Resolution 319-1981RESOLUTION NO.319 - 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO
EXECUTE A CONTRACT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, FOR MONROE COUNTY SOCIAL SERVICES 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 State of Florida Department of Health and Re-
habilitative Services, and the Board of County Commissioners of
Monroe County, Florida, a copy of same being attached hereto, for
Monroe County Social Services 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 3rc; day of November A.D. 1981.
(SEA-L).
Attest.
lerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 7 ,..
Mayor/Chairman -—
AP"PRO ED AS TO FOAM
ANi
L
CONURACT
STATE OF FLO)MA
33'BILITZ�TIVE, SERVICES
D)CPARTHENT Or IMALT3.1 _AND n-, A
MD
MONROE COUNTY BOARD bF COUNTY COMMISSIONERS
TUTS CONT-11ACT is emC-3--
intothe State of Florida,
Depaxt-nent of Health
and Rehabilitative Services, )-ic reinafter.
i
d TRANSPORTATION
-E-S TRAN
).-eferred to as the "Depart-mentr " an
PROGRAM�r hereinafter referred to ae- .s the "provider."
Th^ Part-ies.agree:
Io Thy Provider tigrees.
To provide services at locations and in accordance frith
the Ir Attachmentions specified in Attachment conditions
Be.Federal and State Laas and Regulations
I, To comply with Title VI: and V11, Civil Rights -Ac
' '
of 1964.
e -- a
2 If ggregate amount oL rederal funds in this
contract is over $10,000, the Provider shall comply
with Execut4 ve Order 11246, entitled "Equal
as aMended by Executive
Enip 1 o�m e n t Opportunity,"
Order 11375, and as supplemented in Department o F
Labor Regulations (41 C`Rr Part 60).
3; 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).
4. it is expressly understood that upon receipt Of
substantial evidence of such discrimination, the
Department Shall have the right -. to tcrminalk--e. this
for. )--,x-ea.'Ch.
contract
s Of 45 Cf-�./
pro%risioi -i
S. TO complY With t"10 E-PP
G. To L-. t.lio "Jiid Lol:th*'
in 45 CITZ, Vart 13�6.
7. If the aggregate amount of )."oderal funds in this
contract if over $100,000, the Provider shall comply
with applicable standards, orders, or -regula.tiops
I
issued pursuant to the Clean Air Act as amended
(42 USC 3.857 et seq.) and the Federal Wate:V
Pollution Control Act as amended (33 QSC 1251 et - seq.).
C. Audits and Records
D.
1. To maintain books,. records and documents in accordance
with accounting procedures and practices which suffi-
ciently and properly reflect all expenditures of funds
provided by the Department under this contract.
2. To assure that these records shall,'be subject at all
times to inspection, review, or audit by State
personnel and other personnel duly authorized by the
Department, as well as by. Federal pertonnel
n-
Le Department such progress,
3. To ma-;nz;ain and le with -I-'
fiscal, inventory and other reports as the Department
array require re within the perio d of this contract.
4. To include these aforementioned audit and record-
keeping requirements in all approved subcontracts and
-asslanin-L --s.
en L_
.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*), L.-I-er
-years after
of this cont
tract, -or if-an.audit has been
L_
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) and (b), Federal
U
auditors and persons duly. authorized by the Department
shall have full access tu, and the right to e:,cail,ine
1. TO prov'.i.do poriod.ic progress i.eports, including data
reporting requirements request-od from the Depar -ment
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, or to furnish whatever information
is necessary to effect this monitoring.
3e. To permit the Departmment to monitor the aforementioned
service program *opera ted by the Provider or subcontractor
according to applicable regulations of the Federal and
State.governments< Said monitoring will.include access
to all client records,
F. Indemnification
The Provider shall be liable, and agrees to be liable for,
-and shall indemnify, defend, and hold the Department
harmless from all claims, suits, judgements or damages,
includi-:g court costs and attorneys fees, arising out of
or in the course of the operation of this contract.
G. Insurance
The responsibility for providing adequate liability
insurance coverage on„a comprehensive basis shall be that
of the Provider ans shall be provided at all times during
the existence of finis contract. Upon the execution of this
contract, the Provider shall furnish the Department with
written verification of the existence of such insurance
coverage.
H. Safeguarding, Information n
Pursuant to 45.CFR, Part 205.50, the Provider shall not
use or disclose any information concerning a recipient
of services.u.nder this contract for any purpose not in -
Conformity with the Federal and State requirements
except on written consent of the recipient, or his
responsible parent or guardian when authorized by law,
The Provider shall submit to the Department management
and progrrun data, including client identifiable data, as
deemed essential by the Department for inclusion in the.
I}RS Client Information System.
J. Assignments of Contracts L
The Provider shall not assign the responsibility of this-
. r
contract to another party without prior written approval
of the Department.
I:. Subcontracts `
The Pravidershall not enter into subcontracts for any of
the work contemplated under this contract without obtaining
prior written approval of the Department. Pursuant to
45 CFR, Part 1396,.al1 subcontracts shall be subject to
such. conditions of this contract and to any conditions
of approval that the Department shall deem •necessary.
Provider �ai11 be rescor_si ble for the performance of any
subcontractor.
L Eligibility - _ -
_ Reimbursement shall be" made - only- for those expenditures
incurred in the provis'on of eligible services to eligible
client-s. Eligible services are those services specified
' in Attachl-nent Iof this- contract and in the current State.
of Florida Comprehensive manual Services Progr a*n Plan
for Title XX, Client eligibility will -he determined in
the -manner defined in the current "Department of Health
and Rehabilitative Services Manual•for Title XX Eligibility
Determination 195-1." '-_-he Department, unless otherwise
specified under the SPECIAL PROVISIONS section of this
contract, shall deter mine client eligibility and furnish
the Provider with said determinations. The Provider shall
furnish, upon request, such information as may be required
to verify that.client eligibility was determined in
1.1. Gz-iev,-incr! and )?air 110r,rini Procc dul:Os
Pursuant to 45 CFr%, Parts 139G.14 and 205.10, Provider
will establish a system through which recipients may
present grievances about the oneiation of the contrast.
Provider will advise recipients of this right to appeal
denial or exclusion from the program or failure, to take
account of recipients' choice of service and of theirf
- - - r
right to a fair hearing in these respects. Whenever an
applicant or recipient requests a fair hearing, the Depart-
ment will make arrangements to.provide.such a hearing,
through its regular Lair hearing process.
N. Fees
Pursuant to 45 CFR, Part 1396.70(a)(7)y no fees shall be
imposed other than those.set by the Department, in
accordance tTith 45 CFR, Part 139.6.62 and described in the
current State of Florida"Cor�n
Xrehensive-Annual Services
`
Program Plan for Title XX. Fees. . collected in col ,.Dli arse
the aLo- menL_ ied --egulat_or.s will be disposed
of in a manner_ prescribed by the Department..,
II. The Department agrees:
To pay for contracted services according to the conditions
o=.A ttacl-Lment 1 in an amount not to exceed $ 31,266.86
IIIo The Provider and Depart-ment :Mutually agree:
A. Effective Date
1. This contract shall begin on November 15, 1981
or the date on Nahich the contract has been signed
by both parties, whichever is later,
2. This contract shall end on Ndvember 14, 1982.
B. Termination
1. -Termination at Will ,
This contract may be terminated by _either party upon
no less than thirty (30) days notice, with or without
�k
2 TL2. rill.: I t i.ol I j"_'Cj u:s 0 0 -Icl' of Vul-ICL;
In the event funds to finance this contract bocome
unavailable, the Dopartment, may terminate the
contract upon no less than twenty-four (24) ho-qrs
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 Department .shall be the final
authority as to the availability of funds.
3. Termination for Breach
Unless the Provider's breach is excused, the Department
may, by writ -ten notice of breach to the Provider,
terminate the contract- Termination shall be upon
no less than t,,,-7en+_'Y-'our (24) hours notice in writing
delivered by certified mail, return receipt.reques-Ced,
-or in person with. nroof of del;verv. -Waiver of
breach of any provision of tni i s contract shall not
be deemed to be a waiver of any other breach and shall
b
'
not be construed t -o e a modification cation of the terms
of the contract.
C'notice and Contact
The Contract- Manager for the DepartnienIC for this contract
is C ICEPCION LOPEZ. representative
ON The represeni.-
of the Provider respons'ible for the administration of
this contract i
the prograr�i under s LOUIS DE LA TORRE
In the event that
di.L-erent renresentatives 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.
D . Renegotiation or Modification.
Modifications of provisions of this- contract shall only
dua.y :�icJlil: d, 'J:ll�c pzu:l es, z:(2 to 1:11cyuti LL2 tI11.;;
contract i.- 1;10-cle al and/Or State re-ViSloll Of ally
app i.cabje la'NIS Or' re:('J11_l<1tio1l�; make changes ill th"' s
.
Contract neccs;,arya
�r
game and Address of Pa}rcc
The name and address of the official payee to wholn
payment s}lall be madC: 1`lonroe County Board of County
I'�mrni ssi onerS - P 0, Box 1680, Key I -lest, Florida 331-4.0
F
All Terms and Conditions Included
This contract and its attachments as referenced,
for Purlicase of Services hereto -attached. ) f. Contain
all'the ternis and conditions agreed u on b the p y parties.
Special Provisions t:
-To comply with all applicable Federal and State Licensing Standards and !--
all other applicable standards, criteria and guidelines established by
the Department.
''�H.
Cervices to be Rendered:
_
Transportation �ef:vices as described in the 5tgte of. Florida Title XX
Comprehensive Annual _Se'rvices Program Plan.
I.
Manner and Location of Service Provision:
Transportation- Servicea will be.,;rprovided to 'clients living. in Monroe '
County accorcririg. to.Proposal referred to as Attachment -'a to this
contract. Program hours will be from 8:00 A. M. to 5"00 P.M. Monday
through Friday.
J.
Method of. Payment:
T11e Department hereby agrees to -reimburse the Provider upon presentation
of monthly Reimbursehien't Requests, in an amount not to exceed $31,266.86,
which with $3,474.10 in Certified Public Expenditures ceitif,ied by the
Provider makes a total contractual amount of $34,740.•96.
.
Reimbursement will be based on the following rates:
Local Trips .................... $2.50 one-way
Midway Trips.. .................. $10.00 one-way'
n
Long; Distance Trips.......e... $20.00 one-way
K.
The M.C.S.S.T.P.Proposal is part of the contract agreement, t-herefor.e`,
the changes to be made to this porposal must be resubmitted to the
Department within 30 calendar days af:ter' the -effective elate- of the
contract and must be received and approved by the Department.
.. L
The Provider and the Department mutually agree to renegotiate and amend
this contract- to r.educc the ImOullt'to be paid for services to be rendered
by the Provider hln-;;uant to t:his contract should it beco:lle accessary di •
le to
reduction• in tllc 111liYunt: of rlWilrlble State :and/or Federrll. funds. Tho Dt,imrl-
'REOP, tho purties hureLa have caused this
Pago Contract tQ be, executed by their undersigned officials
as duly
DIONPOE COUNTY BOARD OF COUNTY
COMI, I IS S IONY"RS:
STATE OF FLORIDA
DEPARTIMEN'T OF E EALTH AND
P It OVI D EP, REF-A-P31LITATINE SERVICES
�Cyv
B y BY:
TITLE: Chairman TITLE: District Administrator
DATE:
BY
Title
Clerk of Courts
DATE:
1-1