Resolution 171-1978RESOLUTION NO. 171-1978
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE
NATIONAL COUNCIL ON THE AGING. INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman be authorized to execute an
Agreement by and between the Board of County Commissioners and
The National Council on the Aging, Inc., a copy of same being
attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the llth
day of July, 1978.
Attest:
--- er
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By/`
ayor -and Chairmatf
(Seal)
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my app avail.
By G ten'
Attorney's Office
AP° PC" ::D ors ..s_ ��- - ,g�_
r
A''6EIEVENT
THIS AGREEMENT is entered into by the National Council on the Aging
hereinafter referred to as Grantee and (name of Subgrantee) Monroe County
Board of County Commissioners
hereinafter referred to as Subgrantee. The Subgrantee agrees to operate a proj-ect
under the Senior Community Service Project in the manner described in --the approved
Subgrant Work Program including all general and special assurances included therein.
PARTIES: (Grantee) THE NATIONAL COUNCIL ON THE AGING, INC. (NCOA)
1828 "L" Street, N. W.
Washington, D. C. 20036
A
N
D
(Subgrantee) Monroe County Board of County Commissioners
P. O. Box 1680
Key West, Florida,33040
Subgrant Amount: $108,700
Subgrant Number:
Approved Number of Enrollment Positions: 30
Number of enrollee unsubsidized placements to be achieved during the funding
period: 3
Subgrant Duration: July 1, 1978 through June 30, 1979
Work: The work and services prescribed by the Subgrantee in the
Subgrant Work Program as amended shall be .attached hereto
and made a part hereof.
W I T N E S S E T H
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WHEREAS, the Grantee is authorized under Title IX of the Older Americans Act
Amendments of 197S (Public Law 94-135) to implement and conduct the purposes set
forth in said Title IX; and
WHEREAS, the Subgrantee agrees to administer and operate its work and/or
services as set forth in its Work Program, and pursuant to Federal and Grantee
rules and regulations applicable to the usage of such Title IX fiords.
NOW, THEREFORE, it is mutually agreed as follows:
I.
The Subgrantee agrees that the work to be performed hereunder by the
Subgrantee is part of the work called for by the Grantee. The Subgrantee agrees
to undertake the performance of the work for the duration stated above and per-
form the work hereunder in such a manner as to constitute good performance of
the Subgrant. The Subgrantee also agrees to comply with and be bound by all of
the terms and conditions of the said Sub grant to the extent they relate to the
work prescribed in its Work Program and to all rules and regulations pertaining
thereto promulgated by the Grantee and/or the Federal Government which are in
effect during the term of this Agreement.
Any changes in the Subgrantee's work and/or services shall require prior
written approval from the Grantee.
II.
A. The Subgrantee shall, subject to the provisions of Subparagraph C
below, be reimbursed by the Grantee for the cost directly allocable to and
actually incurred by the Subgrantee in the performance of the work.
a. Notwithstanding the provisions of Subparagraph A hereof, as a condition
to the Subgrantee's right to reimbursement as therein provided, the Subgrantee
shall,perform the following:
(1) Prior to the performance of any of the work, the Subgrantee shall
ifti
transmit to the Grantee a detailed budget of expenses the Subgrantee
anticipates it will incur in the performance of the work and not commence
work until the Grantee approves said budget in writing.
(2) Prior to the performance of any of the work the Subgrantee shall
establish and maintain a separate bank account, within the parameters of
state fiscal codes and accounting procedures, into which all payments and
credits made hereunder shall be deposited and from which all disbursements
with respect to the work shall be made. The Subgrantee shall not commingle
funds paid hereunder with any other funds not to be used exclusively in the
performance of the work.
C. The Subgrantee may submit, on a periodic basis _as necessary, a written
Request For Advance Payment on forms to be provided by the Grantee: The Request
For Advance Payment must be in accordance with the budget and may not exceed an
amount for which obligations have been actually incurred or payments have actually
been made by the Subgrantee in connection with the performance of the work under
this Agreement and for which funds have not previously been advanced or reimbursed
by the Grantee. Such request shall contain a list of the -same line items as approved
in the Subgrantee's budget fo-r which a payment is required or reimbursement is sought.
It shall be certified by an authorized representative of the Subgrantee. In no event
shall the liability of the Grantee hereunder or the total amount of payments made
pursuant hereto the Subgrantee, exceed the Subgrant amount or budget, whichever sever
shall be the lesser. The Subgrantee shall submit a Nonthly Financial Report,
indicating actual incurred costs, to the Grantee not more than fifteen (1S) days
after the end of a given report period.
The Subgrantee's budget is the approved financial plan for both Federal and
Ron -Federal shares to carry out .the purposes of the Grant as set forth in the irant
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Agreement document. Subgrantees shall promptly request prior written approval
from the Grantee for budget revision whenever:
(1) The revision results in a net increase wr decrease from the anticipated
enrollment level by 1S percent or in other significant changes in the scope of
the Grant project;
(2) The revision indicates a need for additional Federal funding;
(3) The Federal share of the Subgrant budget is over $100,000.00 and the
cumulative amount of transfers among direct cost object class budget categories
exceeds or is expected to exceed $10,000.00, or S percent of the total Subgrant
budget, whichever is greater;
(4) The Federal share of the Subgrant budget .is $100,000.00 or less and
the cumulative amount of transfers among direct cost object categories exceeds
or is expected to exceed five (5) percent of the total Subgrant budget;
(5) The revision involves the transfer of Federal funds allocated for
enrollee wages and fringe benefits to other categories of expense;
(6) The revision involves a transfer of Federal funds allocated to enrollee
costs to administrative costs;
(7) the revision pertains to the addition of cost items requiring approval
. in accordance with the provisions of Federal Management Circular (FMC) 74-4.
With the exception of the aforementioned budget revision procedures, other
deviations from the,Subgrantee's budget may be undertaken by the Subgrantee without,
the prior written approval of the Grantee. The Subgrantee shall not purchase or
rent any equipment for the performance of the work without the prior written approval
of the Grantee. Total .expenditure of funds mast not exceed the amount authorized
exception resulting from a U. S. Department of Labor audit, of any expenditure
which it considers to be an item not properly allocable to the work or reimburse- '
able under this Subgrant, the Grantee shall notify the Subgrantee in writing, of
the disallowance $wing full particulars and reasons for the disallowance. In
event the Subgrantee concurs, the amount disallowed may be withheld by the Grantee
from the next advance, if any, or if there is no next advance, the Subgrantee shall
make payment to the Grantee. In the event the Subgrantee does not concur with a
disallowance or audit exception, the matter shall be referred to the appropriate
official of the U. S. Department of Labor for final resolution.
V.
Prior to final reimbursement for Subgrant expenditures hereunder, the
Subgrantee shall execute and deliver to the Grantee a Subgrantee's Release form
and a Subgrantee's Assignment of Refunds, Rebates, and Credits form, both of which
shall have been agreed to by the parties, discharging the Grantee, its officers,
agents and employees from all liabilities, obligations, and claims arising out or
under this Subgrant, to the extent provided by said forms.
VI.
The extent and character of work shall be subject to the general supervision,
direction, control, inspection and approval of the Grantee. The Grantee through
any authorized representative or designee (including a representative of the U. S.
Department of Labor or others, if applicable) shall have the right, at all reason-
able tines, to inspect or otherwise evaluate the work performed or being performed
hereunder and the premises in which it is being performed.
VII.
The Subgrantee agrees to maintain books, records, documents, and other
evidences pertaining to the costs and expenses of this Subgrant (hereinafter col-
lectively called the •'Records") to the extent and in such detail as will properly
reflect all costs, direct and indirect, of labor, material, equipment, supplies
S ..
and services, and other costs and expenses of whatever nature for which reimburse-
ment is claimed under the provisions of this Subgrant. The Sub grantee's accounting'
procedures and practices shall be subject to the approval of the Grantee, provided,
however, that no material change will be required to be made in the Subgrantee's.
accounting procedures and practices if they conform -to generally accepted accounting
practices, comply with regulations of the appropriate government authorities, and
if the costs properly applicable to this Subgrantee are readily ascertainable and
verifiable therefrom. The Grantee, its authorized representative and/or designee
(including a representative of the U. S. Government) shall, during the term of this
Sub grant and until the expiration of three (3) years after the final payment hereunder,
have access to and the right to inspect, examine, reproduce, and/or audit, as the
case may be, the Records, and the Subgrantee agrees to hold the Records and make
same available to the Grantee, its authorized representatives and/or its designee
(including government representatives) during the aforesaid period upon request.
VIII.
The Subgrantee agrees to provide all enrollees with Social Security (except
when written approval exempting such coverage has been obtained from NCOA).amd in
accordance with the provisions of Rules and Regulations for -the Senior Community
Service Project as published in the Federal Register, Volume 41, No. 42 (3/2/76),
the following insurance must be procured and maintained in force during the life-
time of the above numbered Grant:
State workmen's Compensation Law: The Subgrantee shall assure that enrollees
are covered by State Workmen's Compensation in the amounts required by State law
or the United States Longshoremen's and Harbor Worker's Compensation Act_03 USC 901).
Where enrollees are not covered by State Workmen's Compensation laxs, they shall
receive the equal benefits as those covered by the State Workmen's Compensation laws.
IX.
The Subgrantee hereby agrees to reimburse enrollees and authorized local
project administrative staff at the rate not exceeding seventeen cents (17t)
per mile for use of personal automobiles when their use is related to on-
the-job transportation, provided the enrollee or administrative staff person has
sufficient personal property and public liability insurance. Reimbursement for
job -related travel will not be authorized without sufficient documentation.
No enrollees or authorized local project administrative staff are authorized
to receive reimbursement for overnight lodging costs or for travel outside the
Subgrantee's area of service unless prior written approval is granted by the
Grantee. In those instances where this is applicable, the Subgrantee will be
authorized to reimburse actual expenses not to exceed standard Federal government
travel regulations. Original receipts supporting expenditures must be attached
to an "Expense Report" and will become a part of the Subgrantee's permanent Senior
Community Service Project records. Reimbursement shall not be made without appro-
priate receipts.
The Subgrantee agrees to maintain accurate program activity reports. These
reports will include, among other things, all deaths, traumatic injuries or indus-
trial diseases, and substantial property damage.which occur during or as a result
of the activities covered in this Subgrant agreement. Further, the Subgrantee
should submit data to the Grantee as follows:
A. Monthly Progress Report
B. Quarterly narrative report of project activities
C. Client Intake Form
D. Enrollee Termination Form
E. Monthly Financial Report
F. Other Grantee forms as appropriate
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X.
The failure of the Grantee to insist upon the performance of any term or
provision of this Subgrant or tc exercise any right herein c;orfn.red shall not be
construed as a waiver or relinquishment to any extent of G: ay..ee l s right to
assert or rely upon any such term or right on any future oL:uasioii.
XI.
All documents, records, reports, -forms, or any other ma a riai maintained,
completed, or submitted by the Subgrantee in connection with the performance of
the work, as well as any equipment, furniture or other tangible property (if any)
acquired with funds provided or reimbursed by the Grantee, shall be the exclusive
property of the Grantee and shall ,be delivered to the Grantee at the termination
date or earlier termination of this Subgrant or upon request therefor with the
exception that official Subgrantee records shall be the property of and be
retained by the Subgrantee. All rights of copyright, reproduction and disposal
of the material gathered by the Subgrantee, including but not limited to, the
aforesaid documents, reports and forms, shall belong exclusively to the Grantee,
with the exception that the Subgrantee is authorized to make and retain for its
official records, copies of documents and reports provided to the Grantee.
Further, no publication or dissemination of any kind shall be made of material,
reports or results of this Senior Community Service Project by the Subgrantee
without the prior written consent of the Granteetwith the exception that the Sub -
grantee may provide normal public information concerning the program; its purpose,
and requirements for enrolling and the Subgrantee may publish statistical data
concerning participation and progress of the program.
XII.
Neither this Subgrant nor ariy claim arising hereunder, whether for money or
otherwise, may be assigned or transferred by the Subgrantee without the prior
written consent of the Grantee. Accordingly, the Subgrantee may sub grant all or
a
M
part of the work, provided that the Grantee shall have approved in writing the
terms and provisions of the Subgrant. Those approved by the
Grantee which are with the same vendor and which hav,; ao changes other than to
reflect the time period under this Agreement need not be submitted under thi,s
Agreement. Any consent required of the Grantee under this section or any other
section of this Subgrant, may be 'reasonably withheld by the Grantee.
The Subgrantee shall not without prior written consent of the Grantee, enter
into any commitments for services or equipment which cannot be terminated immedi-
ately without penalty upon termination of this Subgrant.
XIII.
A. This Subgrant and the work to be performed hereunder by the Subgrantee
may be terminated by the Grantee for either of the following reasons:
(1) Default by the Subgrantee in the performance of any term or
provision of this Subgrant.
(2) The termination of the Grant by the.Federal Government or so.,much
thereof as it pertains to the work under this Subgrant.
B. The termination of this Agreement will result in the cancellation of
financial assistance, in whole or in part, prior to the completion date. Termi-
nation procedures for this Agreement are as follows:
(1) The Grantee may terminate the Subgrant in whole, or in part, at any
time before the date.of completion wheneyer it is determined -that the Sub -
grantee has failed to compty with the conditions of this Agreement. The
Grantee will promptly notify the Subgrantee in writing of the determination
and the reasons for the termination, together with the effective date. Pay-
ments made to the Subgrantee or recoveries by the Grantee under agreements
teiminated for cause shall be in accord with the legal rights and liabilities
of the parties.
�e
(2) The Agreement may be terminated in whole or in part when both the
Subgrantee and the Grantee agree that the continuation of the project would
not produce bene'icial results commensurate with the further expenditure of
funds. The two (2) parties shall agree upon the termination conditions,
including the effective date*and, in the case of partial terminations, the
portion to be terminated. Upon termination, the Subgrantee shall, subject
to compliance with the provisions of Section C of Article 11 above, have the
right to be reimbursed for -all reimbursable expenses actually incurred by
the Subgrantee prior to the date of termination.
XIV .
This Subgrant may not be modified or amended except by written amendment to
this Agreement, except that the Grantee may, at any time and from time to time,
amend its policy and procedural requirements for this Grant program by written
notification thereof to the Subgrantee, provided that such amendment to program
requirements shall not relieve the Grantee from any obligation to reimburse the
Subgrantee for expenditures properly made prior to such amendments. Any such
amendment shall provide adequate lead time for implementation of the amendment.
XV .
In the event any dispute arises concerning the performance of the work by
the Subgrantee or the right of the Subgrantee to be reimbursed for any expendi-
ture, if the matter disputed shall ultimately affect the performance by the
Grantee of the Grant or its right to be reimbursed for the disputed item, then
such dispute shall be settled by the appropriate official in the U. S.
Department of Labor.
XVI.
The Subgrantee agrees that in all matters relating to this Subgrant it
shall be acting as an independent agency, that the employees of the Subgrantee
are not employees of the Griu tee within the meaning or appliFation of any
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Federal or State Unemployment Insurance Laws, Old Age Benefit Laws or Social
Security Laws or any Workmen's Compensation, Industrial or Labor Laws or other-
wise. The Subgrantee agrees to assume and d'scharge all liabilities and perform
all obligations imposed on the Subgrantee with respect to its performance of
this Subgrant. The Subgrantee Qiall have no right, power or authority to create
any obligation, expressed or implied, on behalf of the Grantee, and shall have
no authority to represent the Grantee as agent.
XVII.
The Equal Employment Opportunity clause in Section 202 of the Executive
Order 11246, as amended, relative to Equal Opportunity and implementing rules
and regulations of the President's Committee on Equal Opportunity, is incor-
porated herein by specific reference.
XVIII.
A. The Subgrantee hereby agrees to save and hold the Grantee harmless from
and against all suits for claims or any litigation based thereon due to,the Sub -
grantee's fault or failure in performance of the work under this Agreement. To
the extent that policies of insurance may be reasonably obtained covering the
risks involved in the performance of the work,the Subgrantee shall obtain and
maintain such policies of insurance and shall cause to be named the Grantee as
an insured party thereto. If the Subgrantee is a self -insurer, the Subgrantee
agrees to reimburse the Grantee for any counsel fees included therein.
B. When advance payments are provided to the Subgrantee, the Subgrantee
shall obtain fidelity bond coverage which meets the specifications described
as follows:
(1) Fidelity bond coverage shall be in the form of a blanket position
bond with an approved corporate surety covering any and all officers and
employees of the recipient organization who are involved in the activities
of the project.
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(2) The amount of the bond shall be ;S0,000.
(3) If possible, both the Subgrantee and the Grantee shall be named as
the insureds. If this is not possible, the Subgrantee shall be named as
the insured.
(4) The period o: coverage shall be at least one year, with a discovery
period of no less thui one year after the cancellation or other termination
of the bond.
(5) The bond shall stipulate that the Grantee be given 35 days advance
notice by the surety prior to making any material change in, or cancellation
of, the bond. The advance notice shall be provided by certified mails.
(6) If the bond covers payments under funding agreements with more than
one agency, the bond shall include a recovery provision for each agency
involved.
XIX.
The Subgrantee is not authorized to use funds to contract with independent
public accountants for audit services.under this Subgrant. The ward "audit" as
used herein is intended to mean:
A. A systematic verification of the accounting records, vouchers, and other
financial and legal records and documents of a Subgrantee for the purpose of
determining the allowability of Grant costs.
S. The rendering of an expert and impartial opinion by a qualified
accountant as to the fairness of recorded costs incurred in the performance of
work under this Grant.
Interim and final audits of this Subgrant will be performed by the Grantee
(including a representative of the U. S. Department of Labor or.others, if appli-
cable), and a summary of such audits thereof will be provided to the Subgrantee.
XX.
will comply with the Federal regulations governing Grant administration as set
forth in 29CFR89, Subpart E, and will, if the provisions of Subpart E are amended
or revised, comply with them or notify the Grantee within 30 days after promulga-
tion of the amendments or revision that it cannot so conform, so that the Grantee
and the U. S. Department of Labor Grant Officer may take appropriate action,
including Subgrant termination, if necessary.
(General Assurances). The Subgrantee assures and certifies with respect to
the Subgrant that:
A. The project conducted under the Subgrant will:
(1) Provide employment only for eligible individuals,'except for
necessary technical, administrative, and supervisory personnel, but such
personnel shall, to the fullest extent possible, be recruited from among
eligible individuals;
(2) Provide employment for eligible individuals in the community in
which such individuals reside, or in nearby communities;
(3) Employ eligible individuals in services related to publicly owned
and operated facilities and projects, or projects sponsored by organizations,
other than political parties, exempt from taxation under the provisions of
Section SO1 (c) (3) of the Internal Revenue.Code of 1954, as amended, except
projects involving the construction, operation, or maintenance of any facility
used -or to be used as a place for sectarian religious instruction or worship;
(4) Contribute to the general welfare of the community;
(5) Provide employment for eligible individuals whose opportunities for
other suitable public or private paid employment are poor;
(6) Result in an increase in employment opportunities over those oppor- .
tuaities which would otherwise be available, but (i) not result in the displace-
vient of currently employed workers (including partial displacement, such as a
-reduction in the hours of non -overtime work or wages or employment benefits),
13
and (ii) not impair existing contracts or result in the substitution of
Federal funds in connection with work that would otherwise be performed;
(7) Not employ o.r continue to employ any eligible individual to perform
work the same of substantially the sa.wu, as that performed by any other person
who is on layoff;
(8) Utilize methods of recruitment rnd selection (including listing of
job vacancies operated by any State or political subdivision thereof) which
will assure that the maximum number of eligible individuals will have an
opportunity to participate in the project;
(9) Include such training as may be necessary to -make the most effective
use of the skills and talents of those individuals who are participating, as
well as provide for the reasonable expenses of individuals being trained, includ-
ing reasonable compensation for time spent. in training;
(10) Assure that safe and healthful conditions of work will be provided,
and assure that persons employed in community service jobs assisted under the
Grant shall be paid wages which shall not be lower than whichever is the
highest of (i) the minimum wage which would be applicable to the employee
under the Fair Labor Standards Act of 1938,. if section 6 (a) (1) of such Act
applied
to the participant
and if he/she were
not exempt under Section 13
thereof,
(ii) the State or
local minimum wage
for the most nearly comparable
covered employment, or (iii) the prevailing rates of pay for persons
employed in similar public occupations by the same employer;
(11) Be established or administered with the advice of persons competent
in the field of service in which employment is being provided, and of persons
Who are knowledgeable with regard to the needs of older persons;
(12) Authorize pay for necessary transportation costs of eligible
W,
(13) To the extent feasible, serve the needs of minority, Indian, and
limited English-speaking eligible individuals in proportion t(. their
numbers in the geographic jurisdiction of the project; and
(14) Iliithorize funds to be used, to the extent feasible, to include
individuals participating in the project under the State unemployment
insurance plan.
B. The Subgrantee will comply
with the
requirements
of the Senior
Community Service Employment Act,
Title IX
of the Older
Americans Amendments
of 1975 (pub. L. 94-135).
C. The Subgrantee will comply with the.Federal regulations governing
project operations as set forth in Title 29, Code of Federal Regulations, Section.
89, Subpart C, and will, if the provisions of'Subpart C are amended or revised,
comply with them or notify the Grantee within 30 days after promulgation of the
amendments or revision that it cannot so conform, so that the Grantee and U...S.
Department of Labor,Grant Officer may take appropriate action, including grant
termination,, if necessary.
s.
IN WITNESS WHEREOF, the parties hereto have caused this Subgrant to be signed
by their respective duly authorized officers as of the day and year written below.
THE NATIONAL COUNCIL ON THE AGING, INC.
gy
Date
Signature of Authorized 3ubgrantee Officer) Late
Purie ton Howanitz Chairman
Type or Print Name and Title of Authorized
Officer fer Subgrantee
HEREBY CERTIFY that this document
has been reviewed for leglal suffi-
ciency and that the same meets with
my appro• al.
By ; - //��-`m
Attorney's Office
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