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HomeMy WebLinkAbout2016-096L Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2016 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 and the Catholic Charities of the Diocese of Palm Beach, 9995 N Military Trail, Palm Beach Gardens, FL 33410 For "The Samaritan Center for Homeless Families" 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") 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. 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 2016/17 ("Grant Period"). The Grant Period commences on October 1, 2016 and ends on September 30, 2017. 4. Grant Funds and Payment The approved Grant for the Grant Period is (Total Dollar Amount of $29,000.00), "The Samaritan Center for Homeless Families". The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this - 1 - 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. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 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 County 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 October 1, 2016, 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 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: — 2 — (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) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 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 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).. The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. — 3 — (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. 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. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the' t�....RS..;�•.• first above written. INDIAN RIVER COUNTY BOARD OF COUN Y COMMISSIONERS.o�` '' •6': Dated. June 21, 2016 •�: By: �o Commissioner Trob Solari, Chairman Attest: Jeffrey Clerk of C C ptroll '�•' �.• oJ:' By: •.�NDIANEtI�;.• p erk Approved: Y Jarn Brown Conty,Administrator Approved as to form and le iciency: I Dylan Reingold, County Attorney RECIPIENT By: AGENCY NAME&%It Io ,L v)t0U-SE oc- WA- n -k 4 - Catholic Charities—Samaritan Center for Homeless Families with Children—IRC CSAC PROGRAM COVER PAGE Organization Name: Catholic Charities of the Diocese of Palm Beach Executive Director: Shelia Gomez E-mail: sggmez(a)diocesepb.org Address: 9995 N. Military Trail Telephone: 561-775-9573 Palm Beach Gardens FL 33410 Fax: 561-625-5906 Program Director: Renee Birele E-mail: rbireleyna ddcpb.org Address: 3650 415' Street Telephone: 772-770-3039 Vero Beach, FL 32967 Fax: 772-567-0812 Program Title: The Samaritan Center for Homeless Families Priority Need Area Addressed: #2 Building Parent Capacity Brief Description of the Program: The Samaritan Center residential facility for homeless families is a long-term, transitional program focusing on "Life Skills Development" parenting, budgeting, and education) with the primary goal being the promotion and development of healthy family values and family structure leading to the successful re-entry into mainstream society. Taxonomy Definition L41 Homeless Shelters - Organizations that provide a temporary place to stay for people who have no permanent housing SUMMARY REPORT—(Enter Information In The Black Cells Onl-) _ Amount Requested from Funder for 2016/17: $ 29,000.00 Total Proposed Program Budget for 2016/17: $ 667,895.00 Percent of Total Program Budget: 4.3% Current Program Funding (2016/17): $ 27,700 Dollar increase/(decrease) in request: $ 1 ,300 Percent increase/ decrease in request ** 41 7°n Unduplicated Number of Children to be served Individually: 45 Unduplicated Number of Adults to be served Individually: 30 Unduplicated Number to be served via Gro-up--settings: Total Program Cost per Client: _ 8905.27 **If request increased 5% or more,briefly explain why: N/A If these funds are being used to match another source, name the source and the S amount: N/A The Organization's Board of Directors has approved this apph all' on(date). Ajord-78 2016 Very Rev. Thomas Barrett 1020. Q Name of President/Chair of the Board Sig Sheila Gomez Name of Executive Director/CPO Signature 2 EXHIBIT B (From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] D. 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 301h) 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." — EXHIBIT B - 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 1800 27" Street Vero Beach, Florida 32960-3365 Recipient: 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. - EXHIBIT C - Certificate 3 '-1 _'(116 Beate of C;ovcrac Certiticate holder 1 his(ertificatc Is issued as a matter of Information onh and 1 he Roman Catholic Uiocesc of Palin 11cac h confers no rights upon the holder of this certificate. I his certificate 9995\orth\-Ilitay Trail dues not amend,extend or alter the cmcraloc afforded bel(m. Palm Beach Gardens.H- 33410-9650 7111.C It I 110 1. \ll'I L'AL,RI 1,11-F - SOCILI) OF A\II.RICA (trend Location 108 13 U1,U 4111.1. RI) Catholic Charities of the Utot esc of Palm Beach.Inc C)11:V 1A. til:6A I5•I 9995N Militar\ Frail Patin Beach Garden,I 1,33410 i (ua c ra gc. his is to certif-, that the co\erages listed be101% have been isulcd to the certificate holder nanfed abuse for the cerfilicate indicated,nut)sitlutandui' any requirement,term or condition of ane contract or other document asith respect to%%hich this certificate may he issued or n)ay pertain,the Coverage afforded described herein is subject to:dl the terms,culustous and conditions of such cmcrage. Limits shown tnav haye been reduced by paid claims. j l ovvra8c Effective (o+crage t.\pia:diuu T%Ile of(o%cr:agc (erhtieate\unthea Date j Date Lunn. t'toperla j ----_— Neal A.1'erson.d 1'nalauly -- D.General I.iandah Each 1)rauneuae -- ?O(I(I,t)OO j General �peregale 2.ol It l•f IIID 1 �✓ Occurrence 91 19 4A.2016''016 4 1.2017 Fill Claituti Made Personal.r Adl tnlnrl iFire D.uuagr(kill late fare) - ---__- Med[,%I)(till one prniml I.xac..I;:abdah Emil Occuncncc \nnu.tl \g^rc;;race Other — Lach Occurrencr I ('lamas\tale .\nnual.\ggnrgratc j i I.uud�[oacrage i Description of Operat iondl ucaIton,Veit iclea 'pecial herr (file follnmug language cuperaedes any other Langu'lge in till%endorsement or the(erldicale ul connicl%I till alit,Lua.uage) Coverage only extends to Indian Rncr County Commissioners as their interest may appear in refefence to(atholii.('harries of the nimese of Patin Beach.Inc..R)r the term of the certificate. Holder of('erlificate (:utcellannu Additional Protected Personis) Should any of the above described euveraues he cancelled before the c%piratiou date thereof,the issuilic company will endeavor(4)Irgail 10 days written notice to the holder of Indian River County C ommissionrts certificate named to the Icft,but fifilure to mail such notice shall 1800 27th Street impose no obfip-atiou or liability of any Lind upon the company. Veto Beach,FL. 32960 its agents or representati\es. \ufhurucdlteprex•nlauac — 0833000071 .. ._.. ENDORSEMENT 170 BE AlTA(;HED ,O CF=-IFICATE) Effective Date of Endorsement .I 1.2016 Cancellation Date of Endorsement 4•1.2017 Certificate Holder I tie Roman Catholic Diocese of Palm Beach 9995 North Nfilitari Trail Farm Beach Gardens,FL 33410-9650 Location C'cholic Charities of the Diocese of Palm Beach. Inc. 9'tv5 N.N-lilitar" Vail Palm Be2Wh(jarden.FL 3;410 Certificate No ')149 of The Catholic Mutual Relief Society of America ss amended as follows SECTION 11-ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II-Liability(only with respect to Coverage t)-General Liabilrly). is amended to include as an Additional Protected Person(sj meribers of the organizations shoran in the schedule but only with respect to their liability for the Protected Person(s)activities or activities they perform on behalf of the Protected Person(s) It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement and this extension of coverage shall not enlarge the scope of coveraga provided under this certificate or increase the limit of liability thereunder Unless otherwise agrees by contract or agreement,coverage extended under this endorsement to the Additional Protected Person(s)will not precede the effective date of this certificate of:,overage endorsement or extend beyond the cancellation date. Schedule-ADDITIONAL PROTECTED PERSONS) Indian Rimer County Commissioners 1800 27th Street Veru Beach.1-1-32960 Remarks (the follarrrng language supersedes any other language in this endorsement or the Certificate n conflict with this language) Coverage only extends to Indian River County Commissioners as their interest mas, appear in reference to Catholic Charitics of the Diocese of Palm Beach, life.for the tenn iif the certificate. i f Authona.,Jl Repic,crn:ali\e FIKS12200-1' J