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Resolution 176-1980 RESOLUTION NO. 176 - 1980 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE NATIONAL COUNCIL ON THE AGING, INC. PRO- VIDING FOR THE OPERATION OF THE SUBGRANT WORK PROGRAM UNDER THE SENIOR COMMUNITY SERVICE PROJECT (SCSP) . BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MORNOE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the National Council on the Aging, Inc. for the operation of the Subgrant Work Program under the Senior Community Service Project (SCSP), 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 15th day of July, 1980. BOARD OF COUNTY COMMISSIONERS OF MONROE COU Y, FLORIDA By (Seal) Attest: /' / ')7 . ,j/ f /. '~"T- ' ./"- /,' ' '. ;~ .,..... ~> //1" L ,/'7 A (~rr ",' t /, /, ..-/ / e K' '-, ,.. ./ / BY '6J ;J (,- '.(~'. J <._J A G R E E MEN T THIS AGREEMENT is entered into by the National Council on the Aging, Inc., (NCOA) hereinafter referred to as Grantee, and (name of Subgrantee) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA ~ hereinafter referred to as Subgrantee. The Subgrantee agrees to operate a project under the Senior Community Service Project (SCSP) in the manner described in the approved Subgrant Work Program including all general and spe- cial assurances included therein. PARTIES: (Grantee) THE NATIONAL COUNCIL ON THE AGING , INe. 1828 L Street, N. W. Washington, D. C. 20036 A N D (Subgrantee) BOARD OF COUNTY CO~~ISSIONERS OF MONROE COUNTY, FLORIDA ~~ POST OFFICE BOX 1680 KEY WEST, FLORIDA 33040 .' Subgrant Amount: $125,600 Subgrant Number: 99-0-483-11-5-12 Approved Number of Enrollment Positions: 30 Number of enrollee unsubsidized placements to be achieved during the funding period: 5 Subgrant Duration: July 1, 1980 - June 30, 1981 ". Work: The work and services prescribed by the Subgrantee in ~e Subgrant Work Program as amended shall be attached hereto and made a part hereof. CjD WIT N E SSE T H WHEREAS, the Grantee is authorized under Title V of the Comprehensive Older Americans Act Amendments of 1978 (Public Law 95-478) to implement and conduct the purposes set forth in said Title Vi 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 V funds i 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 perform 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 Subgrant to the extent they relate to the work prescribed in its Work pr~1ram 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 be provisions of Subparagraph C below, be reimbursed by the Grantee for the cost directly~llocable to and actually incUrred by the Subgrantee in the performance of the work. -2- en B. Notwithstanding the provisions of Subparagraph A hereof, as a con- dition 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 transmit to the G~antee a detailed bu~get of expenses the Subgrantee anticipates it will incur in the performance of the work and shall 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 proce- dures, 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 proviQed 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 rei~bursed by the Grantee. Such request shall contain a list of the same line items as approved in the Subgrantee's budget for which a payment is required or reimbursement is sought. It shall be cer.tified by an authorized representative of the~Subgrantee. In no event shall the liability of the Grante~ hereunder or the total amount of payments made pursuant hereto to the subgranteeexceed: the Subgrant amount or budget, whichever shall be the lesser. The Subgrantee shall -3- CfL submit a Monthly Financial Report, indicating actual incurred costs, to the Grantee not more than fifteen (15) days after the end of a given report period. III. ,... The Subgrantee's budget is the approved financial plan for both Federal and nonfederal shares to carry out the purposes of the Grant as set forth in this Grant Agreement document. Subgrantees shall promptly request prior written approval from the Grantee for budget revision whenever: (1) The revision results in a net increase or decrease from the anticipated enrollment level by 15 percent or in other signif- icant changes in the scope of the project; (2) The revision indicates a need for additional Federal funding; (3) The Federal share of the Subgrant budget is over $100,000 and the cumulative amount of transfers among direct cost budget categories exceeds or is expected to exceed $10,000, or 5 percent of the total Subgrant budget, whichever is greater; (4 ) ..,. The Federal share of the Subgrant budget is $100,000 or less and the cumulative amount of transfers among direct cost categories exceeds or is expected to exceed 5 percent of the total Subgrant budget; (5) The revision involves the transfer of Federal funds allocated for enrollee wage~ and fringe benefits to -6ther categories of expense; (6) The revision involves a transfer of Federal funds from enrollee cost categories to administrative cost categories; (7) The revision pertains to the addition of the cost items requiring approval in accordance with the provisions of Federal Management Circular (FMC) 74-4; -4- 93 ~ ,(8) The revision involves the transfer of ~ounts budgeted for indirect costs, where applicable, to absorb increases in direct costs; (9) The revision involves a change in the non federal contribution. r In addition to the aforementioned specific budget revision procedures, all other deviations from the Subgrantee's authorized budget must receive 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 must not exceed the amount authorized and cited in the budget of this Subgrant. IV. All costs incurred from July 1, 1980, to the date of final execution of this Agreement by the Subgrantee and Grantee are allowable costs to the extent that they would have been allowed if incurred after the effective date of this Subgrant. V. In the event of disallowance or audit exception by the Grantee, "',. including any 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 reimbursable under this Subgrant, the Grantee shall notify the Subgrantee in writing of the disallowance, giving full particulars and reasons for the disallowance. In the 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. -5- qif VI. 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, diBcharging the Grantee I its officers, agents, and employees from all liabilities, obliga- tions, and claims arising out of or under this Subgrant, to the extent pro- vided by said forms. The Subgrantee shall have at least 60 days to close out its Subgrant following the termination date of said Subgrant. The Subgrantee shall, within the 60-day period following said termination date and prior to signing a release, submit a financial statement indicated as Final to the Grantee. VII. The Subgrantee is responsible for the selection and hiring of the local SCSP director. The Grantee's Field Representative must be consulted prior to and approve the selection of the local SCSP director. The extent and character of work performed by the Subgrantee shall be ~ubject 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 reasonable times, to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. VIII. The Subgrantee agrees to maintain books, records, documents, and other evidences (hereinafter collectively called the "Records") rertaining to the costs and expenses of this Subgrant to the extent and in such detail as will properly reflect all costs, direct and indirectl or labor, material, -6- qs equipment, supplies, services, and other costs and expens~s of whatever nature for which reimbursement is claimed under the provisions of this Subgrant. The Subgrantee I 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 ac~unting proce- dures and practices if they conform to generally accepted accounting practices, if they comply with regulations of the appropriate government authorities, and if the costs properly applicable to this Subgrant are readily ascertainable and verifiable therefrom. The Grantee, its authorized representative and/or de.signee (including a representative of the U. S. Government) shall, during the term of this Subgrant 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. IX. ..,.. The Subgrantee agrees to provide all enrollees with Social Security (except when written approval exempting such coverage has been obtained from the Grantee); and, in accordance with the provisions of Rules and Regulations for the Senior Community Service Employment 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 lifetime of the above-numbered Grant: State Workmen's Compensation Law: The Subgrantee shal} 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 (33 USC 901). Where enrollees are not covered by -7- 'r,tc State workmen's Compensation laws, they shall receive equql benefits to those covered by the State Workmen's Compensation laws. These benefits shall be provided either by a state-approved insurance company or by self- insurance if allowed by state law. x. ;" The Subgrantee hereby agrees to reimburse enrollees and authorized local project administrative staff at the rate not exceeding twenty (20~) per mile for use of personal automobiles when their use is related to on- the-job transportation, provided the enrollee or project 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 nor authorized local project administrative staff members are authorized to receive reimbursement for overnight lodging costs or for travel outside the Subgrantee's drea of service unless prior written approv- al 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 "'~ supp::>rting expenditures must be attached to an "Expense Report" and will become a part of the Subgrantee's permanent SCSP records. Reimbursement shall not be made without appropriate receipts. The Subgrantee agrees to maintain accurate program activity reports. These reports will include, among other things, all deaths, traumatic injuries or industrial diseases, and substantial property damage which o~cur 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 -8- ql) ,j--- .---..--------. C. Client Intake Form D. Enrollee Termination Form E. Monthly Financial Report F. Other Grantee forms as appropriate XI. ~ The failure of the Grantee to insist upon the performance of any term or provision of this Subgrant or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the Grantee's right to assert or rely upon any such term or right on any future occasion. XII. All documents, records, reports, forms, or any other material main- tained, completed, or submitted to 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 exceptiqp 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 SCSP project by the Subgrantee without the prior written consent of the Grantee with the excep- tion that the Subgrantee may provide normal public information concerning -9- ~8 the program, its purpose, and requirements for enrolling and that the Subgrantee may publish statistical data concerning participation and progress of the program. XIII. Neither this Subgrant nor any claim arising hereunde~, 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 subgrant all or part of the work, provided that the Grantee shall have approved in writing the terms and provisions of the Subgrant. Those secondary Subgrants previously approved by the Grantee which are with the same vendor and which have no changes other than to reflect the time period under this Agreement need not be submitted under this 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 ter- minated immediately without penalty upon termination of this Subgrant. XIV. >> 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. Termination procedures for this Agreement are as follows: -10- ~~ (1) The Grantee may terminate the Subgrant in wqole, or in part, at any time before the date of completion whenever it is determined that the Subgrantee has failed to comply with the conditions of this Agreement. The Grantee will promptly notify the Subgrantee in writing of the dete~mination and the reasons for the termination, together with the effective date. Payments to the Subgrantee or recoveries by the Grantee under agreements terminated for cause shall be in accord with the legal rights and liabilities of the parties. (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 beneficial results commensurate with the further expenditure of funds. The two (2) parties shall agree upon the termination conditions, including the effective date and, in case of partial terminations, the por- tion to be terminated. Upon termination, the Subgrantee shall, subject to compliance with the provisions of Section C of Article II above, have the right to be reimbursed for all ..,.. reimbursable expenses actually incurred by the Subgrantee prior to the date of termination. xv. This Subgrant may not be modified or amended except by written amend- ment 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 tfe Grantee from any obligation to reimburse the Subgrantee for expenditures properly made prior to such amendments. Any such amendments shall provide adequate lead time for implementation of the amendment. -11- lcro XVI. 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 expenditure, if the matter disputed shall ultimately affect the performance by the Grantee of the Grant or its rigbt to be reimbursed;for the disputed item, then such dispute shall be settled by the appropriate official in the U. S. Department of Labor. XVII. The Subgrantee agrees that in all matters relating to this Subgrant it shall be acting as an independent agency and that the employees of the Subgr~ntee are not employees of the Grantee within the meaning or applica- tion of any Federal or State Unemployment Insurance Laws, Old Age Benefit Laws or Social Security Laws or any Workmen's Compensation, Industrial or Labor Laws or otherwise. The Subgrantee agrees to assume and discharge all liabilities and perform all obligations imposed on the Subgrantee with respect to its performance of this Subgrant. The Subgrantee shall 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. XV II I. The Equal Employment Opportunity clause in Section 202 of Executive Order 11246, as amended, relative to equal opportunity and implementing rules and regulations of the Pr~sident's Committee on Equal Opportunity, is incorporated herein by specific reference. XIX. A. The. Subgrantee hereby agrees to save and hold the Grantee harmless from and against all suits for claims or aQy litigation based thereon due to the Subgrantee's fault or failure in performance of thi work under this Agreement. To the extent that policies of insurance may be reasonably -12- 1Cl 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 pro~ided to the Subgrantee, the Subgrantee shall obtain fidelity bond coverage which meets the specifica- tions 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 this project. (2) The amount of the bond shall be $50,000. (3) If possible, both the Subgrantee and the Grantee shall be named as insureds. If this is not possible, the Subgrantee shall be named as the insured. (4) The period of coverage shall be at least one year, with a discovery period of no less than one year after the can- cellation 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 cover~ payments under funding agreements with more than one agency, the bond shall include a recovery pro- vision for each agency involved. ". xx. The Subgrantee is not authorized to use funds to contract with inde- pendent public accountants for audit services under this ~ubgrant. The -13- 102- word "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. B. 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 applicable), and a summary of such audits thereof will be pro- vided to the Subgrantee. XXI. The Subgrantee assures and certifies with respect to the Subgrant that it will comply with the Federal regulations governing Grant administration as set forth in Title 29, Code of Federal Regulations, Part 89, 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 promulgation of the amendments or revision that it cannot so conform, so tha~~the Grantee and the U. S. Department of Labor 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 person- nel, but such personnel shall, to the fullest extent possible, be recruited from among eligible individuals; (2) Provide employment for eligible individualsjin the community in which such individuals reside, or in nearby communities; -14- 103 (3) Employ eligible individuals in services related to publicly owned and operated facilities and projects or in projects sponsored by organizations, other than political parties, exempt from taxation under the provisions of Section 501(c)(3) ~ of the Internal Revenue Code of 1954, as amended, except pro- jects 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 oppor- tunities for other suitable public or private paid employment are poor; (6) Result in an increase in employment opportunities over those opportunities which would otherwise be available, but (i) not result in the displacement of currently employed workers (including partial displacement, such as a reduction in the hours of non-overtime work or wages or employment benefits), ...,. and (ii) not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed; (7) Not employ or continue to employ any eligible individual to perform work the same or substantially the same as that per- formed by any other person who is on layoft"; (8) Utilize methods of recruitment and selection (including listing of job vacancies with the employment agency operated .. by any State or political subdivision thereof) which assure that the maximum number of erigible individuals have an opportunity to participate in the project. -15- ..).~~ (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, including reasonable compensation for time sp~nt in training; ~ (10) Assure that safe and healthful conditions of work will be provided, and assure that persons employed in community ser- vice jobs assisted under this Subgrant shall be paid wages which shall not be lower than whichever is 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 who are competent in the field of service in w~ch employment is being provided and who are knowledgeable with regard to the needs of older persons; (12) Authorize pay for necessary transportation costs of eligible individuals which may be incurred in project-related activi- ties under this Subgrant in accordance witry.Title 29, Code of Federal Regulations, Section 89.28; (13) To the extent feasible, serve the needs of minorities, hand- icapped individuals, individuals who are members of Indian or Alaskan entities, Hawaiiat;- natives, and limited English- speaking individuals in proportion to their numbers in the Subgrantee's geographical jurisdiction; and -16- loS (14) Authorize 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 Older American Community Service Employment Act, as amended by the Comprehensive Older Americans Act Amendents of 1978 (Public Law 95-478). C. The Subgrantee will comply with the Federal regulations governing project operations as set forth in Title 29, Code of Federal Regulations, Part 89, and will, if the provisions of Part 89 are amended or revised, comply with them or notify the Grantee within 30 days after promulgation of the amendments or revision that it cannot comply, so that the Grantee and u. S. Department of Labor Grant Officer may take appropriate action, _ including Subgrant termination, if necessary. XX II . 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. By Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Date (Signature of Authorized Subgrantee Officer) Chairman - Don Schloesser (Type or Print Name and Title of Authorized Officer for Subgrantee) Attest: (SEAL) .- Clerk MMOWDM 10 FORM A1IDUGU~ -17- LW Anom"y. OHice I 0 \a