Resolution 088-1981• Jam`''"yd :.. .,
CO", T T'�\t"i BETIi
.,.REA AGENCY ON AGIN( l�,�l: DADE MONRO:: COUN"I'I::S-
UNITED WAY- 01' I':\uE: COUN.TY , INC.
A N D
Monroe County Board of County Commissioners - Monroe
County In -Home Services
THIS CONTRACT is entered into bctween tine AREA AGENCY
ON AGI.NC FOR DADE F, MONROE COUNTIES - UNITED WAY OF DADE COUNTY,
INC., hereinafter referred to as the AREA AGENCY, and Monroe County
Board of County Commissioners - Monroe County In -Home Services,
hereinafter referred to.as the "PROVIDER".
The Parties agree:
I. The ''ROVIDER agrees:
A. To provide services according, to the conditions
specified in Attachment 1.
B. Federal and State Laws and Regulations. -
1. To comF".)• with Title VI and VII, Civii :sights
act of 1964.
2. To comply with all the provisions of Section
".`=4 of the Rehabilitation Act of'1973, Nondiscrimination
^Jainst the Handicapped, as amended (4.5 CFR, Part 84"':.
3. It is expressly understood that upon receip-
cf substantial evidence of -such discrimination, the AREA
AGENCY shall ha�,e 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,
u regulations issued pursuant to the Clean Air Act as
.vended (.4-2, USC 1857 .et sed..) and the Fed-eral. Water
P_\llu.tion Control Act as amended (33 USC 1251 et. sec;.).
C. Audits and Records.
1. To maintain books,;records and documents in
accordance with accounting procedures and practices which
SlAfficiently and properly reflect all expenditures or
funds provided by the AREA AGENCY under this contract..
2. "[o assure th,'t tII, esc records s11a11 he Sul) Jcct
tirics to
inspection,- review
or audit I)v AREA
.:\_E��(•1
and Department
oL lle,llt}i and
RcliahLlltat %-c
Services, State of I`lorida, personnel and otlier personnel
duly authorized by the Department as well as by Federal
personnel.
3. To maintain and file with the ARE:1 AGENCY such
progress,.fiscal, inventory and other reports as the
AREA AGENCY may require within the period of this
. .. cony= act .
D. Retention of Records.
L. '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, including
data reporting requirements requested from the AREA
AGENCY and/or Federal agencies These reports will be
used for monitoring progr.ess'or performance to determine
conformity with intended program purposes.
2. To providc'access to and to furnish,whateve-1,
information is necessary to effect this monitoring.
3. To permit the AREA AGENCY to monitor the afore-
mentioned service program operated by the PROVIDER
according to applicable regulations of the Federal and
State governments.
0
Iilue:.^,ni Ica tiJn.
PR.OVIDL:lt 11 he Ii'1L1c, and J"re('S to he Iiai)lc
for, _1I1Ci ha1.1 inde1I1111i_-v defend, un(1 1101d the- .AREA AGENCY
harP110SS 1,0lil a Ll 1 1:11.M , SL11tS , j LIC1gIII C11tS or damagCS , 1nCILIU11111
court costs and ;lttornevs' fees, arising out of the PROVIDER'S
negli,eTlt acts or omissions in the course of the operation of
this contract.
G. Insurance.
The responsibility for providing adequate liability
insuranc:: 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 4S:CFR, Part 205.50, the PROVIDER shall not
us:; or disclose an..- information concerning a, recipient of
services under this contract for any purpose not in conforrlity
with the Federal and State regulations except on written consent
of the recipient, or his responsible parent or guardian when
authorised by lai...
.I. Client Information.
The PROVIDER shall submit to the AREA AGENCY mana-gement
and prcoram data, including client identifiable data, as deemed
essential by the AREA AGI\'CY for inclusion in the Client
Information System.
J. Assignments of Contracts.
The PROVIDER shall.not assign the responsiblity of this
contract -to another party without prior written approval of l:he
AREA AGENCY.
K. Financial Reports.
• To provide periodic financial reports to the AREA AGENCY
as specified in Section III, Paragraph G. A final expenditure
report will be made. to the ARE:k AGENCY within thirty (30) days
after the termination of this contract.
3.
r
the AR'r:.\ .1G1:�.(� ,1RC[ not ox[)C rldcd for
the c,o•?itrac t�'d sere. is s sha 11 i)e cons idcred.:\RI .\ AGT `;C'i funds ,
anal slha.11 be returned to talc AREA AGENCY. Any funds expended
in iolation of this contract sha11 be refunded in full to the
AREA AGE`:C`I', or if this contract is still in force, shall be
withhe.lL: by the AREA AGENCY from any subsequent reimbursement
request.
I1 . Till; AREA AGENCY agrees:
To pay For contracted services according to the conditions
of Attacl;;gent l in an amount not to exceed $ 83, 000. 00
III. The PROVIDER and AREA AGENCY mutually agree:
A. Effective Date..
1. This contract shall begin on April 1, 1981 .
or the date on which the zontract has
been signed by both parties, whichever is later.
2. This.contract shall end on December 31, 1981
B. Termination.
1. Termination.
This contract may be terminated by either party
upon no less than thirty (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.
In the event funds to finance this contract become
unavailable, the AREA AGENCY may terminate the contract
uponreasonable n.,'tice 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.
4.
. M
�. rl'lt;LOn tcr.!'rcaL:ll.
' Un1c�s
the
1,loik'II)!: S 4reacli
is excused, tale
l �l:N%l H111VI
h%
lCrLtto[I notice of
breach to the
1'[?0k tl'E[1
torm'1.n;Ito the Contract. Termination shall be upon no
loss than twonty-four (2,1) hours notice in writing
dclivorcd 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
constrl.lcd to be'a modification of the terms of the
contract.
C. Notice and Contact.
The Contract Manager for the AR17A AGENCY for this contract
is LUIS `4 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 or
this contract, notice of the name and address of the new repre-
sentatiti-e will be rendered in writing to the other party and said
notification attached to originals of this contract.
D. Ren6gotiation 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 lazes or regulations makes changes
in this contract necessary.
E. Name and Address of Payee.
The name and address of the official., payee to whom the
payment shall be made: Ge(Lrge Do]eza1, Chairman, MQnroe'County
Board of County Commissioners, P.O. Box 1680., Key West, Fla. 33040
F. All Terms and Conditions Included.
This contract and its attachments as referenced,
Attachment I, Exhibits No. 1 and 2
agreed upon by the parties.
), contain all the terms .and conditions
S.
ica t.ib1u 1.
:ail\'• 1)rn` s c)n c0ritaino(1, horeiil whiCh :irC nOt ii1 ;LCCOi''-
dallco with Statc or Ted-cral Laws ant! rC TLl1 ltions :ire
MOd 1. r icci i n ;ICC0rd LAIC Iv. i t!l sa ld laws or rcgu l a t ions .
iI. Spocial Provisions.
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IN WITNESS WHEREOF, the parties here.to have caused this
? page contract to be executed by their undersigned official
as duly authorized.
PP.OV ER: EA xC'7NCY 0\ .ACING FOR DADE
i� 99,k�'�E COU\TIES - UNITED WAY
By : I= DADE COUNTY, INC.
Title: _ Mayor/Chairman
F� .
Date: �,`1 °�� LULS M. IORGES
Attest:
'itic: 1),IP.EC"I01:
Clerk Date:
d
7.
'1. Sci- ices to .lie rciidcl'c�i:
1. I;he attached :'1t�;�lication Cor Tits:. [[I Fiirlds,
(I:xliil;it No. _) anal any revisions tlicrcto approved by the :1REA
AGE\CY, }).y physi'caI attacli,acnt .to . this contract, is a part of
this. legal a;rccrrcnt and .prescribes the services to be rendered
by the PROVIDER.
B. Manner of service provision:
1. The services will be provided in the manner consistent
with anu as described in the Application for Title III Funding,
(Exhibit Not. 2)
C. Method of payment:
1: Payment shall be on an advance or reimbursement basis
as prescribed by HRS Manual 55-1, Title III and VII of the Older
Americans :'act, (financial management) and any revisions.thereto.
2. The PROVIDER ag'rees to carry out the Application for
Title III Funding, (Exhibit No. 2) according' to the distribution
of funds as detailed in the Application for Title III Funding,
Budget Su,7mary, '(Exhibit No. 1) .
D. Non -expendable Property:
1. Non -expendable property is property which costs
$100.00 or.more per unit and i;hose life is expected to be in
excess of one year.
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 inven-
toried annually, and an inventory report shall be submitted to the
AREA AGENCY annually with updates as property is obtained. Dis-
position of non -expendable property sha11 be in conformance with
4S CFR, Part 74.139 (a) and (b).
3. At no time shall the PROVIDER dispose of non-
ex.pendable property except with the permission of and in accordance
with instructions by the AP.EA AGENCY.
la.
4, Upon norminarion K OALS ccntract, the saij property
shall ho dhposcd K in a manner cons klont with both F Yderal
and S-, to refill lat ions.
Special Provisions:
1. The PROVIDER and the AREA AGENCY agree to perform
the services of this contract in accordance with all Federal,
Statcand local laws, rules, regulations and policies that pertair,
to OldcT American Act funds.
2. The PROVIDER agrees to asscqs or collect no fees from
eligiblo clichts without prior approval of the AREA AGENCY.
4
2a.