Resolution 157-1980
RESOLUTION NO. 157 -1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE A CONTRACT BETWEEN AREA AGBNCY ON
AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF
DADE COUNTY, INC. AND THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS FOR TITLE III C-1 NONRECURRING
FUNDS.
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 Area Agency on Aging for Dade
& Monroe Counties - United Way of Dade County, Inc. and the
Monroe County Board of County Commissioners for Title III
C-l Nonrecurring Funds, 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
1st day of July, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /7 _c,/ /
Vice Cha i rman
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(Seal)
Attest:
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APPROVED AS TO FORM
ANfJ-',fGAL ,UFF1CIENC"f.
BY /j!:f!i{~
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:APPROVED ON
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CONTRACT BETWEEN
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AREA AGENCY ON AGING FOR DADE & HONROE COUNTIES-
UNITED WAY OF DADE COUNTY, INC.
023-8
AND
Monroe County Board of County Commissioners
TIllS CONTRACT is erttered into between the ARE:\
AGENCY ON AGING FOR DADE & MONROE COUNTIES - UNITED WAY OF
DADE COUNTY, INC., hereinafter referred to as the AREA AGENCY,
and Monroe County Boa ro of rOlln t-y Commi j;; l!i ign~rs
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.
2. To comply with all the provisions of
Section 504 of the Rehabili,tation 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.).
2-)
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.
2. To assure that these records shall be subject
at all times to inspection, review, or audit by AREA
AGENCY 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
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
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 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 responsibility for providing adequate liability
insurance coverage on a comprehensive basis shall he 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 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.
2,..3
J. Assignments of Contracts.
The PROVIDER shall not assign the responsibility 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.
L. Return of Funds.
Any funds paid by the AREA AGENCY and not expended
for the contracted services shall be considered AREA 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 AREA AGENCY from any subsequent
reimbursement request.
II. The AREA AGENCY agrees:
To p~y for contracted services according to the
conditions of Attachment 1 in an amount not to exceed
$ 45,000.00
III. The PROVIDER and AREA AGENCY mutually agree:
A. Effective Date.
1. This con trac t shall begin on Apr ill, 1980
or the date on which the
contract has been signed by both parties, whichever
is later.
2. This contract shall end on March 31, 1981
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,
4.
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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 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.
3. Termination for Breach.
Unless the PROVIDER'S breach is 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
notice in writing delivered by certified mail,
return receipt requested, or in person with
proo~ 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.
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 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 representative will be rendered in 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 appli.cable 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
P.O. Box 1680, Key West, Florida 33040
F. All Terms and Conditions Included.
This contract and its attachments as referenced,
), 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 applicable State or Federal law and regulation are modified in
accordance witn said law or regulation.
H. Special Provisions.
6.
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-IN WITNESS WHEREOF, the parties hereto have caused this
9 p~te contract to be executed by their undersigned official
as duly authorized.
DATED:
MAY 1 1980
PROVIDER:
By: /l 1-" / iK-
AREA AGENCY ON AGING FOR DADE
& MONROE COUNTIES - UNITED WAY
OF DADE COUNTY, INC.
Title:
Vice Chairman
By:
Date:~Lu., ~-"~80 f/. 1-LUIS M. BORGES
v-;;tJ , ."~te: ACTING DIRECTOR
Attest(--4~~A~:te: /'lAy 1 (':
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7.
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ATTACHMENT I
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 to this contract, is a part of this leg~l agreement and prescribes the
services to be rendered by the PROVIDER.
B. Manner of service provision:
1. The servic~s 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. Paj'ment .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
in 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
per unit and wh.ose 1 ife is expected to be in excess of one year.
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 inventoried annually, and an inventory
report shall 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
disposed of in a manner consistent with both Federal and State regulations.
Special Provisions:
1. The PROVIDER and the AREA AGENCY agree to perform the services
of this contract in accordance with all Federal, State and local 'laws, rules
regulations and policies that pertain to Older Amer"ican Act funds.
2. The PROVIDER agrees to assess or conect no fees from eligible
clients without prior approval of the AREA AGENCY.
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1.
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3.
ATTACHMENT II
CONDITIONS
Monroe County Nutrition: III-C
Staff time must be broken out by administrative and direct
service provision on each objective page and must be computed
correctly. Necessary revisions to objectives must track
through allocations by program activity represented on the
Supporting Budget Schedule by Program Activity and Approved
Personnel Cost pages and forwarded to the AAA by: ~ 15, 1980.
P' hI' ~~
rIor to tea locatIon of funds for goods and services
documentation regarding compliance with competitive pro~edures
outlined,in Title 45,.CFR,Par~ 74, Sub-Part P (or pages 39-44
of the TItle III applIcatIon Instruction package) must be
forwarded to the AAA fiscal office.
Please submit
project sites
to the AAA signed facility agreements Jor all
by ~ 15, 1980.
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