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Resolution 091-1981RESOLUTION NO. 91-1981 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 C-2 NUTRITION 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 C-2 Nutrition 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. (Seal) Attest: er BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor 4rmary7 APPROVO AS T4 MRM Alai SI,�RRSY. Iry , c •r.,.nP. y's UHk'B III C - 2 1E:[;.1 :1GE:':Cl' (1\ .\G i :;� F ?:; D.1I'O[: COUNT I E:S - U`:ITi D M' ;)ADI: CO[1.`;'i1', INC. AND. . Monroe County Rorird ol- County Commissioners THIS CONTRACT is entered into betr:ccn the ARE.', AGENCY ON :1GING FOR DADS ; MONROE COUNTIES - UNITED WAY OF DADE COUNTY, INC. , . hercina[ter rcfcrrcd to as the AREA AGENCY, and 1"lonroe County Board of County CorrmLissioners --- 1-ionroe County Nutrition Program hereinarter referred to. as the "PROVIDER". The Parties ajree: . I . T}ie PROVIDER agrees: A. To provide services accordin; 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 SO4 of the Rehabilitation Act of 1973, Nondiscrimination \ ainst the Handicapped, as amended (45 CFR, Part 84). 3. It is expressly understood that upon receipt of 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 45 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 amende'd�(33 USC 1251 et seq.). C. Audits and Records. 1. To maintain books,; records and documents in accordance with accouriting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the AREA AGENCY under this contract. ?. �o ;is;u'r`c th.r t`' r.hosc rccoruls -�h;r i l he sub i cct a""11 ti::1es to ir,,pcction , rC%' or audit by Ark"'1 \GE\:-t Y ar,d Depa rt::;cnt o f Plea 1 th and Rehab i 1 i t;rt ivC Scr,,,ccs, Statc of-FIortda, personncl and other personncl duly authorised 1)y t h o Dcp:Lrtment as wc11 as .hy F c d c r a 1 Personnel. 3. To maintain and file with the AREA AMNNCY such progress, fiscal, inventory and other reports as the AREA A=.CY may 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 4S CFR, Part 74.24(a), (b), and (c), Federal auditors and persons duly authorised by the AREA AGENCY shall have full access to, and the right to examine .an;>r of said material during said period. E. Monitorina. l.. To provide periodi.c progress reports, including data reporting requirements requested from the AREA AGENCY and/or Federal agencies. These reports will be used for monitoring progress or performance to determine conformity with intended program purposes. 2. To provid,-:'access to and to furnish whatever 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. 2. L 1;l!', l (2 , xTid a - to In 1 i'lh lc tor, .;11iks: sh:III in.lcr:rlii� , �tc�CflQ1 ;Lrld hol,l the AIZE-A A61'...NCY 11a?•:,r1c= ! ro::i ail i;I1;:;:•, `uit;, iMI. ITIent or da;:1:1,cs, includi'I court posts any! attorrlcv. Eces, arising out of the PROVIDER'S nog Ii-cilt acts 'or Urlllss•lorls 1n the course o£ the operation of this cofltract. G. Insurance. The responsibility for providing adequate liabilit), insurance coverage on a' comprehensive basis shall be that of the PROVIDER and shallbe, provided at all times during the existence of this ::ontract. Upon the execution of this contract, the PROVIDER shall furnish the AREA AGENCV 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 anv information concerning a,recipient of seiwices under this contract for any purpose not in conformity with the Federal and State regulations except on written consent oL' the recipient, or his responsible parent or guardian when authori red by la,...-. .I. Client Information. The PROti-IDER 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 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 the 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 AREA AGENCY .within thirty (30) days aftci, the termination of this contract. 3. tii ',RI:.I ,`l�l.�.�,i alld not oxpellded :Cr tllc c_na�ract yd scr­.-i.CCS ;I1:1 L 1 be Cons idcred AIZE.1 AGE:.C'i Cunds, and s1,_i I be returned to. the A['E \ .1GE""CY. Any hinds expended in violation of this contract shall be reCundcd in full to the aPUA AGLNCY, or is this contract is still in Force, shall be Withhold by the AREA AGENCY From any subsequent reimbursement request. II. The AREA AGENCY a;rces To -pay for contracted services according, to the condit�ions of Attac'nmcnt 1 in an amount not to bxcced S 19,640.00 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. Z . This contract shall end on .December 31, 1.981 B. Ter;;iination. 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 upon reasonable 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 availa.bil•ity of funds..:, 4. �. na1 I*r-aci.. S breach L5 CXcusCd, the AI',FA m:IV, I,%-. t..ri ttcn notice of brC"Ich to the P ROVIDI R, tCr:ain:i�Ec the contract. Termination shall be upon no less than twenty-Cont- (2-1) hours notice in writing delivered 5v cc.rtifiod mail, return receipt requested, or in person with prooIC oC delivery. Naivor.of breach of any- pro.ri.sion 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. C. Notice and Contact. The Contract 14ana;cr for the AREA AGENCY for this contract is LUIS M. BORGES. The representative of the PROVIDER responsible for the ad;ninistration of the program under this contract is George . Dolezal 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 repre- 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 this contract if Federal and/or State revision of any applicable lairs or regulations makes chanjes in this contract necessary. E. Name and Address of Payee. The name and address of the official payee to whom the p ayme n t shall be made: Monroe County BoaZ'd or County Cotnnissioners P.O. Box 1680, Key West,Flori.da F. All Terms and Conditions Included. This contract and its attachments as referenced, Attachment 1, Exhibit 1 , Exhibit 2 aarccd Upon by the parties. , contain all the terms and conditions S. 1n Afi• �1r1': lc�n; l �)ilt:l Lncd !lcr I it .diich .Irc not 1LI "ICCO1- dancc i, itIn' ;i" p L icz,hI Stag or 1lcr:11 L:Lb:ti ;111d r0 Li It ions ;Irc floe' 1 T i ed l Il :lc(: )rd;;1Ilc c .�, L t;l a d I;lbl (-)'I- I-C`11I L;I t loll: t[. Shcc la 1 Prop" Ls lonS . CO 5 IN- WIT\ESS WHEREOF, the parties hereto have caused this 7 page contract to be executed by their undersigned official as duly authorized. DATED: PP.O\ ID - / "AI :\G :0\ AGING FOR DADE C�Lt; COU\TIES - UNITED WAY By : . 0 = DADE COUNTY, INC. woe W Title: Mayor/Chairman.- t I3y• " Date: C�_'� :gl LUIS M. BORGES Title: DTRECTOR Attest: Uate: `Clerk '�. Sur•. ice., tc i�.� : cf;�icr.:�i: 1. 51 a 0Ll .'w"" l t::i C ion ? O I 1 (xh it i t �:��. ') af;,l :lny rC: i iufis tlicr'� to :lnpr0VOd h;: tiic :\REA .11;.i NCY' by p1iy,, Lcal attacil:lcnt -to this contract, is a part of this le;al aarccl:;ent and nrescrihes 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 _lnnlication for Title III Fur.din;, (Exhibit No% 2) . . C. Method of payment 1. Pay'men't shall be on an advance or reimbursement basis as prescribed by- i-IRS Manual 55-1, Title III and VII of the, Older Amcricans Act, (financial mana,cment) and any revisions thereto. 2. The PROVIDER agrees to carry out the Apnlication for Title III Fundin,; (Exhibit \o. 2) according to the distribution of funds as detailed in the AUnlication.for Title.III Funding, Bud Tot Su:�mary, (Exhibit D. \on -expendable Property: 1. prof: -expendable property is property which costs 5100.00 or more per unit and :•:hose life is expected to be in excess .of one'vear. 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 4S CFR, Part 74.139 (a) and (b). 3. At no timo shall the PROVIDER dispose of non - expendable property except with the permission of and .in accordance with instructions by -the AREA AGENCY. la. t!iis c 11tI-act, C11c ;a1n, er Shall i'L i1•ji`t)'•' tl t)r lid :l ::1:LI111� r LOfl� Ltitt IlC i l tll i?Otii ar,d t`i t% rc'�11 i:L C l071s . Sp cia1 P1'0v c1"S 1. Vie PROVIDER mid the AREA AGENCY agree to perform the SCI-viccs oC tllis cOntr:lct in accordance with all Federal, State 'ant .local lades, rules, regulations. and policies that pertain to Oldcr .American Act funds. 2. The PROI:IDER agrees to assess or collect no Fees from elig1`13.le clients Wit[lOLlt prior approval of the AREA AGENCY. 2a.