Resolution 044-1982RESOLUTION NO. 44 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE A CONTRACT BY AND BETWEEN AREA AGENCY
ON AGING FOR DADE & MONROE COUNTIES UNITED WAY OF
DADE COUNTY, INC. AND MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS FOR NUTRITION PROGRAM III-C-1
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MON-
ROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Contract
by and between Area Agency on Aging for Dade & Monroe Counties
United Way of Dade County, Inc. and Monroe County Board of County
Commissioners for Nutrition Program III-C-1, a copy of same being
attached hereto.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida at a regular meeting held on the 26th day
of January, A.D. 1982.
(SEAL)
Attest:
ler
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
M r C airman
8y
Qa etransrs,o...
Attarney's Offirs
CONTRACT #: 82-1-08
TITLE: III-C-1
CONTRACT BETWEEN
AREA AGENCY 01-1 AGING FOR DADE & MONROE COUNTIES -
UNITED WAY OF DADE . COU;ITY, INC,
AND
AGENCY: Monroe Co Board of Commissioners
PROJECT: Nutrition Program
THIS CONTRACT IS ENTERED INTO BETWEEN THE AREA AGENCY
ON AGING
FOR
DADE & MON ROE COUNTIES -
UNITED
WAY
OF DADE
COUNTY,
INC.,
HEREINAFTER REFERRED TO
AS
THE
AREA
AGENCY,
AND -Monroe Co. Board Qf Commi—
sinners/ Nutrition
Program
HEREINAFTER REFERRED TO AS THE "PROVIDER".
THE PARTIES AGREE:
I. THE PROVIDER AGRE :
A. TO PROVIDE SERVICES ACCORDING TO THE CONDITIONS
SPECIFIED IN ATTACHMENT 1.
B. FEDERAL AND STATE LAwS AND REGULATIONS.
1. To COMPLY WITH TITLE VI AND VII, CIVIL RIGHTS
ACT of 1964.
2. TO COMPLY WITH ALL THE PROVISIONS OF SECTION
504 OF THE REHABILITATION ACT OF 1973, NONDIS-
CRIMINATION AGAINST THE HANDICAPPED, AS
AMENDED (45 CFR, PART 84),
3. IT IS EXPRESSLY UNDERSTOOD THAT UPON RECEIPT
OF SUBSTANTIAL EVIDENCE OF SUCH DISCRIMINATION,
THE AREA AGENCY SHALL HAVE THE RIGHT TO
TERMINATE THIS CONTRACT FOR BREACH,
4, TO COMPLY WITH THE PROVISIONS of 45 CFR, PART
74.
5. TO COMPLY WITH ALL APPLICABLE STANDARDS,
ORDERS, OR REGULATIONS ISSUED PURSUANT TO THE
CLEAN AIR ACT AS AMENDED (42 USC 1857 ET
SEQ.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT AS AMENDED (33 USC 1251 ET SEQ.).
TO MAINTAIN BOOKS, RECORDS AND C ANTS IN
ACCORDANCE WITH ACCOUNTING PROCEDURES AND
PRACTICES WHICH SUFFICIENTLY AND PROPERLY
REFLECT ALL EXPENDITURES OF FUNDS 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 OF HEALTH AND
REHABILITATIVE SERVICES, STATE OF FLORIDA,
PERSONNEL AND OTHER PERSONNEL DULY AUTHORIZED
BY THE DEPARTMENT AS WELL AS BY FEDERAL
PERSONNEL.
3. TO MA I IJTA I N AND FILE WITH THE AREA AGENCY
SUCH PROGRESS, FISCAL, INVENTORY AND OTHER
REPORTS AS THE AREA AGENCY MAY REQUIRE WITHIN
THE PERIOD OF THIS 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 THREE (3) YEARS AFTER TERMINATION
OF THIS CONTRACT, OR IF AN AUDIT HAS BEEN
INITIATED AND AUDIT FINDINGS HAVE NOT BEEN
RESOLVED AT THE END OF THREE (3) YEARS, THE
RECORDS SHALL BE RETAINED UNTIL RESOLUTION OF
THE AUDIT FINDINGS.
2, PURSUANT TO 45 CFR, PART 74.24 (A), (B), AND
(C), FEDERAL AUDITORS AND PERSONS DULY AUTHORIZED
BY THE AREA AGENCY SHALL HAVE FULL ACCESS TO,
AND THE RIGHT TO EXAMINE ANY OF SAID MATERIAL
DURING SAID PERIOD.
E. MONITORING.
1. TO PROVIDE PERIODIC PROGRESS REPORTS, INCLUD-
ING DATA REPORTING REQUIREMENTS REQUESTED
FROM THE AREA AGENCY AND/OR FEDERAL AGENCIES.
THESE REPORTS WILL BE USED FOR MONITORING
PROGRESS OR PERFORMANCE TO DETERMINE CONFORMITY
WITH INTENDED PROGRAM PURPOSES.
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C, (0 1'I'OV t DI ACLLSS TO AND 10 f Uf;(J 1 �fl ',JIiA I E:'Jkr,
INFORMATION IS NECESSARY TO EFF ;HIS
MONITORING.
3. TO PERMIT THE AREA AGENCY TO MONITOR THE
AFOREMENTIONED SERVICE PROGRAM OPERATED BY
THE PROVIDER ACCORDING TO APPLICABLE REGULA-
TIONS OF THE FEDERAL AND STATE GOVERNMENTS.
F. INDEMNIFICATION.
THE PROVIDER SHALL BE LIABLE, 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
THE PROVIDER'S NEGLIGENT ACT OR OMISSIONS IN THE COURSE OF
THE OPERATION 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.
PURSUANT TO 45 CFR, PART 205.50, 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 FEDERAL AND STATE REGULATIONS 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 IDENTIFIABLE DATA, AS
DEEMED ESSENTIAL BY THE AREA AGENCY FOR INCLUSION IN THE
CLIENT INFORMATION SYSTEM.
J. AssIGNMENTS OF CONTRACTS
THE PROVIDER SHALL NOT ASSIGN THE RESPONSIBILITY OF
THIS CONTRACT TO ANOTHER PARTY WITHOUT PRIOR WRITTEN APPROVAL
OF THE AREA AGENCY.
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K , F I_jd_A II C Illy RLP O RI_5 ,
TO rnuv I DE PERIODIC FINANCIAL REPORTS TO Tht tAi\CA
AGENCY AS SPECIFIED III SECTION III, PARAGRAPH G. A FINAL
EXPENDITURE REPORT WILL BE MADE TO THE AREA AGENCY WITHIN
THIRTY (30) DAYS AFTER THE TERMINATION OF THIS CONTRACT.
L. , RETUR'-t-QF-f UNDa.
ANY FUNDS PAID BY THE AREA AGENCY AND NOT EXPENDED FOR
THE CONTRACTED SERVICES SHALL BE CONSIDERED AREA AGENCY
FUNDS, AND SHALL BE RETURNED TO THE AREA AGENCY, ANY FUNDS
EXPENDED IN VIOLATION OF THIS CONTRACT SHALL BE REFUNDED IN
FULL TO THE AREA AGENCY, OR IF THIS CONTRACT IS STILL IN
FORCE, SHALL BE WITHHELD BY THE AREA AGENCY FROM ANY SUBSE-
QUENT REIMBURSEMENT REQUEST.
H. THE AREA AGENCY AGREES:
TO PAY FOR CONTRACTED SERVICES ACCORDING TO THE CONDI-
TIONS OF ATTACHMENT 1 IN AN AMOUNT NOT TO EXCEED:
TITLE III-B $
TITLE III-C-1 $ 149,4S2
TITLE III-C-2 $
USDA $
III. THE PROVIDER AND AREA AGENCY MUTUALLY AGREE:
A. EFFECTIVE DATE,
1. THIS CONTRACT SHALL BEGIN ON 1/l/82 OR
THE DATE ON WHICH.THE CONTRACT HAS BEEN
SIGNED BY BOTH PARTIES, WHICHEVER IS LATER.
2. THIS CONTRACT SHALL END ON 12/31/82
B. TERMINATION.
1. TERMINATION.
THIS CONTRACT MAY BE TERMINATED BY EITHER
PARTY UPON NO LESS THAN (30) DAYS NOTICE PURSUANT
TO THE PROCEDURES OUTLINED BY THE OLDER AMERICANS
ACT, NOTICE SHALL BE DELIVERED BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, OR IN PERSON WITH PROOF
OF DELIVERY.
2. TERMINATION BECAUSE OF LACK OF FUNDS.
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e
IN THE EVENT FUNDS TO FINANCE THIS CONTRACT
"ECOME UIIAVAILABLE, THE AREA AGEKY MAY TERM INATE
THE CONTRACT UPON' REASONABLE NOTICE IN WRITING TO
s
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 EXCUSED,
THE AREA AGENCY MAY, BY WRITTEN NOTICE OF BREACH
TO THE PROVIDER, TERMINATE THE CONTRACT. TERMINATION
SHALL BE UPON NO LESS THAN TWENTY-FOUR (24) HOURS
NOTICE IN WRITING DELIVERED BY CERTIFIED MAIL,
RETURN RECEIPT -REQUESTED, OR IN PERSON WITH PROOF
OF DELIVERY. 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 THE CONTRACT.
C. NOTICE AND CONTACT,
THE CONTRACT MANAGER FOR THE AREA.AGENCY FOR THIS
CONTRACT IS LUIS M, BORGES . THE REPRESENTATIVE
OF THE PROVIDER RESPONSIBLE FOR THE ADMINISTRATION OF THE
PROGRAM UNDER THIS CONTRACT IS George Dolezal
IN THE EVENT THAT DIFFERENT REPRESENTATIVES ARE DESIGNATED
BY EITHER PARTY AFTER EXECUTION OF THIS CONTRACT, NOTICE OF
THE NAME AND ADDRESS OF THE NEW REPRESENTATIVE WILL BE
RENDERED IN WRITING TO THE OTHER PARTY AND SAID NOTIFICATION
ATTACHEDTOORIGINALS OF THIS CONTRACT,
D. RENEGOTIATION OR MODIFICATION.
MODIFICATIONS OF PROVISIONS OF THIS CONTRACT SHALL ONLY
BE VALID WHEN THEY HAVE BEEN REDUCED TO WRITING AND DULY
SIGNED. THE PARTIES AGREE TO RENEGOTIATE THIS CONTRACT IF
FEDERAL AND/OR STATE REVISION OF ANY APPLICABLE LAWS OR
REGULATIONS MAKES CHANGES IN THIS CONTRACT NECESSARY.
E. NAMEAND_ADDRESS�'OF PAYE -
THE NAME AND ADDRESS OF THE OFFICIAL PAYEE TO WHOM THE
PAYMENT SHALL BE MADE; George Dolezal, Chairman of
the Board of Monroe County Commissioners
P.O. Box 1680 Key West,-Fl. 33040
T 14TRACT AND ITS ATTACHMENTS AS REFER, �TACHIjEIJTS
1 AND 2 ), CONTAIN ALL THE
I
TERMS AND CONDITIONS AGREED UPON BY THE PARTIES,
G. MODIFICATION TO APPLICABLE LAW,
ANY PROVISIONS CONTAINED HEREIN WHICH ARE NOT IN ACCORDANCE
WITH APPLICABLE STATE OR FEDERAL LAWS AND REGULATIONS ARE
MODIFIED IN ACCORDANCE WITH SAID LAWS AND REGULATIONS.
H. SPECIAL PROVISIONS.
1, THE PROVIDER AND THE AREA AGENCY MUTUALLY
AGREE TO RENEGOTIATE AND AMEND THIS CONTRACT
TO REDUCE THE AMOUNT TO BE PAID FOR SERVICES
TO BE RENDERED BY THE PROVIDER PURSUANT TO
THIS CONTRACT SHOULD IT BECOME NECESSARY DUE
TO REDUCTION IN THE AMOUNT OF AVAILABLE STATE
AND/OR FEDERAL FUNDS, THE AREA AGENCY SHALL
BE THE FINAL AUTHORITY AS TO THE AMOUNT OF
FUNDS AVAILABLE FOR THIS CONTRACT.
2, THE ALLOCATION OF $ 149,452 MAY BE MODIFIED
IN MARCH, 1982, BASED ON A REVIEW OF THE UNIT
COSTS, PROJECT PERFORMANCE, AND CARRY—OVER
FUNDS,
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS
6 PAGE CONTRACT, PLUS ATTACHMENTS, TO BE EXECUTED BY THEIR
UNDERSIGNED OFFICIAL AS DULY AUTHORIZED.
PROVIDER
SIGNATURE:
NAME:
LEASE RINT
TITLE:
DATE: 1/1/82
AAA-33
12/22/81
AREA AGENCY ON AGING FOR
DADE & MONROE COUNTIES -
UNITED WAY OF DADE COUNTY, I1C ,
SIGNATURE:
LUIS M. BOKES
TITLE: DIRECTOR
DATE: 1/1/8
I me
qM
p
A. SERVICES TO B_E�PJDCf�ED :
I. THE ATTACHED APPLICATION FOR TITLE III FUNDS,
(ATTACHMENT N0, 2) 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,
1. THE SERVICES WILL BE PROVIDED IN THE MANNER CONSIS-
TENT WITH AND AS DESCRIBED IN THE APPLICATION FOR TITLE III FUNDING,
(ATTACHMENT N0, 2),
C. METHOD OF PAYMENT:
1. PAYMENT SHALL BE ON AN ADVANCE OR REIMBURSEMENT
BASIS AS PRESCRIBED BY HRS iMANUAL 55-1, TITLE III OF THE
OLDER AMERICANs ACT, (FINANCIAL MANAGEMENT) AND ANY REVISIONS
THERETO.
2. THE PROVIDER AGREES TO CARRY OUT THE APPLICATION FOR
TITLE III FUNDING, (ATTACHMENT N0, 2) ACCORDING TO THE
DISTRIBUTION OF FUNDS AS DETAILED IN THE APPLICATION FOR TITLE III
FUNDING, BUDGET SUMMARY.
D. NON -EXPENDABLE PROPERTY:
1. NON -EXPENDABLE PROPERTY IS PROPERTY WHICH COSTS
$100.00 OR MORE PER UNIT AND WHOSE LIFE IS EXPECTED TO BE IN
EXCESS OF ONE YEAR.
1A.
2. ALL SUCH PROPERTY SHALL BE.L'ISTED ON THE PROPERTY
RECORD BY DESCRIPTION, MANUFACTURERS MODEL NUMBER, SERIAL
NUMBER, DATE OF ACQUISITION AND UNIT COST. SUCH PROPERTY
SHALL BE INVENTORIED ANNUALLY, AND AN INVENTORY REPORT SHALL
BE SUBMITTED TO THE AREA AGENCY ANNUALLY WITH UPDATES AS
PROPERTY IS OBTAINED. DISPOSITION OF NON -EXPENDABLE PROPERTY
SHALL BE IN CONFORMANCE' WITH 45 CFR,.PART 74.139 (A) AND
(B) .
3. AT NO TIME SHALL THE PROVIDER DISPOSE OF NON -
EXPENDABLE PROPERTY EXCEPT WITH THE PERMISSION OF AND IN
ACCORDANCE WITH INSTRUCTIONS BY THE AREA AGENCY,
4. UPON TERMINATION OF THIS CONTRACT, THE SAID PROPERTY
SHALL BE DISPOSED OF IN A MANNER CONSISTENT WITH BOTH FEDERAL
AND STATE REGULATIONS.
SPECIAL PROVISIONS;
1. 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 AMERICAN ACT FUNDS.
2, THE PROVIDER AGREES TO ASSESS OR COLLECT NO FEES
FROM ELIGIBLE CLIENTS WITHOUT PRIOR APPROVAL OF THE AREA
AGENCY,
AAA-33A
12/21/31