Resolution 159-1982
" _...r__..
RESOLUTION NO. 159 -1982
RESOLUTION AUTHORIZING THE 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 COM-
MISSIONERS CONCERNING THE MONROE COUNTY SOCIAL
SERVICES TRANSPORTATION PROGRAM (PROVIDER AGREE-
MENT - $30,464.19).
BE IT RESOLVED BY THE BOARD OF COUNTY C01~1ISSIONERS OF MONROE
COUNTY, FLORIDA, AS FOLLOWS:
That the 11ayor and Chairman of the Board of County Commis-
sioners of 110nroe County, Florida, 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, concerning the
Monroe County Social Services Tranposrtation Program (Provider
Agreement - $30,464.19).
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 28th day of June, A.D. 1982.
BOARD OF COUNTY COl1MISSIONERS
OF ,MONROE COUNTY, FLORIDA
By r~~/~':ta1t~
(Seal)
At te s t '. RAlPn w. ~lIITE. CLERK
~~ \'1\. r'~l\)'~
C erk
APPROVED AS TO FORM
AND, ~sp SUFFICIENCY. .J
~. ~
BY ~~- ~,jUy/
. 0ffit:6 . ,
h
l'};DEHl\L f"JHDS
FIXED PHiCE
CONTIU\CT BE'J.'\'lEl::N
STATE OF FLORIDA
DE,Pl~!lT11ENT OF HEALTH AND REHABILI'l'1\TIVE SERVICES
7' .
AND
, ,
'Mcnroe County Board of County Commissioners
THIS CONTRACT is entered into between the:' State of Floor:iduj
.
Depaitrnent of Health and Rehabi~it~tive Services, hereinafter
referred to as the "D2partment", and
-Mnm:Qp. County ~('lQa 1 S.e.DLke~_....
T'raus~l:.t.aJ:.i.on Program
, .
, hereinafter.referred to as the "Providern.
The Parties agree:
"
.
I. TIle Provider Agrees:
"
h. To provide serviae~ ~ccording to the conditions specified
'\
in l'..tt~chment 1.
" .
"
B. Federal and State Laws ~nd Regulations,
1. To compl'y with -Title VI and VII, Civilni.<J~~s 1\ct 0':
, ,
'..- .'.
. .. .
, "
1964.
~ ( .
,. "
..' 1:'
2. If the amount of this contract ~s over $10,000, the
Pl:ovider shall comply with Executive Order 1J.2<5,
.
, '
entitled "Equal Enployment Opport.u.."1ity, Ii as .J.r;1.e:'1d~d
by Executive Order 11375, aAd as supplemented ~~
Department of Labor Regulat.ions .{41 CFR: Pa,rt (0).
, "
3. To comply with all the provi.sion::> of Secti.on 50~ of
the- Rehabilitation Act ~f 1973, N6ndiscrlminatio~
"
~g-:"~~ ~~e' H~n~:r~I)ned ~o am^~ded {4~ CP~
-.I. a.....Jo...:Ji\... L.... ... "--... -___-',;.. 'f <....._ .~..l ~_ _....4\.,I
Pe.r.t 84 ~ .
4; Itis expressly understood that upon receip~ of sub~
star.tial evidence of such discrimination,t.he. Dcpart-
~,,-,ment shall have the right to t'2!:~T.in<:1'te' this cont,::zlct
C>>
for brcuch.
5. To comply with the provi~ions of 45 CFR~ Part 74.
6. If the ~mount of this contruct is over $100, 000. the
.'
Provider shall comply with ~ll applicable standards~
. .
. .
.....
....
("1
. .
04/01/82
~,
':
orders, or retjulLltion~ issued pursuant to the Clean
.Air Act as amended (42 use 1857 at seq.) and the
Federal Water Pollution Control Act as mnendcd (33
use 1251 et seg - ) -,
~ ' -
c. Audits and Records'
1. To maintain 'books, records and docl.lme'nts in accord-
ance with accounting procedures and practices which
"
sufficiently and. properly reflect all expenditures
of funds provided by the Department under this contract.
"
2. -To assure thclt these records shall be subject at all
times to inspection, review, or audit by State Per-
sonnel and other personnel duly authorized by the
Department, as well as by Federal personnel.
< .
3. To maintain and file with-the Depart.ment such progress,
.
fiscal, inventory and other repor~s as the Deparoncnt
may r"equire Wi thin, the period of thi~ contract.
- -,"
4.
To include these af9~mentioned audit and ~ecords keep-
ing 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 Ch&pter
119, F.S., and made or received by the Provider in
--conjunction with this contract. It is expr~ssly under~
.stood that upon receipt of substantial evidence of the
': .,
'.
Provider',s refusal to comply with this provision, t~..e
Department shall have'the right to terminate th~3
contract for bredch.
-D. Retention of Records
. .
1. To retain all f inanci.:\l records, supporti ng doc~:ncn ts,
statistical records, and:any other documdnts pertinent
to this contract for a p':lriod of five (5) years after
,tcrmin.:ltion of'this contract, or if iln audit has been
~.~-'.10 ,', ;.,. '. ~". "_... -,. -
-. '.' .'. ~...
, .
. .
...
~"
-2-
t /',
<'
o.j / U J,/ iJ ~
, ,
initi,:lb..::d ond ~lU(L.it fiIldings have not been resolved at
t ..., .... ..'
ii.,__: "CJ1'U () f five C5), year s, the records shall be r,c-
tained until resolution o~. the audi t fiI1dings. "
2:. Pur5"l).u~nt to 45 CPR, Part 74.24 (a), (b), and' (d),
. .
~
Fedi.,~::!C:1.l audit:,:O;lS 'and persons duly au,thorized by the
Depc-Itnrent SfIlIll have full access to, and the right to
exwninc any of said materials during said period.
E. Moni tor'irrg
.
1. To provide progress reports, including data reporting
.-
re(quirements at least bi-monthly, unless othenV'ise
.....
sp(~cified in Section III, Paragraph G, requested from
the Depar,tment and/or Federal agencies. These reports
wi11 be used for monitoring progress or performance to
~ . determine conformity with intended program purposes.
2. ~To provide access to, or to furnish, whatever in~orma-
tion is necessary to effect this monitoring.
#I
3. To permit the Dep~rtment to monitor tbe aforementioned
-
service program operated by the Provider or subcon-
'. ,
tractor ~ccording to. applicable regulations of the
Fe(ieral and State governments.
Said monitoring will'
iJlclude access to all client records.
,.
F. Indemnification
~he Provide~ shall be liable, and agrees to be liable for,
. and shall indernnify, defend, and hold the Department harrn-
less f:co:l11 all claims, suits, judgements or'.damages, in-
cluding court CQsts and'attorn~ys fees, arising out of
negligence or omission by the Provider in the course of
fhe operation o~ this contract.
G. Insuramce
.
. ,
The res;rpol1:.::;i bi Ii ;t::.r for providing adequu te liabili ty in-
surance CG''''''l'I:"uge :cm a comprehensive basis shall be that
I'!)f the PTovitler and ~hull be provi.ded at all times during
tl'le
..
I~X i ~ L.,~ He": l.:
Upon lho execution of
of thi~ contrd~t.
....
.........;. ;....-~ ~"; -......,,,-.
..... -".", ... ...... .-.'
, '
'. .
.~
~..
-)-
1"._
t
I
0:1/0 .1 / U 2
this con tract, the Provider shall furnish the Dcp~rtInen t:
with written verific~tion of the existence of such insur-
ancc CO\lCr ~ge.
H.
Safcgudrding rriformation
,!
Pursuant to 45 CFR, Part 205.50', the Provider shall not
. . ..
use or disclose .any information concerning a recipient of
sel~iees under this contract for any purpose not in con-
.
fo.:rmity with 'the Federal and State regulations except on
written con,sent of "the recipient, or his responsible
pare!lt or guardian when' authorized by law.
.I. Client Information
.
The Provider shall submit to the Department management
,.
and program data, including client identifiable data,
as deemed essential"by the Department for inclusion in
the"HRS Client Information System.
,J.
Assignment ,of Contracts
. I
~he Provider shall not assign the responsibility of this
V'
contract to another party without prior written approval
. of the Department. ,No such approval by the DeparL~ent
of any contract shall be deemed. in any event or in any
Banner to provide for the inc~rrence of any obligation
of the Department in addition to the total agreed up~n
dollar amount of this contract.
~)
~"
t \,/
II.
K. Financial Reports "
To provide f~nancial reports to the Depa~tment at least
,bi'-monthly, unless otherwise specified in Section III,
paragraph G. A final expenditure report wilL be made to
"_the Department within forty-five (45) days after the
termination etof this contract.
L.
Subcontracts
. .
The Provider shall not enter ~nto subcont~acts for any of
the work contemplated under this contract without obt.J.in-
lng prior wri ttcn approv.J.l. of the Dep.J.rtmcnt.
All
.. -' '.:. .. ...-.. ~.....
. .
......
....
-4-
-, ,
,~
<I,:
Bubcol1trdcl~ ::;11.111 be subject to such conditions of
thir; contrdct: and uny concli. tion:.; of approval that the
Dcpar.t,;'l,Cnlt: .shilll deem necessary.
" .
'.
!1:~. The Dcpa:.:-t:nejn t Agrees:
, ,
-"
'~To pay X-01.7 xontract serviGcs according to the condi tions of'
Attaclnnent l in an amount not to exceed $
IIlL. The Provider and Department Mutually Agree:
A. Effective Date
.
1. This contract shall begin on
July 1, 1982
or the date on which the contract has been signed by
-
toth parties, which ever is later:
. 2. This contract shall end on
June 30, 1983
B. Temination
1. Termination at Will
~
:.This contract may be terminated by either party upon
.
no less than thirty (30r days notice, without
causei 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
. -
unavailabl~1 the Department may terminate the contract
upon no less than twenty-four "(24) hours notice in
,
:writing to the Provider. Said notice shall b~ delivered
by certified mail, returnrecei~t regy~sted, or in per-
son \'lith proof of delivery.. The Department shall be
the final,authority as to the availability oE funds.
.
3.
Termination for Oreach
- - U~lcss the Provider's breach is waived by the Depart-
, .
tme'n ,t in w r i tin g ,
the Department may"by written notice
, .
to bIle Provider, termin.J.te this contract upon no less
than twenty-four (24) hours notice.
Said notice shall
-.
b~ deliveied by curtified m~il, return receipt
;-
. ....~. ~. ..-'" ".-~. ,,.~.
-5-
. .
.....
.......
~',
"
04/01/02
I
]"! ...ted, or. in person wi th proof of deli very. If
applicable, the Depilrt.ment.may employ t.he default
.
~
, ,
J;l:ov,isions in Ch.~l'pter IJA-I, Florida Administrative
CODe. Waiver QT ~reach~of any provision of this
'c~!,,ntract 5ha:11 not be deemed' to be' a waiver of any
-
'o~her breacb and shall not be construed to be a
IrOdi.(ication of the terms of this contract. The pro-
"
visions her.~in do not limi t the Department I s right.
t:o remedies at law or to damages.'
C. Notice and Co~tact
The Contract Hanager for the Department for this contract
.is
Concepcion Lopez
The representative
-:
of th~ Provider, responsible for the administration of the
d h . .. 0 L To'rre
prog::ram un er.t ~s contract ~s LOU1S e a
, *
In the event that different rep~esentatives are qesignated
by either party after execution of this cqntract, notice
, of ~le name and address of the new representative will be
,
rendered in writing to the other party and said notifica~
tioD attached to originals of this contract.
D. Renegotlation or MOdification
.'
f
.
,Modifications of provisions of this contract shall only
. be valid when tney have been reduced to writing ar.d duly
signed. The parties agree to renegotlate this 'contract '
if Federal and/or State revision of any applicable laws,
:i:eguL:~~ti6ns or. budget, alloc~tions makes cha.nges in this
contract necessalY. The Department shall be the final
.authorlty as to t~e availability of funds for thii cqn-
tract due to Federal and/or State revisions of any
applicoble la~s, r~g~lations, or bu~ge~ allocat1ons.
E. Name and Address of Payee
The name and ~ddrcss of the official payee to whom the
, payment shZlll, be mauc: Monroe Cou~ty Boa;d of County Commissioners
- .
Poo. 'B~x 1680 ,-1680 Key We~t, Florida 33140
.
.. ""'''~~' ~~. ~'.' ~- ..- ~ -...;...a~r.-,,'-'_ '_' ~:':.'-'"p".., _ ",', _.:" ~..,.... . .''"' .~.., .
. .
,.,
~..
-6-
NJOl/82
F. All Terms and Conditions Included
This contract and its attachments as referenced,
(Ap,pJ.icBtion :for P\]r~hll!'lp. of" t:;p.1"vi ('12'$ rereto sttaoned.
), contain all the terms and conditions
agreed upon by the parties.
G. Special Provisions
I. To comply with all applicable Federal and State Licensing standards and all
other applicable standards, criteria and guidelines established by the Department.
2. Services to be Rendered:
Transportation Services as described in the State of Florida Title XX Compre-
hensive Annual Services Program Plan.
3. Reimbursement will be based on the following rates:
Local trip............................................... $ 2.50 one way
Midway trip.............................................. 10.00 one way
Long Distance trip....................................... 20.00 one way
4 . Eligibility
Reimbursement shall be made only for those expenditures incurred in the provision of
eligible services to eligible clients. Eligible services are those services specified
in Attachment I of this contract and in the current State of Florida Title XX Pre-
Expenditure Report. Client eligibility will be determined in the manner defined in HRS
Manual 195-1, Title XX Eligibility Determination Manual. The Department, unless otherwise
specified in the contract, shall determine client eligibility and furnish the Provider
with said determinations. The Provider shall furnish, upon request, such information as
may be required to verify that client eligibility was determined in accordance with
Departmental requirements.
5. Grievance and Fair Hearings Procedures
The Provider will utilize a system through which clients may present a request for a
fair hearing. The preliminary procedural requirements for the fair hearing system must
be compatible with the Department's fair hearing system, outlined in HRS Manual 195-1.
The Provider will notify applicants or recipients of their right to a fair hearing due
to ineligibility for services or termination, suspension or reduction of services. The
Department will make arrangements to provide such a hearing through its fair hearing
process.
6. Fees
No fees shall be imposed other than those set by the Department and described in
the current State of Florida Title XX Pre-Expenditure Report. Fees co~lected in com-
pliance with the aforementioned report will be disposed of in a manner prescribed by
the Department.
-7-
.. .
I
IN \iJTNLSS lllmi:OF, the p;ll'ties hcrdu have caused this 5":<""
P:ll:C c(,qtr:\ct tu be executed hy their lIIJdersjgll('d oCricial:i ;J~; tllllt :luthorized"
1'IWV rnm:
STATE OF F ].(JIUlJ/\
DLPfdnJ,ILNT OF IIEALTJ] AND
nUIAIH LITATIVE SEl~V lCLS
?#~~
E. Dolezal, ~yor
BY:
I:(j(;'/(", ,,0f't "
I
I
TlTL!~ .
George
TITLE:
DISTRICT An~,IINTSTRi\TOR
~ (30 /o~'/
{
DATi::
June 28, 1982
n M nU ,~~ ,;,r~,~:n:1~, ~L~R:{
M!.rn ~~. "II ~:.~. ~2 \;
ATTEST~q;rI[t'LY ~. p~
DATi:: ,
(Jc,
I
~
~ ,"7 ,
c_--r;~C-Rd. ~.u-<.../
/' CONTRACT MAN/\
DATE:
c/JCJ/i 2-
/ /
G) '-~-
CONTRACT AD;,j:fj"J I STRATOR
DATE:
\...' ~ 0 ;," J-..--
-8-
ATTM:JII.jU-.J 1 1
A.' '~~1anager and LOl..d.l..LVll of Service Provisions:
. "
Transportation Services will be provided to clients living
lng to proposal referred to as Attachment I to this contract.
8:00 a.m. to 5:00 p.m. Monday through Friday.
in Monroe County accord-
Program hours will be from
Bo Definitions of Property: Property means equipment, fixtures, and other tangible per-
sonal propeery of nonconsumable and nonexpendable nature, the value or cost of which is
$100 or more and the normal expected life of which is one (1) year or more, and hardback
covered books, the value or cost of which is $25 or more.
C. The contract may be renewed for 12 months. The renewal is contingent upon adequate
performance evaluation done by programmatic and financial staff and subject to the avail-
ability of funds.
Method of Payment: Fixed-Price Contract
a) Payment:
The Department shall make payment to the provider for a total dollar amount
of $ 30,464.19 (or a total dollar amount not to exceed $30,464.r9 ), sub-
ject to availability of funds.
b) Payment Schedule:
Payment shall be made in (monthly, quarterly, etc.) amounts requested on the
invoice submitted by the provider, as long as that payment is requested for a specific
number of units of service, which do not either by themselves or cumulatively by
totaling units of service on previous invoices exceed the total number of units of
service allowed by the contract; as the rate stipulated in the contract.
The provider must maintain records documenting the total number of reclplents and
names (or unique identifiers) of recipients to whom services were provided and the
date (s) of the services were provided so that an audit trail documenting service
provision can be maintained.
From the provider the Department must receive the final invoice for payment no more
than forty-five (45) days after the contract ends or is terminated; and if the pro-
vider fails to do so, all right to payment is forfeited, and the Department will not honor
any requests submitted after the aforesaid contract endso Any payment due under the
terms of this contract may be withheld until all evaluation and financial reports
due from the provider, and necessary adjustments thereto, have been approved by the
Department 0
The:M.C1B.C. Proposal is Part of the contract agreement, therefore the
changes to be made to this Proposal must be resubmitted to the Department
within 15 calendar days after the effective date of the contract and
must be received and approved by the Department.
-1-