Resolution 157-1982
r->-
'....... ....
..
RESOLUTION NO. 157-1982
RESOLUTION AUTHORIZING THE CHAIRl1AN OF THE BOARD OF
COUNTY COt~1ISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A CONTRACT BY AND BETWEEN THE AREA AGENCY ON
AGING FOR DADE & MONROE COUNTIES/UNITED WAY OF DADE
COUNTY, INC. AND THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS/MONROE COUNTY IN-HOME SERVICES.
,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida is hereby authorized to execute a
",.
Contract by and between the Area Agency on Aging for Dade & !1onroe
Counties/United Way of Dade County, Inc. and the Monroe County
..
Board of County Commissioners/Monroe County In-Home Services, 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 ~~d iG~d held,pn
the 28th day of June, A.D. 1982.
(Seal)
A .,
BOARD OF COUNTY CO~1ISSIONER~ ~
OF ~1~O"NROE J COUNTY, FLORIDA r
By ~LZ, '~..,:'.../-4l1.
- 0 r 7 uman : ......... ''t> "
L"
...
...
Attest: r:F\~ ~~~ 'H ".~~~1Tr ~''C':0~'
ilhL. ~'i ,~'~. J Gfi l Lt uLLi'~l
1\~\O'~ ~Y).I~.o,1t
, (j Clerk
.
1
we,.
.
.....
APPftOVED.4$ m f{'!.f?r.~'!/
'~. , :~-'<W~
. ~' """~(!.JI""''':'''i''/
c,..., !..t.,;
(.'J f '. ....:.~~. . \~ "
Atto.tnfif". Offit>> " ,
.
CONTRACT "n~ 5-09
TITLE: CCE
G L:\ E ;", ~.\ L F\ E-,'; E:,:C c:
CONTR~CT BETWEEN
AREA AGENCY ON AGING FOR Dl'\DE & MONROE C,OUNTIES/
UNITED WAY OF DADE COUNTY, INC.
AND
MONROE COUNTY BOARD OF COUNTY COMMISIONERS/
MONROE COUNTY IN-HOME SERVICES
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 County Board of
County Commi s i oners , hereinafter referred to as the "PROVIDER." The Parties
agree:
~
1.
The Provider Agrees:
A. To provide services according to the conditions specified in
Attachment 1.
B.
Federal and State Laws and Regulations
'~~,~ " [',
To comply with Titles VI and VII, Civil Rights Act of 1964. '". ," c ..
~"".)
"
1.
2.
To comply with all the provisions of Section 504 of the
Rehabilitation Act of 1973, Non -discrimination Against the
.,..
"
, -
3.
Handicapped I as amended (45 CFR, Part 84).
It is expressly understood that upon receipt of substantial
evidence of any such discrimination, the Area Agency shall
have the right to terminate this contract for breach.
A
f,
'ow
..~
4.
To comply with applicable parts of the Florida Statutes and
State regulations promulgated for administration of the
Community Care for the Elderly Act, Chapter 410 Florida
Statute.
5. To comply with all applicable standards, criteria, and
guidelines of the Aging/Adult Services Progrom, and any
other applicable guidelines or criteria established by the
Deportment of Health and Rehubilitative Services, State of
Florida.
'. "
.'- ."\~dits ar;,~ ~CCC~~::3
1, To m.1in tJin books, records and documcn ts in JccordJncc wi rh
accounting procedures und practices which sufficiently and
properly reflect u1l expenditures of funds provided by the
Area Agency under this contruct.
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 RehJbilitative Services, State of Florida,
personnel and other personnel duly authorized by the
Department, as well as by Federal personnel.
3. To maintain 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.
4. To include these aforementioned audit and recordkeeping
requirements in all approved subcontracts and assignments.
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 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. Persons duly authorized by the Area Agency shall have full
access to, and the right to examine any of said materials
during said period.
E. Moni toring
1. To provide periodic progress reports, 'including data
reporting requirements requested by the Area Agency and/or
State and Federal agencies. These reports will be used for
monitoring progress or performance to determine conformity
wi th in tended program purposes.
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
services program operated by the Provider or subcontractor
-..)-
I
accorci....;q to aprliC','lbl!~ requlJtions of the St-1te ~lovernmcnt.
511id monitonng \\'tll include access to ail client records.
F. IndemnifiCiltion
The Provider sholl be lii.lble, and ugrees to be liJble for, and shilll
indemnify, defend, .:md hold the Area Agency harmless from all
claims, suits, judgements or dumages, including court costs and
attorneys fees, arising out of the Provider's negligent ucts or in
the course of the operation of this contruct.
G. Insurance
The responsibility for providing adequa te 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 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 HRS 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.
K. Financial Reports
To provide periodic financial reports to the Area Agency as
specified in Community Care Financial Management guidelines. A
final expenditure report will be made to the Area Agency within
thirty (30) duys after the termination of this contract.
c::....:~,-:~:-:~~.:::..::
The Provider shJll not enter into subcontrJcts for Jnj' of the work
contcmp!.Jted under this contrLlct without obtaining prior written
approval of the Area Agency. All subcontructs shull be subject to
such conditions of this contruct und to uny conditions of approvi11
that the Area Agency shall deem necessary. The Provider will be
responsible for the performance of any subcontractor.
M. Return of Funds
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. Such 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 subsequent payment request.
N. Service Reports
To furnish the Area Agency with a service report on the
effectiveness of the program and include statistics and data on the
number of persons served and such other reports and information
that the Area Agency may require. Said reports shall be made as
requested from the effective date of this contract and in a format
provided by the Area Agency.
II. The Area Agency Agrees:
To pay for contracted services according to the conditions of Attachment I
in an amount not to exceed $207,141.00.
III. The Provider and Area Agency Mutually Agree:
A. Effective Date
1. This contract shall begin on July 1, 1982 or any later date on
-
which the contract has been signed by both parties.
2. This contract shall end on June 30, 1983.
B. Termination
1. 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
:-:--'~>:':~'.~ ~J..:.."~ :\:-I""J .....r;r:;:c:: s~~1! b.; t~!-:~ ~::::! ,;~~t~8:"ir../ .;5 "0
the JV,lILlbilit'/ o~ fll::ds,
')
~.
TerminJ lion for 8reJch
Unless the Provider's breach IS excused, the Area Agcncy
mJY, by wri tten noticc of hrcach to thc Provider, terminu te
thc contr<lct. Termin.1tion shull be upon no less th.1n twenty-
four (2<1) hours notice in writing dclivered by certified muil,
return receipt rcqucs tcd, or in person with proof of
delivery. . Waiver of breach of any provision of this contract
shull not be deemed to be a waiver of any other breach and
shull not be construed to be a modification of the terms of the
con tract.
C. Notice and Contact
The Contract r.lanager 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 Dol eza 1
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 attached to the originals of this contract.
D. Renegotiation or Modification
rvrodification 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. Name and Address of Payee
Monroe County Finance Department
PO Box 1680
Key West, Florida 33040
F. Technical Assisttlnce
The Area Agency will provide technical assistance to the provider
agencies.
."..1 ,....-..'t'........"I''''""'~~~..-~...........,.t.''''''"............~'''',.,...............,~":......,''''...'i_.".~. __. ',_ ~ -1' ~,
-6-
G. All Terms an::l Ccnditi():1s Included
This contract and ilts attuchments uS referenced (Attachment I, and
I
Attachment II) contain all the terms and conditions agreed upon by
the parties.
IN WITNESS THEREOF, the parties hereto have caused thi~ 8 page
contract to be executed by their undersigned officials as duly authorized.
PROVIDER
AREA AGENCY ON AGING
FOR DADE & MONROE COUNTIES;
UNITED WAY OF DADE COUNTY
BY: ~~g'~
BY~C~r
TITLE: Mayor/Chai~man
TITLE: Oi rector
DATE:
AAA-10
6/16/80
.
t,., .-,,~ ?r - ,,' .;;...
DATE:
July 1, 1982
Attest:
'----,-_.-
l~cn~rJi >~._t~.~~.U2
CCi7L~~::l t"J9 l:"jr2 for t;:c E:l~~rl'i
ATT;\CII:--IDJT
A. Services to be Rendered:
1. The ;Jttached Community Core for the Elderly ^pptication (^ ttachment !l),
hereinafter referred to as the "Application," 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 Apolication (Attachment II).
C. Method of Payment:
1. Subject to the availability of funds, the Area Agency shall reimburse the
Provider for no more than a total dollar amount of $ 207 ,141*for
expenditures made in accordance with an estimated budget attached in the
Application. ' The Area Agency shall reimburse the Provider on the basis
of monthly invoices, submitted in quintuplet, or other method agreed
upon by the parties.
2. Said funds shall consist of $207,141* in State General Revenue which must
be matched with cash and/or in-kind of $23p015 contributed by the
Providers to be used in the provision of the aforementioned services to
those eligible under the standards of eligibility set forth in the Community
Care for the Elderly Act.
3. The Provider's contribution will be made in the form of cash and/or in-
kind resources equalling at least 10% of the actual cost. The Provider's
contribution referred to as local match must be received by the Providers ,
prior to or simultaneously to the receipt of funds from the Area Agency.
The Area Agency shall verify the receipt of local match as directed by the
Department of Health and Rehabilitative Service of the State of Florida.
4. The Provider must submit the final invoice for reimbursement to the Area
Agency no more than thirty (30) days after the contract ends or is
terminated; and if the Provider fails to do so all right to be reimbursed is
forfeited, and the Area Agency will not honor any request submitted after
the aforesllid agreed-upon period. Any payment due under the terms of
this contract mllY be withheld until all evaluation and fintlncial reports due
* Maintenance 152,659.46
Expansion 54,481.54
- Total 207,141.00
... l~~.. ~".4i"""'", "'I,;'~.". ..............~-,*~h!4'.................. "',",,~,""~''''''',,' ~lo't"'-", ,~,~ Ij, .' .'~ ~'" I;', f. .
, -8- '
from the Provicier, und neccssClry adjustrr.cnts therct:>. h<1ve been
approved by the Area Agency.
5. The Providcf agrees to carry out the distribution of funds as detailed in
the Budget Summary contained in the Application (Attachment II).
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 e~cess of one year or more.
2. All such property shall be listed on the property record by description,
manufacturer's 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 eFR, Part 74.139 (a) and (b).
3. At no time shall the Provider dispose qf 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.
E. Financial Management Guidelines:
1. The Provider will follow requirements and guidelines set forth in HRSM
55-1 except when otherwise specified by the Area Agency.
F.
CONDITION OF AWARD
1. Acceptable grant application approved by Program and Fiscal. ~ V11 ~
i~
AAA-lOa
6/16/80
'------,-,