Resolution 218-1977
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RESOLUTION NO. 218 -1977
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF
THE BOARD OF COUNTY CO~lliISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE AN AGFEEtlliNT FOR THE PURCHASE
OF SERVICES BY AND BETWEEN THE STATE OF FLORIDA,
DEPARTtlliNT OF HEALTH AND REHABILITATIVE SERVICES
AND THE BOARD OF COUNTY COMMISS lONERS OF MONROE
COUNTY, FLORIDA.
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 for the Purchase of Services by and between the State
of Florida, Department of Health and Rehabilitative Services
and the Board of County Commissioners of Monroe County, Florida,
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 November, 1977.
BOARD OF COUNTY COMMISSIONERS OF
110NROE COUNTY, FLORIDA
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BY/2:,;.z:_t:.~,~.;'~J.z:r.e~7
. M or an alrman
Attest:
(Seal)
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Cle rk
I HEREBY CERTIFY that this document
has been reviewed for legal sufti-
ciency and tllat the same meets with
my approv~1.
By
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Attorney's Office
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APeROVED ON
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STATE OF }l.ORID:\
DEPAr:.nl.E~T OF HEALTH NID RUL\EILITATIVE SERVICES
AGREEI1ENT FOR THE l'GRCHASR OF SERVICES
THIS AGr-EE~fE~iT entered into this day of ,19 by
and between the STATE OF FLORIDA, DEPARn!2~T OF HEALTH A)lD REIL\RILITATIVE SERVICES.
hereinafter referred to as the 11DepartTIlcnt". and HONHOE COUNTY BOARD OF
COUNTY C0I-1EISSIOklillS-..:-------------------, hereinafter referred to as the
I!Provider" ,
WITNESSETH:
t','HEI'-.EAS, the State of Florida. Department of Health and Rehabilitative
Services by authority, granted in Chapters 20 aad 409. Florida Statutes. 1975.
administers Federal Funds under Title XX of the Social Security Act which must
bd matched with State and/or local funds in accordance with Title 45. Code of
Federal Regulations. Chapter II, part 228; or if said provision is revoked.
revised and/or transferred to a new part in the Code of Federal Regulitions.
said funds ffit!St be natched in accordance with the provision of the new applicable
part of the Federal Regulations; and all amendments thereof; and,
. WiEREAS, the 'Provider. a public agency, has the arr.ount of $ 9,94h.OO
to be m:1tched with federal funds in the a.uount of $ '29 ~832.00 for a total of
$39, '176. 00 and.
of
HHEREAS. there is a need to furnish transportat.ion
1101\ROE COtJN'l'Y, Florida, and,
services in the corr.rnunity
tlBEPJ::AS, the Departrilent wishes to purchase certain of such servic2s f:::-on
the provider as it is authorized to do under Chapter 1109, Florida Statutes,
1975. a:1d the State of Florida. Comprehensive Annual Services Plan for Title
XX .of the Social Security Act. emd Title 45. Code of Federal Regulations,
Chapter II, part 228; or, if said part is revoked, revised and/or transferred
to a new part of the Code of Federal Regulations; then, as Provider is ~uthorized
under said new part, and all amenilinents thereof; .
,
IT IS. THEREFORE, in consideration of mutual u.."ldertaking and agreements
her~inafter set forth, agreed between the Department and Provider as follows:
I. The Provider agrees:
A. Service to be Provided
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To prO'J'ide trcmsport,ationservices in the corr~'!lunity ofNonroc County to
individuals who ~eet the eligibility requirements of the Department.
B. Donation
1. Provider shall contribute to the Dcpartr::.ent the SUt:l of $9,9~.OO
in certified puhli.c expenditures for the P~U?osc' of obtaini:1g federal funds in
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the amount of $29,832.00 for a total of ~;J9, 776.00 to. be used for the provision
of transportation services to those eligible und~r the stan~~rds of eligibility
of the Department. The contribution will be made in the form of twol ve . payments
of $2,4C6.00 with the first of said pcryments to be made on Nov. 15, 1977and
subsequent payments being made ?n the l,th. of each contract month thereinafter.
2. The Provider shall be rQimbursed only up to actual expenditures.
If the Provider's contribution for a contribution period exceeds 25% of actual
expenditures,' the excess shall be credited to the Provider's account for use in
subsequent contribution periods up to the total amount budgeted under the terms
of the contract. If this contract provides for the operation of more than one
type of service, the Provider's donation will be allocated among the programs
on a percentabe basis under directions of the Department.
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3. Provider guarantees that none of the amounts donated for matching
under this contract are federal funds, or are derived from or are in lieu of
federal funds except as to federal monies received from federal sources author-
ized by Statute as acceptable for matching with federal funds. Provider
guarantees that any money received nnder the terms of this contract will not be
used to obtain, by matching or othervise, additional federal monies, unless
Provider receives prior approval of the Department.
4. Certified public expenditures may vary from contribution to contri-
bution, but the total amonnt of certified public expenditures at the end of the
contract period will not be more than the agreed upon total contribution due
under the ,contract. Certified public e}.'})enditures used must be eligible to be
considered as certified public expenditures under applicable Federal Regulations
and rulings by the Social and ~ehabi1itation Service of the Department of Health,
Education, and Welfare. Said certification shall be made on the forms and in
the manner designated by the Department.
C. Hanner of Provision of Service
To provide the service purchased in the manner hereinafter described:
1. To maintain a current record on each individual in the program
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which includes current authorization for the provision of services) and attendance
data.
2. To maintain hours of service from 7:00 A.H. to 5:00 P.M. five (5),,--
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days per week, on a year round b~sis.
3. To make every effort to maintain sufficient staff, facilities, and
equipment to deliver the agreed upon services or to notify the Department when-
ever they are unable, or are going to be unable, to provide the required quality
or quantity of services.
4. To provide technical assistance to all subcontractors.
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5. To establish mechanisms to utilize ~dvisory services of clients.
D. Federal nnd State Laws and Regulntions .
1. To conform to the applicable parts of the Social Security Act,
and all amendments thereto, and.the applicable parts of the U.S. Public Law
92-512 (State and Local Fiscal Assistance Act of 1972) and Title'y~ of the
Social Security Act. In interpretation of said Acta the Provider will be gov-
erned by the interpretation of the Department.
2. To conform to the requirements applicable to social services as
set forth in the Code of Federal Regulations, Title 45, Chapter II, Social and
Rehabilitative Services (Assistance Programs), part 228, and all amendments
thereof; or if said provisions are revoked,' revised and/or transferred to a ne\{
part in the Code of,P'ederal Regulations, to comply with the said new pat-t, and
all amendments thereof; and any relevant regulations of the State of Florida,
Department of Health and Rehabilitative Services, service and operation work
plans and federal regulations.
3. If this contract is in excess of $100,000 to comply with all
applicable standards, orders, or regulations'issued pursua~t to the.Clean Air
Act of 1970 as amended (42 U.S.C. l857b. et .seq.).
4. To use best efforts to obtain all supp~ies and services for use
in the performance of this Agreement at the lowest practicable cost. and to pur-
chase by means of a system of competitive bidding whenever required by law or
whenever practical even if not required by law.
5. To comply with all State licensing standards, all applicable
accrediting standards and any other standards, criteria, or guidelines estab-
lished by the Department.
E. Audit and Records
1. To maintain financial records and reports relating to funds paid
under the contract and submit monthly reports to.the Department when requested.
2. To maintain books, records, documents and other evidence and
accounting procedures and practices which sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this
Agreement.
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3. Those records shall be subject at all times to inspection, review,
or audit by State personnel and other personnel duly authorized by the Department
as well as by Federal personnel.'
4. To collect statistical data of a fiscal nature on a regular basis
and to make fiscal statistical reports at times prescribed by, and on forms
furnished by the Department.
5. To include those aforementioned audit and record-keeping require-
ments in all approved subcontracts and assignments.
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F. Fees and Voluntnry Contributions: Ineligibility for Matching, Col-
lection, Reporting 11l1d Budgetin[
n. No fees ahall be collected from eligibl~ clients without
prior approval of the Department of Health nnd Rehabilitative Services. .
b. In the even~ that any fee system is approved, fees collected
for services shall be collected and handled. only in accordance with Department
regulations and policy and applicable ,federal guidelines and regulations.
c. Provider understands that any monies collected from eligible
clients as fees for services, or as voluntary contributions, shall be ineligible
to be matched with federal funds.
d. Any fees or voluntary contributions the provider collects
from eligible client~ shall be handled in the following manner:
(1) All fees or voluntary contributions collected shall be
reported to the Department.
(2) All fees or voluntary contributions shall be used by
the Sub-Grantee to reduce operating expenses. before comput~ng federa~. matching
participation.
G. Retention of Records
To retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a period of
five (5) years after starting date of the applicable retention period, or if
audit findings have not been r~solved at the end of the five year period, the
records shall be retained until resolution of the audit findings. Federal
auditors and any persons duly authorized by the Department shall have full
access to, and the right to examine any of. said materials during said p~riod.
H. Evaluation Reports
To furnish the Department with an eval~ation report on the effective-
ness of the program and include statistics and data on the number of persons
served nnd such other reports and information1that the Department may require.
Said reports shall be made at the end of six (6) months from the effective date
of this contract, and each six (6) months thereafter. A final report shall be
made thirty (30) days after the funding of the program ends.
.1.
Honitoring
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To permit the Department nnd federal personnel to monitor, according
to applicable regulations of the federal and state governments, the program
which is the subject of this contract.
J. Non-expendable Propert~
1. That all non-expendable property acquired for the purpose of
carrying on the project stated herein and set forth in the attached narrative
shall on the expiration of this contract become the property of the Department
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tll1d the Federal Government, such non-expendable property being property which
. -will not be consumed or lose its identity and which costs $100 or more per unit
and whose life is expected to be in excess of one year or more.
2. All such property shall be listed on a property record by descrip-
tion, model, serial number, date of acquisition and cost. Such property ahall
be inventoried annually, and an .inventory report shall be submitted to the
Department. The Federal Government shall have vested right in the said 'property.
3. . Upon termination of this contract, the said property shall be
disposed of in a manner consistent with both federal and state regulations.
The Federal Government monies received from such sale shall be reimbursed in
the same proportions as the matching funds on the original purchase. .
K. Return of Funds
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That any funds, or part thereof, not expended for the aforementioned
services shall be considered federal funds and shall be returned to the Depart-.
ment. Any funds improperly expended in violation of this contract; or federal
and state requirements, or any funds incorrectly expended shall be refunded in
full to the Department or if this contract is still in force shall be withheld
by the Department from any subsequent reimbursement request.'
L. Title VI and VII, Civil Riehts Act of 1964
1. That there will be no discrLnination against any employee or person
served on account of race, color, sex, religious background, ancestry, or nationtil
origin in its performance of this contract.
2. That Provider shn11 comply with Tit Ie VI of the Civil Rights Act
of 1964 (42 V.S.C. 2000d) in regard to persons served. _
3. That Provider shall comply vrlth Title VII of theCiyil Rights Act
of 1964 (42 V.S.C. 2000a) in regard to employees or applicants for employment.
4. That Provider shall comply vith Executive Order No. 11246, entitled
"Equal Employment Orportunity", as supplemented in Department of Labor Regula-
tions (41 CFR Part 60).
5. It is expressly understood that upon receipt of evidence of such
discrimination, the Department shall have the right to terminate this contract
for breach of contract.
6. That Provider shall include these Civil Rights Act requirements
in all approved subcontracts.
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M. Non-Discrimination Because of Ncntal ilnd Physiclll Handicaps
No otherwise qualified mentally or physically handicapped individual
shall, solely by reason of his handicap, be excluded from the participation
in, be refused employment under, be denied the benefits of, or be subjected
to discrimination under this contract. The Provider agrees to take affirmative
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acti OIl to employ, advance in employment and othen.,ise treat qualified handi-
capped individuals without discrimination based upon their physical or mental
handicap in all employment Pl'actices.
N. Indemnification
That Provider shall act as an independent contractor and not as an
employee of the Department in operating the ,aforementioned service. Provider
shall be liable, and agrees to be liable for, and shall indemnify, defend, and
hold the Department harmless from, all claims, suits, judgments or damages
.arising from the operation of the aforementioned services during the course of
this Agreement.
o. Insurance
1. The r~sponsibility for providing adequate public liability insur-
ance coverage on a comprehensive basis shall be that of the Provider and shall
be provided at all times during the existence of this Agreement. Prior to or
upon the execution of this contract, the Provider shall furnish the'Department
or its designated representative with written verification of the existence of
such insurance coverage.
2. The Provider may subcontract with any subcontractor to provide the
above-named insurance, or any part thereof.
P. Publicity
All notices, informational pamphlets, press releases, research reports,
and similar public notices prepared and released by the Provider shall include
the statement, "This project is, funded in part under an agreement with the
. Department of lIealth and Rehabilitative Services, State. of Florida.1I
Q. 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 Social Security Ac~ except on written consent of the recipient, his
attorney, or his responsible parent or guardian.
R. Availability of Services
The services which are the subject of this contract are not available
without cost from the Provider.
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II. The State of Florida, Department of Health and Rehabilitative Services
Agrces:
A. Consultati,on
To furnish consultation and tcchnical assistance to the Provider.
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B. Reimbursement
I. Subject to the availability of private nnd/o~ public, state, and
federal funds, the Department shall reimburse'the'Provider for no more than a
total dollar amount of for expenditures made in llccordance with an
,estimated budget attached hereto (Exhibit A) as a cost justification mechaniom.
The Department shall reimburse the Provider ,on the basis of monthly invoices,for not
more than $3,315.00.'~he invoices will,be submitted tn quintuplet, or other method
agreed to !LV the parties.
Z'. ' The Provider must submit the final invoice for reimbursement to
the Department no more than forty-five (45) days after the contract ends or is
terminated; and if Provider fnils to do 80 all right to be reimbursed is for-
feited, and the Department will not honor any request .submitted after the a~orc-'
said agreed upon period. Any payment due under the terms of this contract may
be withheld until all evaluation and financial reports due front the Provider, and
necessary adjustments thereto, have been approved by the Department. Any
invoices not submitted for payment within the time that either state or federal
regulations permit matching for state or federal funds will not be vaid by the
Department.
III. The State of Florida, Department of Health and Rehabilitative Servic0s
mutually agree:
. A.
Effcctive Date
1. This contract shall begin on November 15, 1977if same has been signed
by all parties to the contract prior to the aforementioned date; if Same is not
signed by all parties to the contract prior to the aforementioned date, purchase
of services under this contract shall bef,in on,the date all parties to the
contract have signed and all dollar amounts set out in the contract will be
lowered proportionately to conform to the later beginning date of the contract.
2. This contrac t shall end on November 14 . 1978
B. Termination
1. Tcnnination at Hill. All of this 'contract, or dcsignated services
purchased by this contract, may be tenninated ,by either party at any time,
with or without cause, upon no lesa than thirty (30) days notice in writing
to the other party. Said notice shall be delivered by certified mail, telep,ram,
or in person.
2. Tennination because of I~ck of Funds. It is further agreed tha~
in the "event funds to finance this contract, or part of this contract, become
unavailable, the obligations of each party hereunder may be tcrminated upon
no less than twenty-four (24) hours notiee in writing to the other party.
Said notice shall be delivered by certified mail, telcp,ram, or in person. The
Department shall be the final authority us to the availability of fcderal or
state funds and as to how any available funds will be allocated nmong its
various providers.
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3. Termination for Breac~. Unless the Provider's breach is excused,
the Department may, by written notice of breach to the Provider, terminate
the whole or any part of this Agreement in any of the fol~owing circumstances:
.4. If the Provider f3ils to provide services called for by this
Agreement within the time specified herein or any extension thereof; or
b. If the Provider fails to perform any of the other provisions
of this Agreement.
Termination shall be upon no less than twenth-four (24) hours notice in writing
delivered by certified mail, telegram, or in per.son. The Provider shall continue
the performance of this Agreement to the extent not terminated under the provision
of this clause.
Waiver of breach of any provision of the contract shall not be deemed to be a
waiver of any other or subsequent breach and shall.not be construed to be a
modification of the terms of the contraet.
c. Termination Arrangements
After receipt of a notice of termination, and except as otherwise
directed, the Provider shall:
1. Stop work under the Agreement on the date, and to the extent
specified, in the notice of termination.
2. Place no f~rther orders or subcontracts for materials, services,
or facilities except as may be necessak~ for completion of such portion of the
work under the contract as is not terminated.
3. Terminate all orders and subcontracts to the extent that they
relate to the performance of work which was terminated.
4. Handle all property as directed by the Department.
5. Prepare all necessary reports ~nd documents required under the
terms of the contract up to the day of termination, including the final report
due at the end of project, if any, without reimbursement for services rendered
in completing said reports beyond'termination date if said reports are not
completed prior to termination date.
6. Take any other actions as directed in writing by the Department.
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D. Prior Approval of Subcontracts
Provider shall not enter into subcontracts for any of the work contem-
plated under this Agreement without obtaining prior written approval of the
Department which shall be attached to the original Agreement, and subject to
such conditions and provisions as the Department may deem necessary; provided,
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hOwc'1cr, that notwiths tanding the foref,oing, unless otherl.,ise provided herein,
. such prior ",rittcn approval shall not hc rcquired for thc purchase by Provider
of articles, supplies. equipment and services which arc, both necess3ry for and
merely incidental to the per fo..l11ance of the ,",ark .required under this Agreement;
alld rrovided, further, however, that no provision of this clause and no such
approval by the Department of any zubcontract shall be deemed in any event or
manner to provide for the incurrence of any obligation of the Department in
addition to the total agreed upon price.
E. Eligibility
Reimbursement shall be made only for eligible services provided to
eligible individuals. Client eligibility shall be determined by the Department.
Provider shall furnish upon request, such information. as may bc required by .
the Department to make the determination of client's eligibility. If Provider
has knowledge of any. circumstances affecting the eligibiiity of any per"son
authorized. Provider shall notify the Department as soo.n as possible.
F. Grievance and Fair Hearing Procedures
Provider will establish a system through ",hich recipients m;lY present
'grievances about the opc;;,tion of the services program. Provider ,.,ill advise
reeipients of this righ: ,ud will advise applicants and recipients of their
right to appeal denial u~ exclusion frmn the program or failure to take account
of. recipient I s choice of a service and of their right to a f.air hearing in these
respects. Whenever an applicant or recipient requests a fair hearing, th~
Department will mal<e arrangements to provide such a hearing through its regular
fair hearing procedures.
G. Assignments of Agreement
Provider shall not assign this Agreement without prior ~'itten approval
of the Department, which shall be attached to the original Agreement and subject
to sueh conditions and provisions as the Department may deem necessary.' No such
approval by the Department of any assignment shall be deemed in any event or in
any manner to provide for the incurrence of any obligation of the Department in
addition to the total agreed upon price.
H. Renegotiation or Hodification
Any alterations, variations, modifications or waivers of provisions
of this Agreement shall only be valid ",hen they have been reduced to writing,
duly signed and attached to the original of this Agreement. The parties agree/
to renegotiate this contract if federal revision of any applicable laws or
regulations makes changes in this contract necessary.
I. Name of Payee
The nnme of the official P;lYCC to whom the Department Dhall issue
checks shall be HOIHWE COJN1'Y BUArm OF' CUUNTY CUMNISSIONEHS.
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J. All Tems and Conditions Included in Contract
This Agreement contains all the terms and conditions agreed upon by the
partics. All items incorporated by reference are. physically attached. No other
azrcements, oral or otherwise, rCljarding the subject matter of this Agreement,
shall be deemed to exist or to bind any of the parties hereto.
K. Attachments to be part of Contract
TIle ppplication for purchase of services and cost justification data
attachec hereto and labeled Exhibit A shall be and are hereby incorporated as
a part of this contract. No statement in said Exhibit A that the ntL'11ber of
individuals is an estimated figure shall in any way increase the total dollar
amount agreed upon and stated in this contract.
IN \HTNESS HIIER;EOF, the parties hereto have caused this ten (10) page
Agreement to be executed by their officials thereunto duly authorized.
STATE OF FLORIDA, DEPARntE~T OF HEALTH
AND REHABILITATIVE SERVICES
By:
Date:
Max B. Rothman
District Administrator, District XI
Date:
By:
NOHIWE COUNTY BOARD OF COUNTY COHNISSIONERS
Date:
B~tZ~~.,~
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By:
Date:
I HEREBY CERTIFY thClt this document
has been reviev/ed for leE;JI suffi-
ciency and that trle same meets with
my approyal.
By
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Attorney's Office