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HomeMy WebLinkAbout2018-243Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1ntdev of October 2018 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL. 32860 ("County") and (Recipient) Dosia Bridgewater Hope Center, 8445 64th Avenue, Wabaono, FL 32970, For Dasie Hope Center Tutorial Background Recitals A. The County has determined that it isinthe public interest to promote healthy children ine healthy community. B. The County adopted Ordinance 8S-1 on January 19. 1SBQ("Ordinonoo^)and established the Children's Services Advisory Committee to promote healthy children in e healthy community and to provide a unified oyahsrn of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Sen/|cao Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's 8on/ioeo Advisory Cornnmd1oa in fulfilling its purpose. D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Comnpnittee have been reviewed by the County, E. The Recipient, by submitting o proposal to the Children's Services Advisory ComnnUbae, has applied fora grant of money ("Grant") for the Brant Period (as such term is hereinafter defined) onthe 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 oontaned, 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 amoteria| part of this Contract. 2. Purl2ose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto asExhibit ^Kand 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 2O18/ B . The Grant Period commences onOctober 1.2O18and 4. Grant Funds and Payment The approved Grant for the Grant Period is Forty Thousand dollars - $40,000. 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. 51 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 ofthe Grant funds for atleast three CByears after the expiration of the Grant Period. The County shall have aooeoo to all books, neoomdo, and documents as required in this Section for the purpose of inspection oraudit during nonne| business hours at the County's expense, upon five (5) days prior vvhUan 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 bzthe 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 ofunduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives aothey stated in their RFP response. 54 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 their 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�.2 The Indian River Office of Management and Budget reserves the right edany time tosend mletter to the Recipient requesting clarification ifthere 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, 2018, provide not less than category A-: \0| by A.M. Best, subject to approval by Indian River County's risk manager, ofthe following types and amounts ofinsurance: _) Commercial General Liability Insurance in on amount not less than $1.000000 combined single limit for bodily injury and property damage, including coverage for ppornisaa/opargUona, pnoducta/connplehad operoUono, 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 Employers Liability Florida statutory limit)' U*\ In the event that children are supervised, Sexual Molestation Liability Insurance inonamount not less than $1'O0O'OOOeach ocoumenua/o|aimn. 5.6 Insurance Administration. The insurance oartifioatae, evidencing all required insurance coverages shall befully acceptable toCounty in both form and conhent, and shall provide and specify that the related insurance coverage ohoU not be cancelled without at least thirty /30> calendar days prior written notice having been given bothe County. In oddibon, 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 agnaaa that it is the Recipients sole responsibility tocoordinate activities among itself, the County, and the F{aoipian/o insurer(s) so that the insurance msrt|finabaa 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 tothe County, ormake copies available for the County's inspection at Recipient's place of buainasa, of any and all insurance policies that are required |nthis Contract. |fthe Recipient fails todeliver or rnaho copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance p#|iohsm reinstated or renewed upon termination orcancellation Cf existing required coverages; orfails |nany 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 ahaUindenmnifyandaovehannleaotheCounty.de aganto, officjo|e, and employees from and against any and all o|ainns. |iobi\|Uea. losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, off|oone, or employees in connection with the performance ofthis Contract. 5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Laxx..The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public naoonda that ordinarily and naneaoah|y would be required bythe County inorder bo 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 cost that does not exceed the cost provided |nchapter 11Boragotherwise provided bylaw. (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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLICRECORDS(&-IRCGOV.COM Indian River County of the County Attorney 1801 27th Street Vero Beach, FL 32960 6. T&mination. 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 Jf 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 date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ;) By: Commissioner Peter D O'Bryan Chair an BCClApproved: November 6, 2018 Attest* tdw4—,- Clerk of Col Approved: Jason BroN 5. Approved as to form and legal sufficiency: Dylan Reingold, County Attorney EQ ENT: Agency Name: rwlu- 2018-2019 CSAC Funding Application PROGRAM COVER PAGE Organization Name: Dasie Bridgewater Hope Center, Inc. Executive Director: Verna Wright E-mail: vwright772@aol.com Address: 8445 64 Avenue Wabasso FL 32970 Telephone :772-589-3535 PO Box 701483 Fax: 772-589-4688 Program Director:Verna Wright E-mail: vwright772@aol.corr Address: 8845 64 Avenue Wabasso FL 32970 Telephone: 772-589-3535 PO Box 701483 Wabasso, FL 32970 Fax:, 772-589-4688 Program Title: Dasie Hope Center Tutorial Program Priority Need Area Addressed: After school and summer recreational activities and academic enrichment programs Brief Description 'of the Program: This program is designed to help educate children while ensuring there safety. The Dasie Hope Center program provides educational, recreational;, job -training, and enrichment opportunities throughout the year in the form of after-school and summer programs. The Dasie Hope program delivers educational solutions through evidence -based curriculum, teaching and technology. 1 EXHIBIT B [From policy adopted bvIndian River County Board CfCounty Commissioners onFebruary 19,2OD2] "D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled uhaoh. Any expense not documented properly to the satisfaction of the C}Mica of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails bm provide adequate documment$U¢n, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent baaie, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For emmmp|e, no expenditures prior to October 1st may be reimbursed with funds from the following year. AddiUonoUy, if any funds are unexpended at the end of fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement st fiscal year end (September 3Om)must besubmitted on a timely basis. Each year, the [ffine of Management Q Budget will sand a letter to all ' nonprofit agencieo 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. O. Each reimbursement request must include asummary of expenses by type. These aurnnnahem should be broken down into salaries, heneOto, supp|iea, contractual services, etc. If Indian River County is ma|rnburoinQ an agency for only o portion of an expense (e.g. salary of an ernp|oyee). Ulan the method for this portion should be disclosed on the summary. The Office ofManagement @ Budget has summary forms available. 7. Indian River County will not reimburse certain types ofexpenditures. These expenditure types are listed below. o. Travel expenses for travel outside the County including but not limited to; nni)aaQa reimbursement, hotel nomrno, rnaa\o, meal oUovvoncmn' per Diem, and tolls. YNi|ao0e reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various oiok and vacation pay policies, these must beprovided from other sources. n. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined iOthe agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed 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 nnoU (postage ppepaid), return receipt requested at the addresses ofthe parties shown below: County: Leigh Anne Uhbm Director Indian River County Human Services 18DU27/nStreet Vero Beach, Florida 3288O -33O5 2. The validity, \nteroretobon, oonotruuUon, and ofhaot 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 Contnaot, or any breach hareof, as well as any litigation between the pmrUoo, shall be Indian River County, Florida for dairno brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. This Contract incorporates and includes all prior and contemporaneous negobatono, cornaepondenoe, oonven*atons, 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 modifioatioU, amendment or alteration in the barnns and conditions contained herein mhoU be effective unless contained inawritten document signed bvboth parties. 4. In the event any provision of this Contract is determined to be unenforceable or |nva||d, 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 bylaw. Tothat extent, this Contract iedeemed severable. 5. Captions and Interpretationis: 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 |nd|oobas otherw|se, words importing the singular number include the plural number, and vice versa. Words ofany gender include the correlative words ofthe other genders, unless the sense indicates otherwise. 8. The Recipient |sand shall bnanindependent contractor for all purposes under this Contract. The Recipient ianot anagent oremployee ofthe 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 ohoU at all Urneo and in all p|ooeo be subject to the Recipients eo\o direction, supervision, and control. 7. This Contract may not be assigned by the Recipient without the prior written consent ofthe County.