forms.
2. The provider may request a monthly advance for each of the first
two months of the contract period, based on anticipated cash needs.
All reimbursement requests for the third throul'h the twelfth months
shall be based on the submission of monthly actual expenditure reports
beliDninl' with the first month of the contract.
3. The Provider may request an eztnorctiDary cash in addition to the
above advance reque.ts in accordance with the projected advance
payment and reDabunement schectuJe containect in the Grant Application
paek_l'e or as othenriae necessary when approvect by the Area Al'ency.
The tena "eztnordinary casb" used here means cash needs resultinl'
f~ payabJea due within a pven month for item. pnerally paid on a
one-time, DOD-recurrinl' basis durinI' the contract period. Reimbursement
p.,..ta for .ucceediDl' months will be reduced by the amount of
eztnordfaary cash, expended; in accordance with HRSN 55-1, paracraph
5-12.
4. All intere.t earned on the advance of federal lunda may be retained
by the Provider for the purpose of ezpandiDl' service provision in
accordance with HRSM 55-1, paracrapb 4-15.
5. Any payment due under the term. of thia contract may be withheld
pendiDl' the receipt and approval by the Area Al'ency of all financial
reports due from the provider an any adjustments thereto.
6. The Provider must submit the final request for payment to the Area
Agency no more than forty-five (45) days after the contract ends or
is terminated; and it the Provider fails to do so, all rights to payment
are forteited and the Area Agency will not honor any request submitted
after the aforesaid agreed-upon period.
7. The expenditu1"f:' i~~pOr-tsror the final two months of the contract
shall be submitted by the Provider no more than five days after
the end of the contract.
8. All monies which have been paid to the Provider which have not been
used to retire outstanding oblia"ations of the contract being closed out
must be refunded to the Area AGency along with the closeout package
which is due forty-five (45) days after the contract ending date.
9, The Provider agrees to implement the Application for Title III F?nd~g
(Attachment III), according to the distribution of funds as detailed 10
the Application for Title III Funding Budget Summary.
6
D. Non-Expendable Property:
1. Non-expendable property is equipment, fixtures, and other tangible
personal property of a non-consumable nature, the value of which is
$200 or more, and the normal operational lite ot which is one year or
more. Non-expendable proputy also includes hard-back covered
books, the value or cost ot which is $25 or more.
2. .. Prior written approval is required tor the purchase ot any item of
non-expendable property not included in the approved grant application
package.
3. All such property shall be listed on the property record by description,
manufacturer's model number, serial numbers, date ot acquisition and
unit cost, property inventory number and information on the condition,
transter, replacement or disposition of the property. Such property
shall be inventoried annually, and an inventory report shall be submitted
to the Area Acency annually with updates as property is obtained.
4. Disposition of non-expendable property and unused supplies tor
currently tunded and/or terminated Service Providers will be in
accordance with HRSM 55-1.
E. Travel:
1. Section 287. 058( 1)(b), F. S., requires that invoices tor any travel
expenses should be retained on tile in an auctitab1e tormat and paid
in accordance with the rates specified in Section 112.061, F. S. ,
IOverninl' payments by the state for travel expenses and HRSM
40-1 (Official Travel of HRS Employees and Non-Employees).
2. Receipts tor car rental and air transportation are required documents
to be retained on tile to support payment. Other incidental expenses
that require support documents to be retained on file by the Provider
are identified in HRSa 40-1.
3. The Provider must retain on file in an auc:titable format documentation
of all travel expenaea to include the foUowtnl' data elements: name of
traveler, dat.. of travel, travel destfDation, purpo.. of travel, hours
of departure _d returD, per diea or mea1a allowance, map mileaee
cl_-_. vtciDi~ lDBeal'e, incidental expense. J sipature of payee
and payee'. .upervisor.
4. The Provider may consolidate the travel expen.e claim. tor each
individual to include travel for a specific period of time. Consolidated
reports mu.t be supported by a travel 101' which detalla each trip
for which travel expense is claimed.
F. Financial Reports
The Provider acrees to provide an accurate, complete and current disclosure
ot the tinancial results of this contract u tollow.:
1. To submit all requests tor payment and expenditure reports according
to the format, schedule and requirements specified in HRSM 55-1.
2. To submit a contract closeout report to the Area Acency as specified
in HRSM 55-1.
3. A complete and accurate HRS Form 2006, service cost repot must be
submitted to the Area Agency on 2 quarterly basis. These reports
must be submitted by the Provider no later than the tenth day of the
month tollowing each quarter and should be cumulative from the
beginninl' of the contract period to the end of the las~ quarter.
G. Financial and Compliance Audits:
1 , The Provider will have an annual financial and compliance audit
covering its entire organization for its fiscal year performed by an
independent auditor for the fiscal year ending after September 30, 1986
and annually thereafter.
7
2. The annual tinancial and compliance audits will be in accordance with
Standards tor Audits ot Governmental Organizations, Program,
Activities and Functions by the Comptroller General of the United
States, February 27, 1981. The scope ot Audits performed will include
only tinancial and compliance.
3. Local government providers will comply with the Office ot
Management and Budget Circular A-I28, "Audits ot State
- and Local Governments" dated April IS, 1985.
4. Nonprotit providers will comply with the Ottiee ot Management
and Budget Circular A-HO, "Grants and Agreements with
Institutions ot Higher Education, Hospitals and Other Nonprofit
Organizations" .
5. All provider audits (Local Government and Non Protit) will comply
with OMB Circular A-128 sections 5.t.,6,7,8,12,13,14 and 15.
6. Audit work papers and reports will be retained for a minimum of
three years from the date ot the audit unless the auditor is notified
by the Area Al'ency to extend the retention period. Audit workpapers
will be made available upon request to the Area Agency or its designee.
7. Audit reports are due to Area Al'ency on or by 180 days alter the
end ot acency's fiscal year.
8. Five copies of the audit report, manqement letter, other reports
or correspondence related to the audit tindinl's or recommendations
issued in connection with the audit must be sent to the Area Acency.
H. Subcontracts:
Area Al'mcy approval ot the application tor Title In lundinI' shall not
constitute Area Al'mcy approval ot the Provider subcontracts. Prior
Area Acency approval 18 required.
I. MonitorinC:
The Provider acrees to comply with the monitoriDC reqUirements ot the
state and the Area Apncy in accordance with HRSM 55-1 and HRSM
140-1C. .
J. Special Pnm8iona:
1. The folio... c1auae supersede. Section III-B-l:
Termination At wm:
This contract..y be terminated by either party upon no less than
thirty (30) days notice pursuant to 45 CFB Part 74; notice shall be
delivered by certified mail, return receipt requested, or in person
with proof of delivery.
2. The Provider and the Area Agency a&Tee to perform the services of
this contract in accordance with all Federal, State, and local laws,
rules, rel'UIations and policies that pertain to Older Americans Act
Funds.
3. The Provider assures that it will not assess nor collect fees from
eligible clients within the Title III, Older Americans Act Program
without prior written approval of the Area Agency.
4. Federal fiscal year fundinl' provided in this contract is subject to
substitution by prior year's carryforward funds in accordance with
procedures identified in HRSM 55-1. The Area Agency has the
authority to re-award to any Provider current year fwids de-obligated
by this process. This provision exclues Senior Center Carryforward
Funds.
5. The Provider will assure through contract provision that HRS Client
Information System Data is recorded and submitted to the Department
in accordance with HRSP 50-10,
8
6. Copyright~ and Right to Data:
Where activities supported by this project produce original writing,
sound recordings, pictorial reproductions. drawings or other graphic
representation and works ot any similar nature. the Area Agency has
the right to use. duplicate and disclose such materials in whole or in
part, in any manner, tor any purpose whatsoever and to have others
acting on behalf ot the Area Agency do so. It the material is copyrightable,
the provider may copyright such material, with approval ot the Area
Agency, but the Area Agency will reserve a royalty-tree, non-exclusive
and irrevocable license to reproduce, publish. and use such materials,
in whole or in part, and to authorize others acting on behalt of the
Area Agency to do so.
7. Bonding:
The provider agrees to turnish a bond trom a responsible commercial
insurance company covering all otficers, employees and agents ot the
provider authorized to handle funds received or disbursed under this
contract in amount commensurate with the funda handled. the degree
of risk u determined by the insurance company and consistent with
good business practice.
8. Sponsorship:
The Provider assure that all notices, informational pamphlets, press
releues, advertisements, descriptions of the sponsorship of the program,
research reports, and similar public notices prepared and releued by the
Provider, shall include the statement: "Sponsored by the Department ot
Health and Rehabilitative Servic.. and the State of Florida". If the
sponsorship reference is in written material, the worda, "State of
Florida" shall appear in the same size letters or type u the name of
the organiation.
K. Conditions of Award:
1. No later tbaD tiftea (IS) days before the effective date of this
contract, the Provider wm submit a final, revised and acceptable
application for Title III funding with any chan... found to be
neceaA17 for tiDal approval by ~e Area Agency on Acme.
2. The Provider'. contract aJDOunt may be revised pendine any
chan... .. a re.wt of Area Agency appeal process.
Upoa receipt of any formal written Proteat which baa bea timely
filed, the Area Agency promptly will notify in writing any other
agency or orcaniation that in the judpaaent of the Area Agency
Contract Manager miCht be affected by the protest and furnish
copies of all protestine documentation.
If in the sole determination of the Area Agency, a disputed contract award
may result in the interruption of services to elderly clients, the Area
Agency reserves the right to contract with a Provider of choice
on an interim buis to maintain the delivery of services until the
protest is resolved.
',.
9
ATTACHMENT II
CIVIL RIGHTS CERTIFICATE
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT
OF 1964, SECTION 504 OF THE REHAB ILlATION ACT OF 1973, TITLE IX
OF THE EDUCATION AMENDMENTS OF 1972, THE AGE DISCRIMINATION
ACT OF'1975, AND THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981.
The applicant provides this assurance in consideration of and tor the purpose
ot obtaining Federal grants, loans, contracts (except contracts ot insurance
or guaranty), property, discounts, or other Federal tinancial assistance to
programs or activities receiving or benefitting from Federal tinancial assistance.
The applicant assures that it will comply with:
1. Title VI of the Civil Rights Act ot 1964, as amended, 42 U. S. C. 2000d et
se~ . , which prohibits discrimination on the basis ot race, color, or national
origin in programs and activities receiving or benefitting trom Federal
tinancial assistance.
2. Section 504 of the Rehabilitadon Act of 1973, sa amended, 29 U .S.C. 794..
which prohibits d18crimination on the basis of handicap in program. and
activities receiving or benefitting from Federal financial assistance.
3. Title IX of the Education Amendments of 1972, .. amended, 20 D.S.C. 1681
et seq. , which prohibits d18crimination on the basis of sex in education
program. and activities receiving or benefitting from Federal tinancial
assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et
seq. , which prohibits discrimination on the buia of qe in program.
or activities receiving or benefitting from Federal ftDancial assistance.
5. The Omnibu. Budpt ReconcWatfon Act of 1981, P.L. 91-35, which
prohibits clisc:riIamatfon OD the b..is of sex and reU8ion ill p~.
and activit:iea receiving or benefitting froa Fed.ral ftDandal ..sistance.
6. AU recuJationa, ,,,If...., and standuds la~ adopted under the
above statues.
The appUcant ........ tbat campliance with this ...urance constitutes a condition
of continued nceipt of or benefit frca Federal financial ...istance, and that it
is bindfDg upoll the applieaDt, its successors, transferees, aDd ...ip... for
the period durfDg wb.fcb .uch ...istance is provided. Th. applicant further
assure. that all contnctors, sUbcontnctors, subP'Ulteu or oth.... with whoa
it arrange. to provide s.rvices or benefits to participants or ..ploy... in
connection with any of its pro~. and activities are not clisc:riIamating apin.t
those Participants or ..ploy... in vjolation of th. above .tatutes, regulatioll8,
pideline., aDd standards. In th. event of failure to camply, th. applicaDt
understands- that the Area Acency may, at its discretion, seek a court order
requiring compliance with the term. of this assurance or seek other appropriate
judicial or admini.trative relief, to include assistance being terminated and turther
assistance being denied.
IO/liz-a-H
10