HomeMy WebLinkAbout2020-208Indian River County Grant Contract
Subrecipient Award
This Grant Contract (Contract) entered into effective this 6th day of October 2020, by and between
Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL,
32960 (County) and Senior Resource Association- SRA (Subrecipient), 694 1411 Street, Vero Beach,
FL, 32960,167981612, for providing and administering mass transit service for Indian River County.
Background Recitals
A. The County received the award (Exhibit A) from the Federal Transit Administration (FTA) and
Florida Department of Transportation (FDOT) on the Award Date (Exhibit A).
B. The Award is for planning, acquisition, construction, improvement and operating costs of
facilities, equipment, and capital maintenance items used in public transportation.
C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is listed in
Exhibit A.
D. The Catalog of Federal Domestic Assistance (CFDA) Number and Catalog of State Domestic
Assistance (CFSA) Number for the Award, if applicable, is listed in Exhibit A. The total dollar
amount made available under the Award is $7,670,591.
E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal
regulations is based upon the County approved indirect cost allocation plan.
F. The Subrecipient, by submitting a proposal to the County, 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.
G. The County has agreed to provide such Grant funds to the Subrecipient 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 Subrecipient and incorporated herein by this
reference (Exhibit B).
3. Research and Development: The award under this Contract is not for research
activities, both basic and applied, and all development activities that are performed by
non -Federal entities. The term research also includes activities involving the training of
individuals in research techniques where such activities utilize the same facilities as
other research and development activities and where such activities are not included
in the instruction function.
4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the
fiscal year(s) listed in Exhibit A (Grant Period).
5. Grant Funds and Payment: The approved Grant for the Grant Period is $7,670,591.
(Exhibit A). The amount of federal funds obligated under this Contract by the County
to the Subrecipient is $6,639,774 (Exhibit A). The County agrees to reimburse the
Subrecipient 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 "C" 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.
6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the
federal award because indirect costs are charged directly through an approved
indirect cost allocation plan. (The rate shall be based on either the County's federally
negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10%
of modified total direct costs).
7. Additional Obligations of Subrecipient
7.1 Records: The Subrecipient shall maintain adequate internal controls in order to
safeguard the Grant. In addition, the Subrecipient 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 and its auditors shall have access to all
books, records, documents and financial statements as required by the County to
meet federal requirements or by 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.
7.2 Compliance with Laws: The Subrecipient shall comply at all times with all
applicable federal, state, and local laws, rules, and regulations, including Title 2 US
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida
Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions
of the Award.
7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly,
cumulative, Performance Reports to the Metropolitan Planning Organization
Department of the County within thirty (30) business days following: December 31,
March 31, June 30, and September 30. These reports should include but not limited to
grant expenses and other statistics as required by the grant during the quarter, and
the progress the agency has made toward meeting their goals and objectives as they
stated in their RFP response.
7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate
from all Indian River County government funding sources, the Subrecipient is required
to have an audit completed by an independent certified public accountant at the end of
the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal
year, the Subrecipient 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 Subrecipient agrees to notify the County prior to any change in the
fiscal period of Subrecipient. The Subrecipient acknowledges that the County may
deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal
year is past due and has not been submitted within the 180 day period.
7.4.1 The Subrecipient 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.
7.4.2 The Indian River County Office of Management and Budget reserves the right
at any time to send a letter to the Subrecipient requesting clarification if there are any
questions regarding a part of the financial statements, audit comments, or notes.
7.5 Insurance Requirements: Subrecipient shall, no later than October 1, 2020,
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:
(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); and
(iv) In the event that children are supervised, Sexual Molestation Liability
Insurance in an amount not less than $1,000,000 each occurrence/claim.
7.6 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. Subrecipient agrees that it is the Subrecipient's sole
responsibility to coordinate activities among itself, the County, and the Subrecipient'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 Subrecipient 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 Subrecipient's place of business, of any and
all insurance policies that are required in this Contract. If the Subrecipient 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.
7.7 Indemnification: The Subrecipient 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 Subrecipient, its agents, officers, or employees in connection
with the performance of this Contract.
7.8 Public Records: The Subrecipient agrees to comply with the provisions of
Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient
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) 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 Subrecipient upon termination of the
Contract 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 Subrecipient 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(a--)IRCGOV.COM
Indian River County of the County Attorney
1801 27th Street
Vero Beach, FL 32960
8. 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
Subrecipient if the County determines that such termination is in the public interest.
9. Notice and Contact Information: Except as otherwise provided in this Contract, any
notice required pursuant to this Contract from either party to the other party must be
in writing and sent by certified mail, return receipt requested, or by personal delivery
with receipt. For purposes of all notices, the representatives of the County and
Subrecipient are:
County: Kristin Daniels, Budget Director
Indian River County
1801 27'h Street
Building A
Vero Beach, FL 32960
Subrecipient: Karen Deigl, President/CEO
Senior Resource Association
694 1411' Street
Vero Beach, FL 32960
10. 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.
11. Standard Terms: This Contract is subject to the standard terms attached hereto as
Exhibit D and incorporated herein in its entirety by this reference.
12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's
sovereign immunity.
IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the
date first above written.
INDIAN RIVER COUNT
oner Susan
CARD �`CC'UNTY Cc. III SSla
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Attest- Jpffrey R Smith, CWk of Courts & Comptroller +
By:
Deputy Clerk
Approved:
Jason Bros
SUBRECIPIENT:
7
By:
Agency I ame: Senior Resource Association
Karen Deigl, President/CEO
5
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorneyann Reingold, County Attorney