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HomeMy WebLinkAbout2010-224R ao ► o - aa�{ R, Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2010 by and between Indian River County , a political subdivision of the State of Florida , 1800 27th Street , Vero Beach FL, 32960 ("County") and Early Learning Coalition of Indian River, Martin , & Okeechobee Counties , Inc. (Recipient) , of: $8 , 888 . 00 Early Learning Coalition of Indian River, Martin , & Okeechobee Counties , Inc . 10 SE Central Parkway , Suite 400 Stuart , Florida 34994 Background Recitals A . The County has determined that it is in the public interest to promote healthy children in a healthy community . B . The County adopted Ordinance 99- 1 on January 19 , 1999 ("Ordinance") and established the Children 's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children 's needs can be identified , targeted , evaluated and addressed . C . The Children 's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children 's Services Advisory Committee in fulfilling its purpose . D . The proposals submitted to the Children 's Services Advisory Committee and the recommendation of the Children 's Services Advisory Committee have been reviewed by the County. E . The Recipient , by submitting a proposal to the Children 's Services Advisory Committee , has applied for a grant of money ("Grant's for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein . F . The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) -on the terms and conditions set -forth herein . I - - NOW THEREFORE , in consideration of the mutual covenants and promises herein contained , and other good and valuable consideration , the receipt and adequacy of which are hereby acknowledged , the parties agree as follows : 1 . Background Recitals The background recitals are true and correct and form a material part of this Contract. 2 . Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes") . 3 . Term The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 201 0- 1 1 ("Grant Period ") . The Grant Period commences on October 1 , 2010 and ends on September 30 , 2011 . - 1 - 4 . Grant Funds and Payment The approved Grant for the Grant Period is Eight thousand eight hundred eighty eight dollars ($8 , 888 . 00) . The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract . Reimbursement requests may be made no more frequently than monthly . Each reimbursement request shall contain the information , at a minimum , that is set forth in Exhibit " B " attached hereto and incorporated herein by this reference . All reimbursement requests are subject to audit by the County. In addition , the County may require additional documentation of expenditures, as it deems appropriate . 5 . Additional Obligations of Recipient . 5 . 1 Records . The Recipient shall maintain adequate internal controls in order to safeguard the Grant . In addition , the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period . The County shall have access to all books , records , and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County 's expense , upon five (5) days prior written notice . 5 . 2 Compliance with Laws . The Recipient shall comply at all times with all applicable federal , state, and local laws , rules , and regulations . 5 . 3 Quarterly Performance Reports , The Recipient shall submit quarterly , cumulative , Performance Reports to the Human Services Department of the County within fifteen ( 15) business days following : December 31 , March 31 , June 30 , and September 30 . 5 . 4 Audit Requirements , If Recipient receives $ 100 , 000 or more in the aggregate from all Indian River County government funding sources , the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 120 days of the end of the Recipient 's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget . The fiscal year will be as reported on the application for funding , and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding . to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1 . 5 . 4 . 1 The Recipient further acknowledges that , promptly upon receipt of a qualified opinion from it 's independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget . The qualified opinion shall thereupon be reported to the Board of Commissioners and funding under this Contract will cease immediately . The foregoing termination right is in addition to any other right of the County to terminate this Contract . 5 . 4 . 2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements , audit comments , or notes . 5 . 5 Insurance Requirements . Recipient shall , no later than September 21 , 2010 , provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida 2 — that is rated not less than category A- : VII by A . M . Best , subject to approval by Indian River County 's risk manager, of the following types and amounts of insurance : (i) Commercial General Liability Insurance in an amount not less than $ 1 , 000 , 000 combined single limit for bodily injury and property damage , including coverage for premises/operations , products/completed operations , contractual liability , and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $ 1 , 000 , 000 per occurrence combined single limit for bodily injury and property damage , including coverage for owned autos and other vehicles , hired autos and other vehicles , non-owned autos and other vehicles ; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) 5 . 6 Insurance Administration . The insurance certificates , evidencing all required insurance coverages shall be fully acceptable to County in both form and content , and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition , the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance . The Recipient shall , upon ten (10) days' prior written request from the County , deliver copies to the County , or make copies available for the County's inspection at Recipient 's place of business , of any and all insurance policies that are required in this Contract . If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages ; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract , then the County may, at its sole option , terminate this Contract . 5 . 7 Indemnification . The Recipient shall - defend , hold harmless and indemnify the County , it 's commissioners , officers , employees and agents , from and against any and all claims , causes of action , liabilities , damages , losses and expenses (including , without limitation , reasonable attomey's fees) arising out of or relating in any way to the acts or omissions of Recipient, or any person or entity for whom Recipient has legal responsibility or liability, which acts or omissions constitute negligence , intentional misconduct , a violation of applicable law or a breach of this agreement 5 . 8 Public Records . The Recipient agrees to comply with the provisions of Chapter 119 , Florida Statutes (Public Records Law) in connection with this Contract . 6 . Termination . This Contract may be terminated by either party , without cause , upon thirty (30) days prior written notice to the other party. In addition , the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest . 7 . Availability of Funds . The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 3 — 8 . Standard Terms . This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference . IN WITNESS WHEREOF , County and Recipient have entered into this Contract on the date first above written . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS � SIOfiI �Rg" Sa. aeO • ° . •� eeeeee - - By : ° •. Peter D . O ' Bryan , Chairman U 44 e f� BCC pproved : September 21 , 2010 Attest : J . anon , Clerk nas •. o a. Deputy Cil' �abe°° °epd° Approved : Jos ph A. Baird Co my Administrator Approved as to form and legal sufficiency: County.Attorhey RECIPIENT: A NN. NAME Indi2n Riva Cn A Oved Daie Admin. _ Legal Budget Dept. JO Risk Mgr. 000 4 — Early Learning Coalition of Indian River, Martin & Okeechobee Counties, inc. Working Poor Local Match Children 's Services Advisory Committee PROGRAM COVER PAGE Organization Name : Early Learning Coalition of Indian River Martin & Okeechobee Counties Executive Director : Jacki Jackson E-mail : jjacksongeleirmo . org Address : 10 SE Central Parkway Suite 400 Telephone : 772 -220- 1220 Ext : 233 Stuart, Florida 34994 Fax : 772 -220 - 1229 Program Director: Pat Houston E-mail : phouston(a), eleirmo . org__ Address : 10 SE Central Parkway Suite 400 Telephone : 772 -220- 1220 Ext : 242 Stuart, Florida 34994 Fax : 772 -220 - 1229 Program Title : Working Poor Local Match for Indian River County Priority Need Area Addressed: Increase childcare capacities and subsidies for underserved populations , the infant and toddler population ; improve the quality of childcare programs, and increase accessibility for children from lower -income families Brief Description of the Program : The working poor local match meets the Federal 6 % requirement to serve children of working poor parents whose income is below 150 % of the Federal Poverty Level The following taxonomies apply to this funding request : Child Care Subsidies NL - 300 . 150 , Preschool Referral Programs — HL-2500 . 6300 , School Readiness Programs — HD 1800 - 8000 , Child Care Provider Recruitment — PH-2400 . 1400 SUMMARY REPORT — ('Enter Information In The Black Cells Only) A mount Requested from Funder for 2010 / 1 1 : $ 2 0 , 000 . 00 Total Proposed Program B udget for 2010 / 11 : $ 2 , 002 , 861 . 20 Percentof TotalProgram Budget : 1 0 % Current Program Funding ( 2010 / 11 ) : $ 125100 Dollar increase /( decrease ) in request : $ 7 900 Percent increase / ( decrease ) in request * * o 6 5 . 3 /o ( Unduplicated Number of Children to be served Individually : 570 Unduplicated Number of Adults to be served Individually : _ ( Unduplicated Num ber to be served via Group settings : _ - ota " Program Cost per Client : 351 3 . 79 1 * * If request increased 5 % or more, briefly explain why_ The request for additional monies is due to the wait-list for services greater then 427 for priority ge 0 -5 If these funds are being used to match another source , name the source and the $ amount : These funds will be used to match Federal dollars provided through the Child Care Development Fund (CCDF ) for subsidized child care in the amount of $ 333 ,333 , The Organization 's Board of Directors has approved this application on (date) . A rl 2 2010 B Filiberto Valero Name of President/Chair of the Board Signatu Jacki Jackson Name of Executive Director/CPO Signatur 2 EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19 , 2002] Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only . All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed . If an agency repeatedly fails to provide adequate documentation , this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis , funding may be discontinued immediately. Additionally , this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded . For example , no expenditures prior to October 1 " may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners . All requests for reimbursement at fiscal year end (September 30t) must be submitted on a timely basis . Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type . These summaries should be broken down into salaries, benefits, supplies , contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e . g . salary of an employee) , then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available . Indian River County will not reimburse certain types of expenditures . These expenditure types are listed below. a . Travel expenses for travel outside the County including but not limited to ; mileage reimbursement, hotel rooms , meals , meal allowances , per Diem , and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable . b . Sick or Vacation payments for employees . Since agencies may have various sick and vacation pay policies , these must be provided from other sources . c. Any expenses not associated with the provision of the program for which the County has awarded funding . d . Any expense not outlined in the agency's funding application . The County reserves the right to decline reimbursement for any expense as deemed necessary . " l � 1 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1 . Notices : Any notice , request , demand , consent , approval or other communication required or permitted by this Contract shall be given or made in writing , by any of the following methods : facsimile transmission ; hand delivery to the other party ; delivery by commercial overnight courier service ; or mailed by registered or certified mail (postage prepaid) , return receipt requested at the addresses of the parties shown below: County : Brad Bernauer Indian River County Human Services 180027 th Street Vero Beach , Florida 32960- 3365 2 . Venue : Choice of Law: The validity , interpretation , construction , and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida , only. The location for settlement of any and all claims, controversies, or disputes , arising out of or relating to any part of this Contract , or any breach hereof, as well as any litigation between the parties , shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court . 3 . Entirety of Agreement : This Contract incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Contract that are . not contained herein . Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties . 4 . Severability : In the event any provision of this Contract is determined to be unenforceable or invalid , such unenforceability or invalidity shall not affect the remaining provisions of this Contract , and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable . 5 . Captions and Interpretations : Captions in this Contract are included for convenience only and are not to be considered in any construction or 'interpretation of this Contract or any of its provisions . Unless the context indicates otherwise , words importing the singular number include the plural number, and vice versa . Words of any gender include the correlative words of the other genders , unless the sense indicates otherwise . 6 . Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract . The Recipient is not an agent or employee of the County , and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction , supervision , and control . 7 . Assignment . This Contract may not be assigned by the Recipient without the prior written consent of the County.