Resolution 169-1980
RESOLUTION NO, 169-1980
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 OF MONROE COUNTY,
FLORIDA, AND THE AREA AGENCY ON AGING
FOR DADE AND MONROE COUNTIES/UNITED WAY
OF DADE COUNTY FOR THE COMMUNITY CARE
OF THE ELDERLY 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 Board of County Commissioners
of Monroe County, Florida, and the Area Agency on Aging For
Dade and Monroe Counties/United Way of Dade County for the
Community Care for the Elderly Program, 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
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Vice Chairman
(Seal)
Attest :-) /_
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GENERAL REVENUE
CONTRACT BETWEEN
AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES/
UNITED WAY OF DADE COUNTY, INC.
AND
MONROE COUNTY BOARD OF COMMISSIONERS
THIS CONTRACT is entered into between the AREA AGENCY ON AGING
FOR DADE AND MONROE COUNTIES/UNITED WAY OF DADE COUNTY,
hereinafter referred to as the "Area Agency," and the Monroe County Board of
Commissioners, hereinafter referred to as the "PROVIDER." The Parties agree:
I, The Provider Agrees:
A. To provide services according to the conditions specified 111
Attachment 1.
B. Federal and State Laws and Regulations
1. To comply with Titles VI and VII, Civil Rights Act of 1964,
2. To comply with all the provisions of Section 504 of the
Rehabilitation Act of 1973, Non -discrimination Against the
Handicapped, as amended (45 CFR, Part 84),
3, It is expressly understood that upon receipt of substantial
evidence of any such discrimination, the Area. Agency shall
have the right to termina te this contract for breach.
4, To comply with applicable parts of the Florida Statutes and
State regulations promulgated for administration of the
Community Care for the Elderly Act, Chapter 410 Florida
Statute,
5, To comply with all applicable standards, criteria, and
guidelines of the Aging/Adult Services Program, and any
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other applicable guidelines or criteria established by the
Department of Health and Rehabilitative Services, State of
Florida,
c. Audits and Records
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D,
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
Departmen t, 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.
4, To include these aforementioned audit and record keeping
requirements in all approved subcontracts and assignments.
Retention of Records
1. To retain all financial records, supporting documen ts,
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, Persons duly authorized by the Area Agency shall have full
access to, and the right to examine any of said materials
during said period.
Monitoring
1. To provide pe.riodic progress reports, including data
reporting requirements requested by the Area Agency and/or
State and 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,
3, To permit the Area Agency to monitor the aforementioned
services program operated by the Provider or subcontractor
according to applicable regulations of the State government.
Said monitoring will include access to all client records.
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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, judgements or damages, including court costs and
attorneys fees, arising out of the Provider's negligent acts 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 and
shall be provided a t all times during the exis tence 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
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,
1. Clien t Informa Lion
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 HRS Client Information
System,
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 Conununity Care Financial Management guidelines, A
final expenditure report will be made to the Area Agency within
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thirty (30) days after the termination of this contract.
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Subcontracts
The Provider shall not enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written
approval of the Area Agency. All subcontracts shall be subject to
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such conditions of this con tract and to any conditions of approval
that the Area. Agency shall deem necessary. The Provider will be
responsible for the performance of any subcontractor.
M. 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. Such funds expended in
violation of this contract shall be refunded in full to the Area
Agency, or if this contract is s till in force, shall be withheld by the
Area Agency from any subsequent payment request.
N, Service Reports
To furnish the Area Agency with' a serVice report on the
effectiveness of the program and include statistics and data on the
number of persons served and such other reports and information
that the Area Agency may require, Said reports shall be made as
requested from the effective date of this contract and in a format
provided by the Area Agency.
II, The Area Agency Agrees:
To pay for contracted services according to the conditions of Attachment I
in an amoun t not to exceed $67,178,17.
III. The Provider and Area Agency Mutually Agree:
A, Effective Date
1. This contract shall begin on July I, 1980 or any later date on
which the contract has been signed by both parties.
2, This contract shall end on June 30, 1981.
B. Termination
1, Termination Because of Lack of Funds
In the event funds to finance this contract become
unavailable, the Area Agency may terminate the contract
upon no less than twenty-four (24) hours notice in writing to
the Provider. Said notice shall be delivered by certified
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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,
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G,
2. 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 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
con tract.
C. Notice and Contact
The Contract Manager for the Area Agency for this contract is
Herbert Rubenstein. The representative of the Provider
responsible for the administration of the program under this
contract is Kermit Lewin/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 the originals of this contract.
D, Renegotiation or Modification
Modification 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 payment shall
be made is: Monroe County Board of Commissioners, Post Office
Box 1680, Key West, Florida, 33040,
F, Technical Assistance
The Area Agency will provide technical assistance to the provider
agencIes,
All Terms and Conditions Included
This contract and its attachments as referenced (Attachment I, and
Attachment II) contain all the terms and conditions agreed upon by
the parties.
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IN WITNESS THEREOF, the parties hereto have caused this 8 page
contract to be executed by their undersigned officials as duly authorized,
BOARD OF COUNTY Cml~1T SS TONERS
OF MONROE COUNTY, FLORIDA
PROVIDER:
BY:
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TITLE:
Vice
Chairman
DATE: July 1, 1980
l\AA-I0
6/16/80
(SEAL)
Attest: /~) ~. '("7
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AREA AGENCY ON AGING
FOR DADE & MONROE COUNTIES/
UNITED WAY OF DADE COUNTY
BY:
TITLE:
DATE: July 1, 1980
It1'P1IOVED A&' TO FOIMf
NiO UOlU SUFFICIENCY.
IfY
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General Revenue
Community Care for the Elderly
ATTACHMENT I
A, Services to be Rendered:
1. The attached Community Care for the Elderly ~Q2lication (Attachment ID,
hereinafter referred to as the "Application," and any revisions thereto
approved by the Area Agency, by physical attachment to this contract, is
a part of this legal agreement and prescribes the services to be rendered
by the Provider.
B, Manner of Service Provision:
1, The services will be provided in a manner consistent with and as
described in the Application (Attachment II),
C, Method of Payment:
1. Subject to the availability of funds, the Area Agency shall reimburse the
Provider for no more than a total dollar amount of $67,178.17 for
expenditures made in accordance with an estimated budget attached in the
Applica Lion, The Area Agency shall reimburse the Provider on the basis
of monthly invoices, submitted in quintuplet, or other method agreed
upon by the parties.
2, Said funds shall consist of $67,178.17 in State General Revenue which
must be matched with cash and/or in-kind of $7,464.24 contributed by the
Providers to be used in the provision of the aforementioned services to
those eligible under the standards of eligibility set forth in the Community
Care for the Elderly Act.
3, The Provider's contribution will be made in the form of cash and/or in-
kind resources equalling at least 10% of the actual cost. The Provider's
contribution referred to as local match must be received by the Providers
prior to or simultaneously to the receipt of funds from the Area Agency.
The Area Agency shall verify the receipt of local match as directed by the
Department of Health and Rehabilitative Service of the State of Florida,
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4,
The Provider must submit the final invoice for reimbursement to the Area
Agency no more than thirty (30) days after the contract ends or is
terminated; and if the Provider fails to do so all right to be reimbursed is
forfeited, and the Area Agency will not honor any request submitted after
the aforesaid agreed-upon period, Any payment due under the terms of
this contract may be withheld until all evaluation and financial reports due
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from the Provider, and necessary adjustments thereto, have been
approved by the Area Agency.
5. The Provider agrees to carry out the distribution of funds as detailed in
the Budget Summary contained in the Application (Attachment II).
D. Non-Expendable Property:
1. Non-expendable property is property which costs $100,00 or more per
unit and whose life i,s expected to be in excess of one year or more,
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 erR, 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 ins tructions 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,
E. Financial Management Guidelines:
1. The Provider will follow requirements and guidelines set forth in HRSM
55-1 except when otherwise specified by the Area Agency,
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