Resolution 133-1980
RESOLUTION NO. 133.. 1980
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 AND THE AREA
AGENCY ON AGING FOR DADE & MONROE COUNTIES -
UNITED WAY OF DADE COUNTY, INC. FOR TITLE III
FUNDING.
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 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 Funding.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 3rd
day of June, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
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By
(Seal)
Attest:
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APfIROVED AS TO FORM
AND LEGAL SUFFICIENCY.
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CONTRACT BETWEEN
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AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES
UNITED WAY OF DADE COUNTY, INC.
AND
BOARD OF MONROE COUNTY COMMISSIONERS
THIS CONTRACT IS entered into between the AREA
AGENCY ON AGING FOR,DADE & MONROE COUNTIES - UNITED WAY OF
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DADE COUNTY, JNC., hereinafter referred to as the AREA AGENCY,
and BOARD OF MONROE COUNTY COMMISSIONERS
hereinafter referred to as the "PROVIDER".
The Parties 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.
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2. To comply with all the provisions of
Se~tion 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 of substantial evidence of such discrim-
ination, 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 1857 et seq.)
and the Federal Water Pollution Control Act as
amended (33 USC 1251 et seq.)
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C. Audits and Records.
1. To maintain books, records, and documents,
ln accordance with accounting procedures.Land practices
which sufficiently and properly reflect all expenditures
of funds provided by the AREA AGENCY under this contract.
2. To assure that these records shall be subject
~- at all times to inspection, review, or audit by AREA
AGE&CY and Department of Health and Rehabilitative
Services , State of 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
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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 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
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records sh;:i11 be Tenained until resoluti'on of the
audit findings.
2. Pursuant to 4S 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
materials 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.
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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
aforementioned service program operated by the
PROVIDER according to applicable regulations of
the Federal and State governments.
..- F. Indemnification.
.
The PROVIDER shall be liable, and agrees to be liable
for, and shall indemnify, defend, and hold the AREA AGENCY
harmless from all cliams, 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 responsibility for providing adeqate liability
insurance coverage on a comprehensive basis shall be that of
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the PROVIDER and shall be provided at all times during the
existence of this contract. Upon the exeuction of this
contract, the PROVIDER shall furnish the AREA AGENCY with
written verification of the existence of such Insurance
coverage.
H. Safeguarding Information.
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Pursuant to 45 CFR, Part 205.50, the PROVIDER shall
not use or disclose any information 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 manage-
ment and program data, including client identifiable data,
as deemed essential by the AREA AGENCY for inclusion In
the Client Information System.
3.
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J. Assignments of Contracts.
The PROVIDER shall not assign the repsonsibility 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
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expehditure report will be made to the AREA AGENCY within
thi rty (30) days "liter the termination of this con trac t.
L. Return of Funds.
Any funds paid by the AREA AGENCY and not expended
for the contraCted services shall be considered AREA AGENCY
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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 AREA AGENCY from any subsequent
reimbursement request.
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II. The AREA AGENCY agrees:
To pay for contracted services according to the
conditions of Attachment 1 in an amount not to exceed
$54,274.40
III. The PROVIDER and AREA AGENCY mutually agree:
A. Effective Date
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1. This contract shall begin on October 1, 1979
or the date on which the
contract has been signed by both parties, whichever
IS later.
2. This contract shall end on September 30, 1980
B. Termination.
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,
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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 1n writing
to the PROVIDER. Said notice shall be delivered
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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.
3. Termination for Breach.
Unless the PROVIDER'S breach 1S excused, the
AREA AGENCY may, by written notice of breach to
the PROVIDER, terminate the contract. Termination
shall be upon no less than twenty-four (24) hours
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notice in writing delivered by certified mail,
return receipt requested, or in person with
proof of delivery. Waiver of breach of any pro-
vision 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.
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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 adminis-
tration of the program under this contract 1S Kermit H. Lewin,
Monroe County Administrator
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 representative will be rendered 1n writing to the
other party and said notification attached to originals of
this contract.
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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 name and address of the official payee to whom the pay-
ment shall be made: MOnroe County Board of County Commissioners,
Post Office Box 1680, Key West, Florida, 33040.
F. All Terms and Conditions Included.
This contract and its attachments as referenced,
( Attachment I" Attachment A, Anplication for Tjtle lIT fllnrling.
), contain all the terms and con-
ditions agreed upon by the parties.
G. Modification to Applicable Law
Any provisions contained herein which are not in accordance
with aplicable State or Federal law and regulation are modified lil
accordance with said law or regulation.
H. Special Provisions.
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IN WITNESS WHEREOF, the parties hereto have caused this
f
~age contract to be executed by their undersigned official
as duly authorized.
DATED: May 1, 1980
PROVIDER: .I}~,
By: ~
Title: Chairman
AREA AGENCY ON AGING FOR DADE
AND MONROE COUNTIES - UNITED WAY
OF ~ni ~
By: .'
LUIS M. BORGE
Title: ACTING DIRECTOR
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Date: May _;)~_1-9-&e- )~_______ Date:
Attest/ A~/41t/'\.-
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
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AUDtney'_ Oftit:e
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ATIAo-IMENT 1
A. Services to be rendered:
1. The attached Application for Title III Funding, (Exhibit No.2)
and any revisions thereto approved by the AREA AGENCY"by physical attach-
ment this contract, is a part of this legal agreement and prescribes the
services to be rendered by the PROVIDER.
B. Manner of Service provisions:
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1. .The services will be provided in a manner consistent with and
as described in the Application for Title III Funding, (Exhibit No.2).
C. Method of Payment
1. Payment shall be on an advance or reimbursement basis as pre-
scribed by HRS Manual 55-1, 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
~ the Application for Title III Funding, Budget Summary, (Exhibit No.1)
D. Non-expendable Property:
1. Non-expendable property is property which costs $100.00 or more
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per unit and whose life is expected to be in excess of one year.
2. All such property shall be 1 isted on the property record by
description, manufacturer's model number, serial number, date of acquisition,
'!and ~unit :cqst. Such property shall be inventoried annually, and an inventory
report sha.ll be submitted to the AREA AGENCY annually with updates as property
is obtained. Disposition 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 accordance with instructions by the AREA
AGENCY.
4. Upon termination of this contract, the said property shall be
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disposed of ~ a manner consistent with both Federal and State regulations.
Special Provisions:
1. The PROVIDER and the AREA AGENCY agree to perfonn the services
of this contract in accordance with all Federal, State and local laws, rules
regulations and policies that pertain to Older Americans Act funds.
2. The PROVIDER agrees to assess or collect no fees from eligible
clients without prior approval of the AREA AGENCY.
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ATTACHMENT A
VI. Time of Commencement and Completion
1. The alterations, renovations and/or construction under
this Contract shall be commenced after receipt of Notice to proceed
and shall be complete within 274 calendar days after the date of
commencement unlessext~nded by mutual agreement, but in any case,
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the ~ork must be completed by September 30, 1980.
2. Liquidated damages for failure to complete on time.
Inasmuch as time is of the essence and as damages arising from
failure to complete cannot be calculated with any degree of certainty,
it is hereby agreed that if the project is not complete in accor-
dance with the provisions of the Contract, the Contractor shall pay
to the Area Agency, as liquidated damages for such delay, and not
as penalty, fifty dollars ($50.00) for each and every calendar day
elapsing between the date fixed for completion and the date such
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completion shall have been accomplished. It is also hereby agreed
that if this project is not complete in accordance with the
requirements of the Contract Documents, the Contractor shall pay
to the Area Agency as liquidated damages for such delay, and not
as penalty, the rate indicated above, unless the delay is due in
part or in full to the Area Agency, i.e., delays in reimbursements.
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