Resolution 090-1981RESOLUTION NO. 90 -1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A 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. FOR TITLE III - B
TRANSPORTATION PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
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 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 Title III - B Transportation Program.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of April, A.D. 1981.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 7-,01 001&4 ;
Mayor airmol
(Seal)
Attest: -�
1 � /
APPROVED A5 TO FORM
A1y4} GAL SIltiff)VCY.,.,
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C'2 T 31E"I
.':RE:\ AGENCY ON AGI`:c, DADE it '40NROF COUNTIES -
UNITED WAY 017 D:\DE COUN-['1' , INC.
AND
Monroe County Board of County Commissioners - Transportation
Program
TFNIS CONTRACT is entered into between the AREA AGENCY
ON AGING 1-`OR DADE $ MONROE' COUNTIES - UNITED WAY OF DALE COUNTY,
IN''., he--cinafter referred to as the AREA AGENCY, and Monroe County
Board.of County Commissioners - Transportation Program ,
hereinafter referred to`as the "PROVIDER".
The Parties agree:
I. The PROVIDED. agrees:
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, Nondiscrimination
Against the Handicapped, as amended (45 CFR, Part 84).
3. It is expressly understood that upon receipt
o= 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. 4S CFR, Part 74.
S. 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.)
C. Audits and Records.
1. To maintain books,;records and documents in
::ctordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures. of
Funds provided by the AREA AGENCY under this contract.
To assure tha t" Lllcse records sha 1 L be sub) i ect
-I--a11 ti:�cs to inspection,. rev`ie:•: or audit by :AREA
1GE\(''i and Ucpart;acnt ol. fLealth and Rehabilitative
services, State oL 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 mav'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 authorizzed by the ARE.
AGE\CY 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
:-,GENCY and/or Federal agencies. These reports will be
used for monitoring progress,or.performance to determine
conformity with intended program purposes.
2. To providc'ac.ceSs to and to furnish whatever
information is'necessary to effect this monitoring.
'3. -To permit the AREA AGE�N'CY to monitor the. afore-
mentioned service program. operated by the PROVIDER
according to applicable regulations of the Federal and
Sate governments.
2.
IndCr^;niii�ati n.
D1:a,rccs to he 1 ial;lc
tor, tl'rtd ha11 indC1,11 CV dCtend, and hold the ARLA AGENCY
har,;rlcss from a . CIaIT S suits, Ud mcnts or dafrla'-'CS, including
count .costs. ;uld attorricy"s , gees , a r 1 s ink out of the PROVIDER � S
nc It cnt acts or omtssions in the.cour'so of the operation of
this contract.
G. Insurance.
The responsibility for providing adequate liability
insuv nce coverage on a comprehensive basis shall be that of the..
PROI'IDE?'. and shall be .provided at all times during the existence
of this 'ontract. 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 inforniution concerning a,recipient of
services under this contract for any purpose not in conformity
wi;.h the Federal and State.regulations except on written consent
of the recipient, or his responsible parent or guardian when
authorized by lal•:.
'I. Client Information.
The PROVIDER s}Yall 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 r:esponsiblity of this
contract to another party without prior written approval of the
AREA AGENCY.
n. Financial Reports.
To provide periodic f-inancial reports to the AREA AGENCY
as specified in 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.
3.
L tUI'i.i o 1'l1ilC =
\n\' tur„ls ,):tfle .\IIEA .\GFNCY ,Ind net cxl)cild(d Cor
talc �_pAtract��d scr% is ,s h:l 11 he cons idcr�d :1IZC.1 \GI:`:C1" Cunds ;
an:l shill be retur:lcd to the : PEA AGENCY. Any .funds expended
in violation of this contract shall be rcCundcd in full to the
AF\E:\ AGE`�CY, or if this•contract is still in force, shall be
ltiichlleld by the :\I:E.\ AGENCY from any subsequent reimbursement
reilues t .
I I . The AREA AGENCY a -roes :
To -pay for contracted services accordina. to the conditions
of Attachment l in an amount not to exceed ; 55,404.00.;
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 contract has
been signed by both parties, whichever is later.
?. This contract shall end on December 31, 1981
B. Termination.
1. Termination.
This contract may be terminated by either part),
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 terininate the contract
upon reasonable nu'tice in writing to the PROVIDER. Said
notice shall be de -livered by certified mail,.return
receipt requested, or in person with pro.of of delivery.
The AREA AGENCY shall be the final authority as to -the
availa-bility.of funds.
4.
J. ICI::1n:!,tlt?ll
f}reac.II Is
excused, the Al\"FA
C(i%-lay f)v
i riLtell .lot,
cc of, breach
to the
1:0I.1111.11;?tc, tflc
contract.
Termination
shall be upon no
less than twenty-Eour 2.1 flours notice in writing
deli�•ercd by certified mail, return receipt requested,
or in person i�ith 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
consrued.to be'a modification of the terms of the
contract.
C. - Notice and Contact.
The.Contract Manager for the AREA AGD CY for this contract
is LUIS M. BORGES. The representative of the PRO17IDER responsibl_,
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
th-s contract, notice of the name and address of the new _rep e--
sentative will be rendered in writing to the other party and said
notification attached to originals 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 thi.s 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.
The name and address of the official, payee to whom the
payment shall be made: George Dolezal;'Chairman, Monroe County
Board of County Commissioners,. P.O. Box 1660, Key West, Fla. 33Q4C
F. All Terms and Conditions Included.
This contract and its attachments as referenced,
Attachment I and Exhibits No 1 and No 2
), contain all the terms and conditions
agreed upon by the parties.
S.
�!�l111cabLc Lat%
:�Il`•'' provisLOII� COilt,lLIIC 1lc_cirl. which :irc [lot In :1cLor-
ith :I!y!11ic.11)1c Stag or Fed-;ra1 1awS ;Irld rc LlI Itions ;Lrc
�!ano.0, ,p
MOLHticcl in ;lccor(-1,Lncc ltiith sai.d LLWIS or resrllations.
11. Special Provisions .
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IN WITNESS WHEREOF, the parties hereto have caused this
7 page contract to be executed by their undersigned official
as duly authorized.
DATED':
P; Cv`I wit : �C�': C1' ON AGING FOP. DADE
%01i� O G,.��
F,v]'ONROE COUNTIES - UNITED WAY
By: ADE COUNTY, INC.
Title: _ Mayor/Chairman
Date: I LliLS ,�]. I>I�RGES
Attest:
Titic: DII:ECTOf:
C er` Datc:
\. SurvIccs to he rendered:
1. = "Ihc attac;ted A!-) For "FLtle I[I Fund�,
(Cxhibi.t yand ;in%• rcvltiions thereto approved by t5c :1Rf-*a
AGENCY, by physical attaciunent to this contract, is a part of
this lc0a1 agreement and p-rescribcs the services to be rendered
by the PROVIDER.
B. Manner of service provision:
1. The services will be provided in the manner consistent
with and as described in the Annlicatio.n for 'Tit le III Funding,
(Exhibit No% 2) .
C. Method of payment:
1. Payment shall be on an advance or reimbursement basis
as prescribed by HRS Manual.SS-1, Title III and VII of the Older
Americans Act, (financial management) and any revisions thereto.
2. The PROVIDER agrees 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 Surimary, (Exhibit No. 1).
D. Non -expendable Property:,
1. Nor. -expendable property is property which costs
$100.00.or more per unit and ivhose 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 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 accordant)
with instructions by -the AREA AGENCY.
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�1'J11 tell 111:1'IJ11 UL coilti'act the sal�l property
sha 1 1 1)c JJs.po.2d 01 i11 :1 ,:I;Inncr co.rl:= is tent W L th. both Fcdera1
.and �•i,at re" 11, tions.
Speci;Il Provisions
I. The PROVIDER and the AREA AGENCY agree to perform
t}:c scr•.ices of this contract in accordance with all Federal,
State and local lay.s, rules, regulations and policies that pertain.
to 01�gr American Act funds.
2. The PROVIDED, agrees to assess or collect no fees from
eli ib.le clients without prior approval of the AREA AGENCY.
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