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HomeMy WebLinkAboutResolution 041-1988 James R. Paros, Director Emergency Services RESOLUTION NO. 041-1988 A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS 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. WHEREAS, Monroe County is in need of an in-service training program for the County's Emergency Medical Services, and WHEREAS, such services will improve and expand Monroe County's pre-hospital Emergency Medical Services system, and WHEREAS, the State has made funds available for such a training program, and WHEREAS, use of the State funds will not be used to supplant the existing Monroe County Emergency Medical Services budget allocation, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. Monroe County hereby certifies that the monies received from the County Emergency Medical Services award will improve and expand the County's prehospital Emergency Medical Services system and will not be used to supplant the existing Emergency Medical Services budget allocations. 2. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of January, A,D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By,g~~~.? C/ RMA: (SEAL) ATTEST =DANNY L. KOLHAGE, Clerk -L2L<<1,I1/ ;'t,f Ii :' ~ I om Contract No. LC N.J).J STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OTHER GOVERNMENTAL AGENCIES CONTRACT THIS CONTRACT is entered into between the State of Florid'PI De~artm~t of HealMl and Rehf~tatiV,Sl.j ::-~" _ Services, hereinafter referred to as the "department," and on oe oun ty oard ' 0 rt ,) (" County Commissioners 'iC, \" hereinafter referred to as the "provider," u.:> 'I'; '~::, ~ ~>, (II -0 U'J C; ~ .I The parties agree: I. The Provider Agrees: 0:'. - A. To provide services according to the conditions specified in Attachment B. Federal and State Laws and Regulations 1. If this contract contains federal funds, the provider shall comRly with the provisions of 45 CFR, Part 74, and other applicable regulations if specified in Attachment I , I 2. If this contract contains federal funds and is over $100,000, the provider shall comply with all applicable stanaards, 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 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 departmel'!t, 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 assigr,ments. 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 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 saie retention period. ( I ~I tl ( 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 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 verificatlon 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, I. 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 K. Return of Funds I 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 fu'nds 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. Unusuallnoldent 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. 2 .M. Transpoi Disadvantaged 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 c~ge 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 proIJider 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 assures 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 evenl 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 Dep~rtment Agrees: A, Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $ 36,284.73 ,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, 3 7/1187 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 oT County Commissioners Post Office Box 1980 Key West, Florida 33040 F, All Terms and COl'lditions Included This contract and Its attachments as referenced, ( I,II,III.IV,V and VI 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: LARRY S. JORDAN TITLE: TITLE: PROGRAM ADMINISTRATOR DATE: DATE: FEDERAL 10 NUMBER: VF-59-6000749 /lP,.o5:'JC\f{~!) l1S TO FC\tr:;!ll 5 ,',?"";itp If) I'Y ,~~;C~,~/.. "'j: t