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HomeMy WebLinkAbout2021-040YIndian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2021 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach, FL, 32960 ("County') and Substance Awareness Center of IRC, 1507 20th Street, Vero Beach, FL, 32960 ("Recipient") for programs Universal Prevention and ReDirect. 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 2021/22 ("Grant Period"). The Grant Period commences on October 1, 2021 and ends on September 30, 2022. 4. Grant Funds and Payment. The approved Grant for the Grant Period is as follows: • Ninety thousand dollars ($90,000) — Universal Prevention • Ninety thousand dollars ($90,000) — ReDirect 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. 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 180 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. 5.4.2 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, 2021, 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) (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) 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 2r Street Vero Beach, FL 32960 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. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved: Approved as to form and legal sufficiency: By: / ' By: Jason Bro n, ounty Administrator Dylan "ngold, County Attorney RE By: CIPIENT: <01 Agency Name: o a4i-- EXHIBIT A CHILDREN'S SERVICES ADVISORY COMMITTEE 2021-22 GRANT APPLICATION Agency Name: Substance Awareness Center of IRC Inc. Address: 1507 20th Street, Vero Beach, FL, 32960, US Executive Director: Carrie Maynard -Lester Email: cmaynard@sacirc.org Phone: (772) 770-4811 Program Director: Irene Cauwels Email: icauwels@sacirc.org Phone: (772) 770-4811 Program(s) Name: Evidence Based Universal and Indicated Prevention Focus Area(s): Addressing Risky Youth Behavior PROGRAM DESCRIPTION: LlfeSkills Training (LST) is delivered to 4th/5th grade students at the following elementary school extended day programs: Vero Beach, Glendale, Dodgertown, Fellsmere, Citrus, Indian River Academy, Liberty Magnet, Osceola Magnet and Treasure Coast. It is also delivered through summer camps at all three Boys and Girls Club locations, Youth Guidance, Gifford Youth Achievement Center, Dasie Hope, and Feed the Lambs. The elementary curriculum is 8 lessons. We also deliver the middle school curriculum to all 6th -8th grade students at Sebastian Charter Junior High School and St. Helen Catholic School. The middle school curriculum is a total of 30 lessons. The program teaches Personal Self - Management Skills, General Social Skills, and Resistance Skills. Facilitators use a combination of interactive teaching techniques including demonstration, facilitation of behavioral rehearsal (practice), feedback and reinforcement, and guiding students in practicing the skills outside of the classroom setting. Prevention Plus Wellness (PPW) SPORT, module will be delivered to students in grades 6th -8th, the Marijuana and Vaping modules will also be delivered in grades 7th and 8th. PPW modules are evidence based motivational interventions that integrate substance abuse prevention with health promotion. The aim is to help youth improve physical fitness, nutrition, and sleep habits, and avoid alcohol, tobacco, and drug use. It has a cognitive behavioral theoretical orientation and is based on the Integrative Behavior - Image Model. The PPW modules specifically address the risk factors "low perception of risk" as identified by FYSAS data as well as the higher than statewide averages in substance use behavior. PPW is taught at the four main SDIRC middle schools and SCJHS. Ericka's Lighthouse (ELH) is a teen depression and suicide prevention program delivered to all SDIRC 6th and 9th grade students. Students learn to recognize warning signs for depression, how to get help for themselves or a friend, strategies for good mental health and ways to manage stress. ELH is delivered in all four main SDIRC middle schools, SCJHS, FLC, and SRHS. EverFi is an evidence based mental wellness curriculum. Lessons are taught in grades 6th -9th. EverFi lessons are taught at all four SDIRC middle schools. SAC delivers evidence based, universal prevention in the classroom of a core curriculum to ensure broadest reach in addition we extend our reach into afterschool and summer camps. All of the lessons taught across the three curriculums reinforce the skills and topics of each other. The program also has a parent component and community component using evidence based campaigns. We will train and distribute evidence based prevention messaging throughout the school district and partner agencies. The messaging includes Talk They Hear You, No Ones House, Use Only As Directed, Most Teens Don't and Friday Night Done Right. The projected number of unduplicated children to be served is six thousand (6,000). EXHIBIT A ReDirect is an "indicated" prevention program Licensed by DCF and Accredited by CARF with "Exemplary" conformance to the prevention standards. It aims at increasing protective factors and reducing risk factors for substance abuse. The program includes drug testing, individual, group, and family sessions focused on skill building. An intake assessment identifies needs and risks and addresses those in an appropriate manner and timeframe. The counselor meets with the family to identify issues that impact successful outcomes, and to make appropriate referrals to support on-going success. We use the LifeSkills Training curriculum designed specifically for intervention with indicated youth. It promotes social emotional learning by teaching youth self-control, how to resolve conflicts, and to make responsible decisions and avoid risky behavior. The program promotes healthy alternatives to risky behaviors through activities designed to enhance skills, increase knowledge, and improve cognitive and behavioral competencies. This year we will be adding Teen Intervene. Teen Intervene is an evidence - based approach to substance use reduction and prevention for adolescents suspected of experiencing a mild or moderate substance use. The program is effective on all drugs of abuse but has a special focus on alcohol, marijuana, and tobacco use. Teen Intervene integrates stages of change theory, motivational interviewing, and cognitive behavioral therapy, teaching youth. It teaches the reasons for substance use and skills that promote healthier behaviors; while increasing willingness to change behavior substance use and take responsibility for self -change. The program is based on the screening, brief intervention, and referral to treatment (SBIRT) model, an evidence -based approach and is approved is approved as a SAMHSA evidence -based model program. Use of substances including alcohol and drugs occurs on a continuum from no or low risk use to substance use disorders. It is a lower-cost alternative to intensive treatment for adolescents with less severe substance use disorders and may be administered to teens with more severe substance use disorders if they are on a wait list for specialized treatment. All sessions are face-to-face and approximately 45 to 60 minutes in length at the SAC office or the youth's school. It is anticipated that as a result of the program interventions, participants will decrease substance use behavior and increase coping skills. As indicated, program participants will also receive urine drug screens, which are used as positive reinforcement and support or adjunct information and understanding for prevention planning. We offer LST's Parent Program, designed to help parents strengthen communication with their children and prevent risk. Location -SAC Office; 1507 20th Street. M-TH 8:OOam — 6:OOpm. The projected number of unduplicated children to be served is two hundred (200) and three hundred (300) adults. EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on May 16, 2017.] "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 check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. 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. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 15t 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. 5. All requests for reimbursement at fiscal year-end (September 30th) 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. 6. 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. 7. 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. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary." 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: Leigh Anne Uribe, Director Indian River County Human Services 1900 27TH Street Vero Beach, Florida 32960-3365 Recipient: Substance Awareness Center of IRC 1507 201h 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 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.