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Resolution 151-1981I RESOLUTION 151 - 1981 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BY AND BETWEEN THE AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF DADE COUNTY, INC. AND MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ,-ONROE 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 and 1,1onroe Counties - United Way of Dade County, Inc. and Monroe County, Florida, for food commodities under the Nutrition Program for Senior Citizens. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of May, 1981. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY_ FT.nRTnA (SEAL) Attest: By -Lg r. 0 _ �DA 81-6-06 - CONTRACT BETIVEEN AREA AGENCY ON .AGING FOR DADE e, MONROE COUNTIES- U11:ITED, 1%AY 01 DADE COUNTY, INC. AND MONROE COUNTY NUTRITION PROGRAM FOR SPNTOP CITIZENS 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 ,in NROF, Cn[TNTY NT1_TRTTION PROGRAM FOR SFNTnR CITIZENS � hereinafter referred to as the "PROVIDER". The Parvies agree: I. The PROVIDER 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 SO4 of the Rehabilitation.Act of 1973, Nondiscrimination Against 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. 5. To comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 USC 18S7 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1251 et sea.). C. Audits and Records. 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. ,11s1-:1i' u that these records shall be subject at all = Le i�cct'Lon, review or audit by AREA AGENCY and Dcp;irtricrnt of Health 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 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 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 progress or performance to determine conformity with intended program purposes. 2. To provide 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. F. Indcr;n i Cical[ i.on. The PIZOVIUI:I: sha t l be liab 1e, and agrees to be liable for, and shall indcmrii[y, (JeCond, and hold the AREA AGENCY harmless from all claims, suits, judgments or damages, including court costs and attorneys' fees, arising out of the PROVIDER'S negligent acts or omissions in the course of the operation of this contract. ` G. Insurance. The resi)onsibility for providing adequate liability insurance 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 45 CFR, Part 205.50, the PROVIDER shall not use or disclose any inform—ation concerning a recipient of. services under this contract for any purpose not in conformity with the Federal and State regulations except on written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information. The PROVIDER 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 after the termination of this contract. 3. ,a. L. Retur Any fun�>> _ .t i,I L ,. the A!'EA AGENCY and not expended for the. contracted he considered ARE:\ AGENCY funds, and shall be returned to the AREA AGENCY., Any Funds expended in violation of this contract shall be refunded in full to the AREA AGENCY, or if this contract is still. in force, shall be Withheld by the \REA AGENCY from any subsegiicn.t reimbursement request. II. The AREA AGENCY agrees: To pay for contracted services according to the conditions of Attachment 1 in an amount not. to exceed $ 14,441.95 III. The PROVIDER and AREA AGENCY mutually agree: A. Effective Date. �. This contract shall begin on 2. This contract shall end on B. Termination. 1. Termination. QCT. 1, 1980 JUNE 1, 1981 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 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. 4. J. Terr:i1nat Lon Ior Breach. Unless the !'ROVIDL'R'S breach is excused, the AREA AGENCY may, by i%ritteri 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. 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. C. Notice and Contact. The Contract Manager for the AREA AGENCY for this contract is LUIS M. BORGES. The representative of the PROVIDER responsible for the administration of the program under this contract is LOUIS LATORRE, 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 laws or regulations makes changes in this contract necessary. E. Name and Address of Payee. The nameandaddress of the official payee to whom the payment shall be made: MONROE COUNTY NUTRITION PROGRAM FOR SENIOR CITIZENS F. All Terms and Conditions Included. This contract and its attachments as referenced, ( ATTACHMENTS I & II ), contain all the terms and conditions agreed upon by the parties. S. C. %todI11icarinn to :applicable Law. Any pro,,-; s; --oilta incd here in w}iich are not in accor- dance with applic:ihLe 5t,itc or Federal laws and regulations are modified in accordance ;kith said lai..,s or regulations. If. Special I'r-ovisions. SEE ATTACHMENT II IN IVITNESS WHEREOF, the parties hereto have caused this 6 page. contract to be executed by their undersigned official as duly.authorized. DATED: PR V DER: Monr e County, Flori a AREA AGENCY ON AGING FOR DADE $ MONROE COUNTIES - UNITED WAY By: OF DADE COUNTY, INC. Ti le: Mayor F Chairman of th oar 0 oun y ommissBy; Da LUIS M. BORGES Attest* Title: DIRECTOR _..Date: erk 0 USDA 1'L"t'ACEI`tENT I A. Services to be Rendered: 1. The Area Agency will provide for the purchase of U.S. produced agricultural and other food commodities of at least .4725 per meal for used of Title III nutrition projects operating under Title III approved contracts for nutrition services with the Area Agency. B. `fanner of Service Provision: 1. The services will be provided in a manner consistent with the Title III Plan of Action of the Area Agency 0 2 3 — 8, 8 1 - 2 - 0 8 as approved by contract # 81 1-08 C. Method of Payment: 1. Subject to the availablity of funds, payment shall be on a monthly reimbursement basis, with one-half(2) of the reimbursment withheld for the last three(3) months of the contract period, pending the adjusted final release of cash by the U.S.D.A. Reimbursment will be at the rate of ,4725 per meal served. M USDA - A77AC:::•?`ivT II Special Provisions: The Area Agency assures that USDA funds received by Title III r nutrition projects under contract with. the Area Agency shall be used by them solely for the purchase of United States agricultural co=odities and other foods produced in the United States for use in their nutrition project operations. 2. The Area Agency assures that USDA funds received by Title III nutrition projects under contracts 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 ecual in value to the per -meal cash payment received from the USDA. 3. The Area Agency assures that USDA funds will not be used to sun -clang or replace any other funds used by Title III nutrition projects. �. The Area Agency shall comply with 7 CFR, Part 250 (Donation of Foods for Use in United States...). 5. The Department 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 USDA. cash Payments and the Older Americans Act.