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Resolution 275-1983 'Q 11111 Social Services Department RESOLUTION NO. 275 -1983 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN OFFICIAL CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF DADE COUNTY, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, . is hereby authorized to execute an Official Contract by and between the Board of County Commissioners of Monroe County, Florida, and the Area Agency on Aging for Dade & Monroe Counties - United Way of Dade County, Inc. , a copy of same being attached hereto, for the purpose of purchasing U. S. produced agricultural and other food commodities of at least $0 . 0275 per meal for use in Title III nutrition projects operating under Title III approved contracts for nutrition services. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held. on the 14th day of October, A.D. 1983. BOARD OF COUNTY COMMISSIONERS . OF MONROE COUNTY, FLORIDA By a V � ..�-� ay , airman . "/ (Seal) Attes ��� ������ ha �6iK ii �"PH IL ON. P �!, L6\Ckt1.60 o.c . Clerk i APPRO ED AS TO FORM AND AL SUFFICIE BY _ Attorney's Office' MEMORANDUM • • • TO KERMIT LEWIN DATE OCTOBER 12, 1983 COUNTY ADMINISTRATOR • I SUBJECT FROM. DEBBIE BARSELL, DIRECTOR4 J� AGENDA ITEM G-14 NUTRITION PROGRAM • fv I . LOUIS LATORRE, EXECUTIVE DIRECTOR . • DEPARTMENT OF SOCIAL SERVICES Attached is a modification of the contract for .additional U.S.D.A. dollars that is under consideration in agenda item G-14 (October 14th Commission • meeting) . This modification was received from the Area Agency on Aging • after our initial request for contract approval. We are requesting that this modified contract be approved. Thank you for your.._consideration. , DB/ld • • • • • • • • • • • • • • • • • • FORM IX • CONTRACT fl 83-6-08A TITLE : USDA PERIOD : 10/1/82-9/30/83 \S OFFICIAL CONTRACT THIS CONTRACT IS ENTERED INTO BETWEEN THE AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES — UNITED WAY OF DADE COUNTY, INC . , HEREINAFTER REFERRED TO AS THE AREA AGENCY, AND AGENCY : MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT: MONROE COUNTY NUTRITION PROGRAM HEREINAFTER REFERRED TO AS THE "PROVIDER" , THE PARTIES AGREE : I , THE PROVIDER AGREES : 1A. _ TO PROVIDE. SERVICES ACCORDING TO THE CONDITIONS SPECIFIED IN ATTACHMENT 1. 1B. FEDERAL AND STATE LAWS AND REGULATIONS , 1,B ,1, To COMPLY WITH TITLE VI AND VII , .CIVIL " RIGHTS ACT OF 1964, 1,B ,2, To COMPLY WITH ALL THE PROVISIONS OF SECTION 504 OF THE REHABILITATION ACT OF 1973, NONDISCRIMINATION AGAINST THE HANDICAPPED, AS AMENDED (45 CFR, PART 84) , 1,B ,3, • IT IS EXPRESSLY UNDERSTOOD THAT UPON RECEIPT OF SUBSTANTIAL EVIDENCE OF SUCH DISCRIMINATION, THE AREA AGE•dCY SHALL HAVE THE RIGHT TO TERMINATE THIS CONTRACT FOR BREACH . 1,B , 4 , To COMPLY WITH THE PROVISIONS OF 45 CFR, PART 74 . • -1-' • 1, 8 , 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 . ) . . 1, C . AUDITS AND RECORDS , 1 . C , 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 AREA AGENCY UNDER THIS CONTRACT, . 1, C.,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. 1. C , 3, TO ' MAINTAIN AND FILE WTTH THE AREA AGENCY SUCH • PROGRESS, FISCAL, INVENTORY AND OTHER REPORTS AS THE AREA AGENCY MAY REQUIRE WITHIN THE .PERIOD OF THIS CONTRACT . 1._C . 4,. . TO INCLUDE. THESE AFOREMENTIONED AUDIT AND RECORDKEEPING REQUIREMENTS IN ALL APPROVED SUBCONTRACTS AND ASSIGNMENTS , 1. C-. 5, To ALLOW PUBLIC ACCESS TO 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 CONTRACT. IT IS EXPRESSLY. UNDERSTOOD THAT UPON RECEIPT OF SUBSTANTIAL EVIDENCE OF THE PROVIDER'S REFUSAL TO COMPLY WITH THIS .PROVISION, THE AREA AGENCY SHALL . HAVE THE RIGHT TO TERMINATE THIS CONTRACT FOR BREACH. 1. C , 6 , A COMPLETE COMBINED FINANCIAL/COMPLIANCE AUDIT • WILL BE. ACCOMPLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF . HRSM •55-1, • • -2- { 1, D , RETENTION OF RECORDS , • • 1.D4 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 , 1 ,D ,2 , PURSUANT TO 45 CFR, PART .74 , 24 (A) , (B) , AND. (D),, 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 , ' 1, E, ' MONITORING , I, E, 1, TO PROVIDE PERIODIC PROGRESS REPORTS, INCLUDING FINANCIAL AND PROGRAM .DATA WHICH MEETS REPORTING REQUIREMENTS REQUESTED FROM. THE AREA AGENCY, THE DEPARTMENT OF HEALTH AND • • REHABILITATIVE SERVICES, STATE OF FLORIDA., AND/OR FEDERAL ' AGENCIES , THESE REPORTS WILL BE USED FOR MONITORING PROGRESS . OR PERFORMANCE TO DETERMINE. .CONFORMITY WITH INTENDED PROGRAM PURPOSES , 1,E,.2,.' To PROVIDE ACCESS TO AND TO' FURNISH WHATEVER INFORMATION IS NECESSARY TO EFFECT THIS MONITORING , To PERMIT THE AREA AGENCY TO MONITOR THE AFOREMENTIONED SERVICE PROGRAM OPERATED BY THE PROVIDER OR SUBCONTRACTOR ACCORDING TO APPLICABLE REGULATIONS OF THE FEDERAL AND STATE GOVERNMENTS , SAID MONITORING WILL INCLUDE ACCESS TO ALL • • CLIENT RECORDS , 1, E, 4 , ' PROVIDER WILL COMPLY WITH FISCAL/PROGRAM MONITORING REQUIREMENTS' AS ESTABLISHED IN HRSM .55-1 AND HRSM 115=1 RESPECTIVELY , . • 1,F , INDEMNIFICH__ : , THE PROVIDER . SHAL_ BE _.ABLE, AND AGREES TO BE LIABLE FOR, AND SHALL I NDEMN I = • , . D==ND, AND• HOLD THE AREA AGENCY HARMLESS_ FROM ALL CLAI '"S , S1:7S, JUDGEMENTS OR DAMAGES, • INCLUDING COURT COSTS =:':D A—DRNEYS ' FEES, ARISING OUT OF THE PROVIDERS NEGLIGE` — AC- DR OMISSIONS IN THE COURSE OF • THE OPERATION OF THIS ==NTRL:T , 1,G , INSURANCE • THE RESPONSIBILIT =OR : OVIDING ADEQUATE LIABILITY INSURANCE COVERAGE • ON .= 20M=EHENSIVE BASIS SHALL BE THAT OF THE PROVIDER AND SHALL -E /IDED AT ALL TIMES DURING THE EXISTENCE OF THIS COP! =.ACT , UPON. THE EXECUTION OF THIS . CONTRACT, THE PROVIDE; �HAL- FURNISH THE AREA AGENCY WITH - WRITTEN VERIFICATION C= THE E<ISTENCE. OF SUCH INSURANCE . COVERAGE , 1, H , SAFEGUARDING NFD=^.ATI ON , PURSUANT TO 45 CF- , PATS 205 , 50, 1321, 19' AND 1321, 161, THE PROVIDER SHALL NOT 'SE 2 DISCLOSE ANY INFORMATION CONCERNING A RECIPIENT .-= S=VICES UNDER THIS - CONTRACT- FOR •• ANY PURPOSE NOT IN CONE:RM " WITH THE FEDERAL AND STATE REGULATIONS EXCEPT ON ,i ITi_I CONSENT OF THE RECIPIENT, OR HIS RESPONSIBLE PARENT :R G.:aRDIAN WHEN AUTHORIZED BY LAW. • • • • 1, I , CLIENT INFOF .'T IO., ' • THE PROVIDER SHALL SUE!IT TO THE AREA AGENCY' MANAGEMENT .AND PROGRAM DATA, INCL"_-;IN� :LIENT IDENTIFIABLE DATA, AS DEEMED ESSENTIAL BY THE ARE-AGENCY . FOR INCLUSION IN THE CLIENT INFORMATION .SYST-M , . • • • _4_ 1 , J , ASSIGNMENTS 'QF CONTRACTS • THE PROVIDER SHALL-NOT ASSIGN ,THE RESPONSIBILITY OF • THIS CONTRACT TO ANOTHER PARTY WITHOUT PRIOR WRITTEN APPROVAL OF THE AREA AGENCY , NO SUCH APPROVAL BY THE AREA AGENCY OF • ANY CONTRACT SHALL BE DEEMED IN ANY EVENT OR IN ANY MANNER TO PROVIDE FOR THE INCURRENCE OF ANY OBLIGATION- OF THE AREA AGENCY OVER THE TOTAL AGREED UPON DOLLAR AMOUNT OF THIS - CONTRACT , . • . 1. K. FINANCIAL REPORTS , • THE PROVIDER AGREES TO PROVIDE AN ACCURATE, COMPLETE AND CURRENT DISCLOSURE OF THE FINANCIAL RESULTS OF THIS CONTRACT AS FOLLOWS ; ` 1, K, 1, To PROVIDE FINANCIAL STATUS REPORTS (SF 269) TO THE AREA AGENCY AS SPECIFIED IN HRS MANUAL 55-1, MANAGEMENT -OF THE OLDER AMERICANS ACT PROGRAMS , 1, K,2 . To SUBMIT A FINAL. INVOICE TO THE AREA AGENCY NO . MORE THAN 30. DAYS AFTER THE CONTRACT ENDS OR IS TERMINATED, FAILURE TO DO SO WILL RESULT IN THE FORFEITURE OF ALL. RIGHTS • • BY THE PROVIDER AND THE AREA AGENCY WILL NOT HONOR. ANY. REQUEST SUBMITTED AFTERTHE= AFORESAID, AGREED-UPON PERIOD, . 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 AS A PART OF • THIS CONTRACT, AND ANY ADJUSTMENTS THERETO . • • . 1, K, 3, To SUBMIT A CONTRACT CLOSEOUT REPORT TO THE AREA AGENCY AS SPECIFIED 'IN HRS MANUAL 55-1 , • LL, SUBCONTRACTS ALL PROVIDER SUBCONTRACTS .REQUIRE APPROVAL OF THE AREA AGENCY PRIOR TO FINAL EXECUTION , = - -5- 11111 1 ,NL . 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 RET.URNED _TO THE AREA AGENCY, IN ACCORDANCE • WITH THE AREA AGENCY ACCOUNTING PROCEDURES , ANY FUNDS EXPENDED IN VIOLATION OF THIS CONTRACT SHALL BE REFUNDED IN FULL TO THE AREA AGENCY, OR IF THIS CONTRACT IS STILL LN . FORCE, SHALL BE WITHHELD BY THE AREA AGENCY FROM ANY SUBSE- . .QUENT REIMBURSE°IENT' REQUEST FOR PAYMENT , III,. 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 $ TITLE II'I-C-2 $ . USDA '$ 1,923 . III , THE PROVIDER AND AREA AGENCY MUTUALLY AGREE : -III .A, : EFFECTIVE' DATE .. • • . III ,A, 1, THIS CONTRACT SHALL BEGIN ON 9/28/830R THE DATE ON • WHICH THE CONTRACT HAS BEEN SIGNED' BY BOTH PARTIES, WHICHEVER IS LATER , III , A 2 , -The service period . for this Contract is 10/1/82 through 9/30/83 , • .III , B , TERMINATION , . III , B , 1, TERMINATION' AT WILL, THIS. CONTRACT ,MAY. BE TERMINATED BY EITHER PARTY UPON NO LESS • THAN (30) DAYS. NOTI.CE,' PURSUANT TO 45 CFR PART 74; NOTICE SHALL' BE DELIVERED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, • OR IN PERSON WITH PROOF OF ' DELIVERY , r- • 11111 RENEGOTIATION OR OD I F i CAT I ON , 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 , - ' 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 AREA AGENCY, STATE AND/OR FEDERAL FUNDS , ' THE . AREA AGENCY SHALL BE THE FINAL AUTHORITY AS TO THE AVAILABILITY OF FUNDS• FOR THIS CONTRACT DUE TO FEDERAL AND/OR STATE REVISIONS OF ANY APPLICABLE LAWS, REGULATIONS, OR BUDGET ALLOCATIONS , III , E , NAME AND ADDRESS OF PAYEE , • THE NAME AND ADDRESS OF THE OFFICIAL `PAYEE TO WHOM .THE PAYMENT SHALL BE MADE : MONROE . 000NTY NUTRITION PROGRAM PUBLIC SERVICES BUILDING, WING III KEY WEST, FLORIDA 33040 • III , F , ALL TERMS AND CONDITIONS INCLUDED , . THIS CONTRACT AND ITS ATTACHMENTS AS REFERENCED, (ATTACHMENTS 1 AND 2 • ) , CO.NTAIN ALL THE TERMS AND CONDITIONS AGREED UPON BY THE PARTIES , III , 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 , ME • . T E .MINATION PJECAUSE 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 DELIVERY ., THE AREA AGENCY SHALL BE THE FINAL AUTHORITY AS TO THE AVAILABILITY OF FUNDS , III ;B , 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 , IF APPIrICABLE, THE. AREA- AGENCY MAY EMPLOY THE DEFAULT PROVISIONS IN CHAPTER' 13A-1, FLORIDA ADMINISTRATIVE . . CODE., 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. . THE PROVISIONS HEREIN DO NOT LIMIT THE AREA • AGENCY' s RIGHT TO REMEDIES AT LAW OR' TO .DAMAGES . . III , C, NOTICE AND CONTACT , • • THE CONTRACT MANAGER FOR THE AREA' AGENCY FOR THIS ' ' . • CONTRACT IS_JOSE R, FOX . , . THE REPRESENTATIVE . 'OF THE PROVIDER RESPONSIBLE FOR THE ADMINISTRATION OF THE PROGRAM UNDER THIS CONTRACT. IS LOUIS laTORRF , 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 ORIGINALS OF THIS CONTRACT , - . -7- T II CP�� T ' i PRovISIONS . III , H , 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 AMERICANS ACT FUNDS , III., H , 2 , THE PROVIDER AGREES TO ASSESS OR COLLECT NO FEES FROM ELIGIBLE CLIENTS WITHOUT PRIOR WRITTEN APPROVAL OF THE AREA AGENCY . III , H , 3, FEDERAL FISCAL YEAR FUNDING PROVIDED IN THIS CONTRACT IS SUBJECT TO SUBSTITUTION BY PRIOR YEAR' S CARRYFORWARD FUNDS IN ACCORDANCE WITH PROCEDURES IDENTIFIED. IN HRSf'l 55-1. THE AREA AGENCY HAS THE AUTHORITY TO RE-AWARD. TO THE PROVIDER CURRENT YEAR FUNDS DE-OBLIGATED BY THIS PROCESS , THIS PROVISION EXCLUDES,.SENIOR CENTER CARRY-FORWARD FUNDS . III , H . 4. TRAVEL RATES AND MEAL ALLOWANCES ARE REIMBURSED IN ACCORDANCE WITH RATES SPECIFIED IN THE APPROVED PLAN OF ACTION; AND MUST NOT EXCEED THE RATES ESTABLISHED BY THE DEPARTMENT, IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS 9 PAGE CONTRACT, PLUS ATTACHMENTS, TO BE EXECUTED BY THEIR UNDERSIGNED OFFICIAL AS DULY AUTHORIZED PROVIDER - --•.•.-_- AREA AGENCY ON AGING FOR (11 b , "--1 DARE & MONROE COUNTIES = SIGNORE, ✓✓d UNITED WAY OF DADE COUNTY, INC , NAME SIGNATURE : (PLEASE PRINT) DOSE R, FOX TITLE: TITLE : EXECUTIVE DIRECTOR; DATE : DATE : AAA-33 12/15/32 ATTACHMENT 1 A; Services..to be Rendered-: • 1 , The Provider will provide for the purchase of U . S , • . produced agricultural and other food commodities of at least $0 , 0275 per meal for use in Title III nutrition . - projects operating under Title III approved contracts . for nutrition services with the Area Agency , 2 , In the event that the final reimbursement rate established by the U . S . Department Of Agriculture is greater or less than the rate in Section A, 1 , above, then this contract shall be appropriately amended and the final • rate shall be effective for the entire contract period . B . Manner:of Service Provision : . The services- will be provided in a manner consistent with the Title III Application for Services of the. Provider as . approved by contract #83-1-08 . C; Method of Payment : Subject to the availability of funds, payment shall be on a reimbursement basis, with one half (1/2) of the reimbursement ($0 . 0275) withheld for the last three (3) months of the service . period, pending the adjusted final release .of cash by the U ,.S ,D , A, Reimbursement will be at the rate of $0 , 0275 per meal served . Reimbursement will be made under the terms .of this contract only for those meals served during the service period October 1 , 1982 through September • . 30, 1983, ATTACHMENT II • Special Provisions: • 1 . The Provider assures that U.S. D.A. funds received by the Title III nutrition projects under contract with the Area Agency shall be used solely for the purchase of United States agricultural commodities and other foods produced in the United States for use in their nutrition project operations. 2. The Provider assures that U.S. D.A. funds received by the Title Ill nutrition projects under contract with the Area Agency and who provide meals furnished under contractual arrangements with food service management companies, caterers, restaurants, or institutions, contain United States produced commodities or foods at least equal in value to the per-meal cash payment received from the U.S. D.A. . 3. • The Provider assures that U. S. D.A. funds will not be used to supplant or replace any other funds used by Title III nutrition projects. 4. The Provider and Area Agency agree to provide the services and implement the provisions of this contract in accordance with all Federal, State and local laws,. rules, regulations and policies that pertain to U.S. D.A. cash payments and the Older Americans Act. 5. 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.