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HomeMy WebLinkAbout2009-065M e` 0 / INDIAN RIVER COUNTY GRANT CONTRACT This Grant Contract ("Contract") entered into effective this 1st day of October 2006 , by and between Indian River County , a political subdivision of the State of Florida ; 1801 27th Street , Vero Beach , Florida , 32960 - 3365 ; and Childcare Resources of Indian River , Inc . ( Recipient) of : Childcare Resources of Indian River , Inc . 1801 24th Street Vero Beach , Florida 32960 Children in Centers Background Recitals A . The County has determined that 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 proposal 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") 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 ( such term is hereinafter defined ) on the terms and conditions set forth herein . 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 the 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 2008/2009 ( "Grant Period") . The Grant Period commences on October 1 , 2008 and ends on September 30 , 2009 . - 1 - 4 . Grant Funds and Payment. The approved Grant for the Grant Period is : ONE HUNDRED NINETY THOUSAND DOLLARS ( $ 190 , 000 ) . The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for the 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 Obligation 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 to written notice . 5 . 2 . Compliance with Laws . The Recipient shall comply at all times with all applicable federal , state , and local laws 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 $25 , 000 , or more in 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 the 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 its 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 the 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 October 21 , 2008 provide to Indian River County Risk Management Division a certificate , or certificates , issued by an insurer, or insurers , authorized to conduct business in Florida that is rated notdess-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 - 2 - damage , including coverage for premises/operations , prod uct/comp ►eted 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 ) Worker' s 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 the County . In addition , the County may request such other proofs and assurances as it may reasonable 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 Worker' s 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 indemnify and save harmless the County , its agents , officials , and employees from and against any and all claims , liabilities , losses , damage , or causes of action which may arise from any misconduct , negligent act, or omissions of the Recipient, its agents , officers , or employees in connection with the performance of this Contract . 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 . 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 . - 3 - INDIAN RIVED. COUNTY BOARD OF COMMISSIONERS ,� , r Bye 40 Wesley S Davis , airman Attest : J . K . Barton , Clerk By : Deputy Clerk Approved : Joseph Baird County Administrator Approved as to form and legal sufficienc B : Marian E . Fell- -Assistant County Attorney RECINT : By : off- ' - ; - tt ,. .. . � q , Childcare Resources of Indian River, Inc . 1801 240' Street Vero Beach , FL 32960 - ; rr 160 - 4 - - Childcare Resources. Program: Children in Centers . Funder: Children ' s Services Advisory Committee 1 PROGRAM COVER PAGE J Organization Name : Childcare Resources of Indian River, Inc . Executive Director : Pam King E-mail : pkin gChildcareResourcesIR. org Address : 1180124 1h Street Telephone : 772 -567-3202 Vero Beach, FL 32960 F, Fax : 772 - 567- 1136 Program Director : Rachael Moshman E-mail : rmoshman(a ,ChildcareResourcesIR. org AddreA : same Telephone : same ---� Fax : same Program Title : Chi C ters/� Priority Need Area Addressed: Increase childcare capabilities and subsidies for underserved populations ; improve the quality of childcare programs and increase accessibility for children from lower income families . Brief Description of the Program: Childcare Resources funds quality childcare for lower-income working families in Indian River County. Childcare Resources maintains and encourages improvements of quality in centers with which it contracts through teacher training, classroom support, and equitable tuition to maintain its standards . The overall program includes parent education and psychological support services to support the well being of families and children. Childcare Subsidies (NL- 300 . 150) , Child Development Classes (PH-610 . 150) , Parenting Education (PH- 610) SUMMARY REPORT — (Enter Information In The Black Cells Only) A mou nt R equ ested from Funder fo r 200 8 / 0 9 : $ 21 05000 Total Proposed Program Budget for 2008 / 09 : $ 684 , 835 PercentofTotal Program Budget : 30 . 7 % ( Current Program Funding ( 2007 / 08 ) : $ 210 , 000 Dollar increase / ( decrease ) in request : $ - Percent increase / ( decrease ) in request -* * : 0 . 0 % Unduplicated Number of Children to be served Individually : 96 Unduplicated Number of Adults to be served Individually : - Unduplicated Number to be served via Group settings : Total Program Cost per Client : 7133 . 70 * * If request increased 5 % or more, briefly explain why : If these funds are being used to match another source , name the source and the $ amount : United Way of Indian River County, $204, 872 / The Organization 's Board of Directors has approved this applica ion on (date) . Erin Grall Name of President/Chair of the Board ig re Pam King Name of Executive Director/CPO Signature SUMMARY ONLY — COMPLETE -- PROPOSAL ON FILE AT LEX E HUMAN SERVICES OFFICE 2 „ * Aaesseoeu poweep se asuadxa Aue jol Juawasingwlaj augoap of 146u a41 sanias9j Aiunoa a41 ' uol;eolldde 6ulpunl s, Aoua6e ay; uI paulllno lou asuadxa Auy (p f6ulpunl papieme sey AJunoa a41 4o1gm jol wei6oid 94110 uolslAoid a41 41!m poleposse lou sasuadxa Auy (o dsooinos j9410 woJl papinoid aq Jsnw osa41 ` salollod Aed uolleoeA pue Alois snouen 9Ae4 Aew saloua6e 90uIS EseaAoldwe aol sluawAed uoI}eoen ao NO 'S (q waigennolle sI (Aiunoa JanlN uelpul u1411nn) IaneJi leool jol Juawasingwlai 96ealIW ' sllol pue ' weip aad ` saouemolle leaw ` sleaw ` swooi 19lo4 'Juawmngwlaj 96ealp : oi pollwll lou Jnq 6ulpnloul Aiunoa ay; aplsino laneJJ Jol sasuadxa laneJJ (8 smolaq polsll we sadAl ajnllpuadxa aseq j asajnllpuadxa to sada; ulepao asingwlaj lou Ipm Aiunoa aanl �j uelpul 29lgeilene swjol Auewwns sey 196pn8 18 luawa6euellV to aolllo a4.L * Aaewwns ay; uo pasoloslp aq pinogs uollaod s141 jol poglaw ay; u94J ' (994oldwe ue to fueles m6sa) asuadxa ue to uolliod a Aluo jol Aoua6e ue 6ulsjngwlaj sI AJunoa JaAIN uelpul 11 0019 ' saO [Mas lenpeiluoo ' sallddns ' Igoueq ` saueles olid umop u9joiq aq pinoys sauewwns asa41 madAl Aq asuadxa to Aaewwns a apnlouw isnw isanbei luawasingwlaa goe3 nlulod 1e41 puoAaq aeaA leosg joud a41 jol sNoego ss000id lou scop ivampedga eoueu13 941 aouls `jegoloo plw of Auee AlleoldAl sI aullpsap s141 aaeeA leosg aui jol sisanbaj luewasjngwlaj jol aullpeap a41 J0 6ulslnpe saloua6e 1goiduou Ile of jallal a puss IIIM 196pn8 pue luaw96euoVy to ooWo a41 `aeaA 4083 Pslseq Alowll a uo popwgns aq Jsnw Qoe aagwaldoS) pue aeaA leosu le luawasingwlaj jol sisanbai Iib' msaauolsslwwoa to pjeo8 a4J Aq pezuoglne Alssajdxa ssalun jeaA ixau 941 of rano pauJe0 IOU aie spunl asa41 `jeaA leosu a 10 pug 941 le popuadxaun eje spunl Aue i! ` Alleuol}Ippy bjeaA buimollol a41 woil spunl 41!m pasingwlai aq Aew is jagoloo of joud sajnllpuadxe ou ' aldwexa Joj Epapieme seen 6ulpunl 4o1gm aol jeaA leosll a41 wojl posingwlaj aq Aluo Aew sainilpuedx3 dsisanbei 6ulpunl ajninl loalle AlManpe Aew s141 ` Alleuoipppy * Alappowwl panupooslp aq Aew 6ulpunl ` slseg lualslsuoo e uo uolJeluawnoop alenbapeul sapinoid Aoua6e ue Juana 941 ul EsJauolsslwwoa to pJeo8 a41 of pe:podai aq Aew s141 ' uoI}elumnoop alenbope apinoid of sllel Alpa}eadej Aoua6e ue 11 mposingwlaj aq Jou Aew joleilslulwpy Aiunoa 941 jo/pue la6pn8 '8 Juawa6euer4 to aolllo ay1 to uolJoelslles a41 of Augdoid paluawnoop lou asuadxa Auy 4 �1oa40 polaoueo a41 to Adoo a jo/pue a0lonul ue Aq paluawnoop aq Jsnw sasuadxa algesingwlai Iib' wAluo slseq luewasjngwlaj a uo s9loua6e plo.iduou Ile of 6ulpunl sapinoid Aiunoa J9AIN uelpul 6ulpun j paenndr aa4d sal4lllglsuods9a Aaua6b 11}ojduoN mG , (ZOOZ ' 6l, Ajenig9 =1 uo sjauolsslwwoa Alunoo to paeo8 Aiunoa MIN uelpul Aq paldope Aollod woi3) 81191HX3 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 E . Bernauer, Director Indian River County Human Services 1801 27th Street Vero Beach , Florida 32960- 3365 Recipient: Substance Abuse Council 1151 19th Street Vero Beach , FL 32960 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 provision and term 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 context indicates otherwise , words importing the singular number include the plural number, and vise 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 . ACORD DATE (MMVCD7fYYY 'Yi TM. CERTIFICATE OF LIABILITY INSURANCE 0111512009 PRODUCER Phoria . (772) 562,3369 Fax: (772) 562v3466 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HILB ROGAL 8r HOBBS OF FLORIDA, INC. - VERO BEACH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2045 14TH AVE. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 BOX 130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVV . VERO BEACH FL 32961 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HARTFORD CASUALTY INSURANCE CO . CHILD CARE RESOURCES OF INDIAN RIVER, INC . INSURER ( HART INS CO OF SOUTHEAST 0427120 1801 24TH STREET INSURER C: VERO BEACH FL 32960 INSURER D. INSURER E; COVERAGES ; HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T' T-IF iNSWRED NAMED ABOVE FOR THE POLICYPER'OD INDICATED , NOTWTH57ANDING AN' ' REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER D )CUMENT WITH RESPECT TOWHICH THIS CERTIFtCATF' Mhz RE ISSUZ. D OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DFSCWBED Vi F:'. =?EIN IS SUBJECT TO ALL THE TERMS. EXCLUSONS AND C,ONDWONS Of SUr; PO( ICIE& AGGREGATE ONUTS SHOWN MAY HAVE SEFN REPUCf Ei ESY PAID CLAIMS TYPE OF INSURANCE pC}LICV NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS sFR IhEflrj DAT@ lAWDONY DATE MMfD(1}Y't' GENERAL LIABILITY 21 SBA FP5973 DV 10/14108 10/14109 EACH OCCURRENCE 13000, 000 X COMNIERCtA1. GENERAL I,IABILITY DAMAGE TO RENTED AE,kMISES (Pa ,x r<aaa:,¢) 1 300.000 CLAIMS MADE X OCCUR MFD. EXP {Ar:y one poorsn•„ g 10.000 A YES PERSONAL a ADV w_URY s 11000 , 000 GENERA. AGGIRFGATP s 2t000, 000 GENT AGGREGATE LIMIT APPLIES PC R PRJOUC I S- P�COMP;ONSG YR€} 21000 . 000 POLICY JECT LOC AUTOMOBILE LIABILITY 21 SBAFPS973 DV 10/14/08 10/14109 COMBINED SINCLE I IMIT ANY AUTO Ea accident) 1 , 000,000 .ALL OWNED AUTOS BODILY INJURY SCHEDULF0 AUTOS (Per puma") A YES X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (I'e:� ar'0ok 't ) PROPERTY DAMAGE (Per nmdon'� GARAGE LIABILITY AUTO ON9,Y - 6A ACCIOCN'T $ ANY AUTO OTHER THAN :�A ACG 5 AUTO ONI Y AG � EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR Ci.AIMS MARL AGGREGATE: S S DEDUCTIBLE: $ RETENTION S WORKERS COMPENSATION AND 21WEC DQ8422 10114/08 10114/09 VirC EMP _OYERS' LIABILITY B E 1. FACE ACCIDENT 4 aNYaaocRrr:TOROARTna�R,E�curnrE 500, )00 OFNGLWMEMAER EXCLUDED? rL DISEASE-EA0,4P .OYE- 5 500 , 000 7t ye 5, tl�vcnbr under SPEC;AL PROVISIONS btia*n EL DISFASE-POI, ICY LIPAIT , S 500, 000 flT1- ER _ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTI SPECIAL PROVISIONS CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY AND BUSINESS AUTO LIABILITY AS PER POLICY FORM AND PROVISIONS CERT IFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED f- EWORF ' Hf EXPIRATION DATE THEREOF, THE ISSUING INSURER WlJ L ENDFAVOR TO t.4P`. :. is 2AY3 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEz' I BUt rO DO SO SHA;.L IMPOSE NO OBTIGAI'ION OR LIA31L`TY OF ANY K3NP t IP(7N 711E W5: IR.FF: INDIAN RIVER COUNTY ITS AGENTS OR REPRESENTATIVES 1801 27TH STREET AUTHOR77E0 REPRESENTATIVF VERO BEACH FL 32960 -3365 Attentiow ViChae I ACOR,D 25 ( 2001/08 ) Certificate 4 1137134 (�P) ACORD CORPORATION 1988 POLICY NUMBER : 21 SBA FP5973 DV COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ THIS CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance is primary for the person or organization shown in the schedule , but only with respect to liability arising out of your work or that insured by or for you , Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement , All other endorsement provisions , conditions and exclusions of this insurance shall remain unchanged and apply to the additions , insured and described below . SCHEDULE ADDITIONAL INSURED CONTRACT/PROJECT INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH FL 32960 -3365 NAMED INSURED CHILD CARE RESOURCES OF INDIAN RIVER , INC . 1801 24TH STREET VERO BEACH FL 32960 Certificate # 118704 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED , the poiicy(ies) must be endorsed , A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s ) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer( s) , authorized representative or producer, and the certificate holder , nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . ACORa 25-S (2001 /08) Certificate #118704