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HomeMy WebLinkAbout2003-103 1S PERFORMANCE MEASURE MONITORING AGREEMENT BETWEEN 0 3 O 3 INDIAN RIVER COUNTY AND HOMELESS ASSISTANCE CENTER , INC . This PerformanceMeasureMonitoring Agreement ( " Agreement " ) is entered into this Z2 J day of April , 2003 , by and between Indian River County , a political subdivision of the State of Florida , 1840 25th Street , Vero Beach , FL 32960 ( " County " ) , and Homeless Assistance Center , Inc . , 715 4th Place , Vero Beach , FL 32962 ( " HAC " ) . BACKGROUND RECITALS A . The County has entered into a 2000 Supportive Housing Grant Agreement between the County and HUD dated July 25 , 2001 ( " Grant " ) from the United States Department of Housing and Urban Development ( " HUD " ) , Project No . FL29B009001 . B . HAC has previously received a copy of the Grant , including all exhibits thereto . C . In accordance with the Grant , the County has the ability to enter in subgrant agreements with qualified subgrantees to perform one or more implementation components of the Grant . D . RAC is a qualified subgrantee . E . The County and HAC desire that HAC perform the performance measure monitoring under the Grant , as set forth in Exhibit 1 attached to the Grant and to this Agreement and by this reference incorporated in this Agreement , all such services to be in accordance with the terms and conditions of the Grant and this Agreement . NOW THEREFORE , in consideration of the mutual covenants and promises herein contained and other good and valuable consideration , and intending to be legally bound , the County and HAC agree as follows : 1 . The background recitals are true and correct and form a material part of this Agreement . 2 . HAC shall provide the services as set forth in Exhibit 1 throughout the term of this Agreement . Unless sooner terminated in accordance with its terms , the term of this Agreement is coterminous with the term of the Grant , including , without limiting the generality of the forgoing , any extended reporting , accountability , repayment , and auditing requirements set forth therein . 3 . The County agrees to reimburse HAC up to Sixty - one Thousand Four Hundred and Fifty - two Dollars and 50 / 100 cents ( $ 61 , 452 . 50 ) for actual documented costs directly incurred pursuant to the Grant and this C: WINDOWM TEMPS CLEAN GRANT HOMELESS ASST CENTER FEB03. DOC April 22, 2003 (ioa6AM) 1 Agreement . Reimbursement requests shall be submitted to the County on a monthly basis , in accordance with the applicable provisions of the Indian River County Outside Agency Funding Policy attached to this Agreement as Exhibit 2 and by this reference incorporated in this Agreement , and are subject to audit by the County and HUD . In accordance with Exhibit 2 , the County may require such documentation of expenditures as it deems appropriate . As set forth in Exhibit 2 , HAC shall have an audit completed by an independent certified public accountant at the end of HAC ' s fiscal year , and submit such audit within 120 days of the end of HAC ' s fiscal year to the County ' s Office of Management and Budget . This Agreement is conditioned upon the County ' s receipt of Grant funding . 4 . HAC shall comply with all applicable laws , regulations , ordinances , and Indian River County policies in the performance of this Agreement and the Grant . 5 . This Agreement may be terminated by either party in the event of a substantial failure by the other party to perform in accordance with the terms of this Agreement or the Grant upon thirty ( 30 ) days prior written notice . Either party may cure such substantial failure during the thirty ( 30 ) day notice period . In the event the County terminates this Agreement , HAC shall return all funds under this Agreement not used as of the date of termination to the County within ten ( 10 ) calendar days . Upon such termination by the County , in addition to any other remedies available to the County at law , in equity , or under the Grant , the County shall have the right to enter into a new agreement with any other party for the provision of services under the Grant . 6 . The parties intend that HAC shall be an independent contractor and not the agent of the County in performing the services specified in this Agreement and that HAC shall have control of its work and the manner in which it is performed . 7 . HAC 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 , including reasonable attorney fees , which may arise from any misconduct , negligent act , or omissions of HAC , its agents , officers , or employees in connection with the performance of this Agreement . 8 . HAC shall , no later than May 1 , 2003 , 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 $ 500 , 000 combined single limit for bodily injury and property C: WINDOWS � TEMP � CLEAN GRANT HOMELESS ASST CENTER FEB03.DOC April 22, 2003 (io : i6AM) 2 damage , including coverage for premises / operations , products / completed operations , contractual liability , and independent contractors ; ( ii ) business automobile liability insurance in an amount not less than $ 500 , 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 ) . 8 . 1 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 . It is also understood and agreed that it is HAC ' s sole responsibility to coordinate activities among itself , the County , and HAC ' s insurer ( s ) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Agreement . The County shall be listed as an additional insured on all insurance coverage required by this Agreement , except workers ' compensation insurance . HAC 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 HAC ' s place of business , of any and all insurance policies that are required in this Agreement . If HAC 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 Agreement , then the County may , at its sole option , terminate this Agreement . 9 . HAC shall not assign this Agreement without the prior written consent of the County , which consent shall not unreasonably be delayed , conditioned , or withheld . 10 . This Agreement 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 Agreement 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 . C: 99NDOWSI TEMMLEAN GRANTHOMELESSASST CENTER FEB03.DOC April 22, 2003 (lo : 16AM) 3 11 . This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County , Florida , and , in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 12 . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . The failure of either party to insist upon compliance by the other party with any obligation , or to exercise any remedy , does not waive the right to so insist in the event of a continuing or subsequent delinquency or default . A party ' s waver of one or more defaults does not constitute a waiver of any other delinquency or default . 13 . Any notice required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : ( 1 ) Hand delivery to the other party ; ( 2 ) Delivery by commercial overnight courier service ; ( 3 ) first class United States mail ; or ( 4 ) faxed : County : Joyce Johnston - Carlson , Indian River County Human Services Director Indian River County Health Department Building 1900 27th Street , Room 139 - 1 , Vero Beach , FL 32960 - 3365 Fax number ( 772 ) 978 - 1798 HAC : 715 4th Place Vero Beach , FL 32962 Attn : Sue Rux , Executive Director IN WITNESS WHEREOF , the County and HAC have caused this Agreement to be executed as of the date set forth above . Attest : IndAofounty nty BoaC mi sioners By : lF B/=oR ; J . K . Barton , Clerk . Macht , C airman BCay 6 , 2003 C: I WINDOWSI TEMPI CLEAN GRANT HOMELESSASST CENTER FEB03.DOC Apri122, 2003 (io : i6AM) 4 Approved : Approved as to form and legal ?Assistant enc ?ames E . Chandler . Funty Administrator County Attorney Homeless Assistance Center , Inc . By : Z /. / / [ Seal ] President � U C: WINDOWS � TEMPlCLEANGRANTHOMELESSASSTCENTERFEB03.DOC April 22, 2003 (io :16AM) 5 Project Number_ 1 _ Technical Submission Exhibit 1 : Project Summary C. Program Goals Goal Focus : Client Access to Permanent Housing 70% of the families entering the transitional housing program will remain in the program for at least six months. 80% of the families remaining in the program will successfully complete both the Home and Property Maintenance Training Program and the Consumer Training six months of begProgram within inning these program 80% of the families completing the transitional housing program will move to some form of permanent affordable housing or some form of permanent homeownership within two years of entering the program Goal Focus : Increase in Client Skills and/or Income 0 80% of the families completing the program will be able to demonstrated improved home maintenance knowledge and consumer skills within two years of entering the program. 80% of the families completing the program will maintain or increase their income from regular employment during the first year of entering the program 60% of families will complete job skills training and/or a certificate based education progiam within one years of entering the program Goal Focus : Greater Self Determination for Clients 90% of the families who remain in the program will successfully complete the self determination goals identified in their case management plan. 75 % of the families who remain in the program will be able to identify and verbalize triggers to homelessness and will be able to identify appropriate interventions or action steps to prevent a re-occurrence. 70% of the families who remain in the program will secure employment and affordable, permanent housing within one year of entering the program 4 EXHIBIT 2 [ From policy adopted by Indian River County Board of County Commissioners on February 19 , 20021 " 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 151 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 C: WINDOWS TEMflCLEANGRANTHOMELESSASSTCENTERFEBo3.DOC April 22, 2003 (lo : 16AM) 1 y 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 . If an agency receives $ 25 , 000 or more from Indian River County ( through all sources , e . g . General Fund , Children ' s Services , Tourist Tax , etc . ) , the agency is required to have an audit completed by an independent certified public accountant at the end of the agency ' s fiscal year . Within 120 days of the end of the agency ' s fiscal year , the agency will submit the audit to the Indian River County Office of Management & Budget . This fiscal year will be as reported on the application for funding . Prior to any change in the fiscal period for an organization , the County shall be notified . " C: WINDOWS TEMP � CLEAN GRANT HOMELESS ASST CENTER FEBo3.DOC April 22, 2003 (io :16AM) 2