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Resolution 008-1988 Sheila Malloy, Director Nutrition Program RESOLUTION NO. 008-1988 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/ CHAIRMAN OF THE BOARD TO EXECUTE CONTRACT #88-3-878 - TITLE III-C-2 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 #88-3-878 - Title III-C-2 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~ / o I~ (SEAL) Attest:DANNY L. KOLHAGE, Clerk -.j;2 L ~ ,4..-,- /).~ CLERK /1S TO ..-, .' ~(' 'i' ..': 'r:nr"":: c";'/.' 4 '.. j'.'C'.' ;, ....". ~" ..) I' ~~~dj ~-~ '''-,~. _ 1)"", ,"/,' r';."i,':I~1 v CONTRACT # TITLE: 88-3-878 III C-2 OFFICIAL FEDERAL FUNDS CONTRACT BETWEEN AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES/ UNITED WAY OF DADE COUNTY, INC. AND THIS CONTRACT is entered into between the AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES/UNITED WAY OF DADE COUNTY, hereinafter referred to as the "Area Agency," and MONROE COill\T'fY BOARD OF COMMISSIONERS (NUTRITION PROGRAM) , hereinafter 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 Regulations 1. It this contract contains Federal tunds, the Provider shall comply with the provisions ot 45 CFR, Part 74, and other applicable regulations as specified in Attachment I. 2. It this contract contains Federal tunds 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 USC 1388 et seq.). 3. The Provider ~s to complete the Civil Rights Compliance Questionnaire, BRS Forms 946 A, and B if so requested by the AAA. C. Audita and Records 1. To maintain books, records and documents in accordance with aecountinc procedures and practices which sufficiently and properly refiect all expenditures ot tunds provided by the Area Agency under this contract. 2. To assure 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, as 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 aforementioned 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. Retention ot 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 ot 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 progress 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 Wible, and agrees to be liable for, and shall indemnify, defend, and hold the Area Agency 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 Area Agency with written verification of the existence of. such insurance coverage. H. Safeguarding Information The Provider shall Dot 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 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 Area Agency management and program data, inCluding client identitiable data, as specified by the Area Agency in Attachment I for inclusion in the HRS Client Information System . J. Assignments and Subcontracts The Provider shall neither 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 Area Agency. No such approval by the Area Agency 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 Area Agency in addition to the total dollar amount agreed upon in thi..c; contract. All such assignments or subcontracts shall be subject to the conditions of this contract (except Section I, Paragraph 0) and to any conditions of 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 wnting 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. . oN. 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 articles which are the subject of, or required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (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, firm, 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 according to the conditions of Attachment I in an amount not to exceed $ 60.043 subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Leplature. III . The Provider and Area Agency mutually agree: A. Effective Date 1. This contract shall begin on 1/1/88 on the date on which the contract has 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 . pe~sonwith 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 certitied 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, return receipt requested, or in person with proof of delivery. It applicable, the Area Agency may employ the default provisions in Chapter 13A-l, Florida Administrative Code. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other brea<: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 tor the Area Agency tor this contract is Paul C. Hunt The representative ot the Provider responsible for the administration of the program under this contract is Louis LaTorre In the event that difterent representatives are designated by either party after execution ot 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 the originals of this contract. D. Renegotiation or Modification 1. Modification of provisions ot this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract it Federal and/or State revision ot any applicable laws or regulations, or regulations makes changes in this contract necessary. 2. It this contract contains a fixed-price method ot payment section, and the rate ot payment is determined through the appropriations process, then this contract may be amended to refiect the new rate established through the appropriations process retroactive to the eftective date ot this contract. 3. It the contract contains either a cost-reimbursement or a fixed-price method ot payment, the rate ot payment and the total dollar amount may be adjusted prospectively to retlect price-level increases determined through the appropriations process and subsequently identified in the department's operating budget. E. Name and Address ot Payee The name and address ot the otticial payee to whom the payment shall be made: MONROE COUNTY BOARD OF Ca.1MISSIONERS NUTRITION PROGRAM 1315 Whitehead Street Key West, FL 33041 F. Total Project Cost The Area Agency share in the total project cost is $ 60 . 043 the Provider's share of the total project cost $ 6,671 for a total project cost ot $ 66,714 G. All Terms and Conditions Indu.ded: This contract and its attachments as reterenced: A ttachment I: A ttachment II: Conditions Civil Rights Certificate Grant Application Package Attachment III: 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 as duly authorized. PROVIDER AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES/ UNITED WAY OF DADE COUNTY Signature: Signature: Name: Name: (Please Print) Title: Title: Date: Date: FEDERAL ID NUMBER Paul C. Hunt ( Please Print) Executive Director (; ,~ L~j~/ / .-. . ,. ~. / t,-. Final implementation of this contract is subject to: *Changes in the contract fonnat due to HRS requirements *Final AM approval of a completed application 5 ATTACHMENT I CONDITIONS A. Services to be Rendered 1. The attached Application for Title III Funds, (Attachment III) ,and any revisions 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, appendix B: All requests for payments will be made using HRS Form 578 - Request for Payment - Refund Notice. Expenditure reports will' be submitted to support requests for payment, using HRS Form 577 - Report on Receipts and Expenditures. Replication of both the HRS Form 577 and HRS Form 578 vis data processing equipment is permissible; 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 through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. 3. The Provider may request an extraordinary cash in addition to the above advance requests in accordance with the projected advance payment and reimbursement schedule contained in the Grant Application package or as otherwise necessary when approved by the Area Agency. The term "extraordinary cash" used here means cash needs resulting from payables due within a given month for items generally paid on a one-tUDe, non-recurring basis during the contract period. Reimbursement payments for succeeding months will be reduced by the amount of extraordinary cash. expended; in accordance with HRSM 55-1, paragraph 5-12. 4. All interest earned on the advance of federal funds may be retained by the Provider for the purpose of expanding service provision in accordance with HRSM 55-1, paragraph 4-15. 5. Any payment due under the terms of this contract may be withheld pending the receipt and approval by the Area Agency 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 forfeited and the Area Agency will not honor any request submitted after the aforesaid agreed-upon period. 7. The expenditure reports for 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 obligations 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 Funding (Attachment III), according to the distribution of funds as detailed in 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 of which is one year or more. Non-expendable property also includes hard-back covered books, the value or cost of which is $25 or more. 2. - Prior written approval is required for the purchase of 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 of acquisition and unit cost, property inventory number and information on the condition, transfer, replacement or disposition of the property. Such property shall be inventoried annually, and an inventory report shall be submitted to the Area Agency annually with updates as property is obtained. 4. Disposition of non-expendable property and unused supplies for currently funded 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 for any travel expenses should be retained on tile in an auditable format and paid in accordance with the rates specified in Section 112.061, F. S. , governing payments by the state for travel expenses and HRSM 40-1 (Otticial Travel of HRS Employees and Non-Employees). 2. Receipts for 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 HRSR 40-1. 3. The Provider must retain on file in an auditable format documentation of all travel expenses to include the following data elements: name of traveler, dates of travel, travel destination, purpose of travel, hours of departure and return, per diem or meals allowance, map mileage claimed, vicinity mileage, incidental expenses, signature of payee and payee's supervisor. 4. The Provider may consolidate the travel expense claims for each individual to include travel for a specific period of time. Consolidated reports must be supported by a travel log which details each trip for which travel expense is claimed. F . Financial Reports The Provider agrees to provide an accurate, complete and current disclosure of the ofinancial results of this contract as follows: 1. To submit all requests for 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 Are& Agency 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 a quarterly basis. These reports must be submitted by the Provider no later than the tenth day of the month following each quarter and should be cumulative from the beginning of the contract period to the end of the last 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 financial and compliance audits will be in accordance with Standards for Audits of Governmental Organizations, Program, Activities and Functions by the Comptroller General of the United States, February 27, 1981. The scope of Audits performed will include only financial and compliance. 3. Local government providers will comply with the Office of Management and Budget Circular A-128, "Audits of State and Local Governments" dated April 15, 1985. 4. Nonprofit providers will comply with the Office of Management and Budget Circular A-nO, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations" . 5. All provider audits (Local Government and Non Profit) will comply with OMB Circular A-128 sections 5.f.,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 of the audit unless the auditor is notified by the Area Agency 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 Agency on or by 180 days after the end of agency's fiscal year. 8. Five copies of the audit report, management letter, other reports or correspondence related to the audit findings or recommendations issued in connection with the audit must be sent to the Area Agency. H. Subcontracts: Area Agency approval of the application for Title III funding shall not constitute Area Agency approval of the Provider subcontracts. Prior Area Agency approval is required. I. Monitoring: The Provider agrees to comply with the monitoring reqUirement8 of the state and the Area Agency in accordance with HRSM 55-1 and HRSM 140-1C. J. Special Provisions: 1. The following clau8e supersedes Section 111-8-1: Termination At Will: This contractmay be terminated by either party upon no leS8 than thirty (30) days notice pursuant to 45 CFR 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 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 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 funding 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 funds 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. Copyrights and Right to Data: Where activities supported by this project produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Area Agency has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Area Agency do so. If the material is copyrightable, the provider may copyright such material, with approval of the Area Agency, but the Area Agency will reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others acting on behalf of the Area Agency to do so. 7. Bonding: The provider agrees to furnish a bond from a responsible commercial insurance company covering all officers, employees and agents of the provider authorized to handle funds received or disbursed under this contract in amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practice. 8. Sponsorship: The Provider assure that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the Provider, shall include the statement: "Sponsored by the Department of Health and Rehabilitative Services and the State of Florida". If the sponsorship reference is in written material, the words, "State of Florida" shall appear in the same size letters or type as the name of the organization. K. Conditions of Award: 1. No later than fifteen (15) days before the effective date of this contract, the Provider will submit a final, revised and acceptable application for Title III funding with any changes found to be necessary for fiDal approval by the Area Agency on Aging. 2. The Provider's contract amount may be revised pending any chances as a result of Area Agency appeal process. Upon receipt of any formal written Protest which has been timely filed, the Area Agency promptly will notify in writing any other agency or organization that in the judgement of the Area Agency Contract Manager might be affected by the protest and furnish copies of all protesting 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 basis 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 REHABILIATION 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 for the purpose of obtAining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other Federal tinancial assistance to programs or activities receiving or benefitting from Federal ~inancial assistance. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seg., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting trom 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 benefitting 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 benefitting from Federal financial assistance. 40 The Age Discrimination Act of 1975, as amended, 42 U. S . C 0 6101 et seq 0' which prohibits discrimination on the basis of age in programs or activities receiving or benefitting from Federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, PoL. 97-35, which prohibits discrimination on the basis of sex and reUcfon in programs and activities receiving or benefitting from Federal financial assistance. 6. All regulations, guidelines, and standards lawtully adopted under the above statues. The applicant -.nes that compliance with this assurance constitutes a condition of continued receipt of or benefit from Federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assipees tor the period during which such assistance is provided. The applicant further assures that all contractors, subcontractors, sub grantees 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, reculations, guidelines, and standards. In the event of failure to comply, the applicant understands that the Area Agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or arllOinistrative relief, to include assistance being terminated and further assistance being denied 0 IO/liz-a-H 10