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HomeMy WebLinkAbout2009-251F B. M . ao � INDIAN RIVER COUNTY GRANT CONTRACT This Grant Contract (" Contract" ) entered . into effective this 1st day of October 2009 , by and between Indian River County, a political subdivision of the State of Florida ; 1801 27th Street, Vero Beach , Florida , 32960-3365 ; and Childcare Resources of Indian River, Inc . ( Recipient) of: Childcare Resources of Indian River, Inc. , 1801 24th Street Vero Beach , Florida 32960 Psychological Services Background Recitals A . The County has determined that 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 proposal submitted to the Children ' s Services Advisory Committee and the recommendations 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 (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 the Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient that are summarized in the " Program Cover Page" 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 2009/2010 (" Grant Period " ) . The Grant Period commences on October 1 , 2009 and ends on September 30 , 2010 . 4 . Grant Funds and Payment. The approved Grant for the Grant Period is : SIX THOUSAND , DOLLARS ( $6 , 000) . The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for the 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 Obli ation 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 to written notice . 5 . 2 . Compliance with Laws The Recipient shall comply at all times with all applicable federal , state , and local laws 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 . 5 . 4 . Audit Requirements If Recipient receives $ 25 , 000 , or more in 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 the 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 its 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 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 the 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 21 , 2009 provide to 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 , product/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 ) Worker' s Compensation and Employer' s Liability (current Florida statutory limit. ) . 5 . 6 . Insurance Administration . The insurance certificates , evidencing all required insurance coverage 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 the County . In addition , the County may request such other proofs and assurances as it may reasonable 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 Worker's 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 coverage ; or fails in any other regard to obtain coverage 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) in connection with this Contract. 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 . IN WITNESS WHEREOF , County and Recipient have entered into this Contract on the date first above written . INDIAN RIVER COUNTY BOARD OF COMMISSIONERS Wesley S . Davi hairman Attest: J . K. Barton , Clerk xto-"4 Qe� Deputy Clerk Q\rn %L� t% icin Approar d : Joseph A . Baird County Administrator Approved as to form and legal sufficiency : By . 11P w� County Attorney RECIPIENT : By : �< �J Childcare Resources , Inc. IndianRiwr Cn Approved Date Admin. Legal Z Budget Dep 1. Risk Mgr. EXHIBIT B [ From policy adopted by Indian River County Board Of County Commissioners on February 19 , 2002] 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 1st 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 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 . 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 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 Bernauer Indian River County Human Services 180027 1h Street Vero Beach , Florida 32960-3365 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 . - 9 - Childcare Resources of Indian River, Inc. Family Stability Program (formerly called Psychological Services). Funder: Children ' s Services Advisory Committee PROGRAM COVER PAGE Organization Name : Childcare Resources of Indian River Executive Director : Pam King E-mail : p�king@ChildeareResourcesIR . org Address : 180124 1h Street Telephone : 772 - 567-3202 Vero Beach FL 32960 Fax : 772 - 567- 1136 Program Director: Rachael Moshman E-mail : rmOshman@ChildcareResourcesIR. org Address : same Telephone : same Fax : same Program Title : Family Stability Priority Need Area Addressed: Mental Health : Expand preventative, remedial and support pro rams for students with emotional , behavioral , and performance problems . g Brief Description of the Program : This nro ram rovides parent counseling (RP -450 , 650 ) and in - person crisis intervention RP- 150 . 330 services to Childcare Resources families and contractin centers . Families receive individual and/or famil therapY from mental health professionals . SUMMARY REPORT — Enter Information In The Black Cells only) Futed tRequested from Funder for 2009 / 10 : roposed Program Budget for 2009 / 10 : $ 71000 . 00 ofTotal Program Budget : $ 33 , 265 . 25 Program Funding ( 2009 / 10 ) : 21 . 0 % ncrease /( decrease ) in request : $ 7 , 000 increase / ( decrease ) in request * * $ cated Num ber of Children to be served Individually : 0 . 0 % cated Number of Adults to be served Individually : 22 cated Num ber to be served via Group settings : 20 Total Program Cost per Client : 792 - 03 * * If request increased 5 % or more, briefly explain why : If these funds are being used to match another source , name the source and the $ amount : United Wad of Indian River County, $4 , 000 The Organization 's Board of Directors has approved this application on (date). I Erin K . GralI Name of President/Chair of the Board Sign ture Pam Kine . Name of Executive Director/CPO I ~V Signature 2 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE i 08 - 19 - 2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HILB ROGAL HOBBS FL / PHS - VERO BEACH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AMEND , EXTEND OR 227667 P : ( 866 ) 467 - 8730 F : ( 877 ) 538 - 8526 LALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . P 0 BOX 29611 CHARLOTTE NC 28229 INSURERS AFFORDING COVERAGE INSURED INSURERA: Hartford Ins Co of the Southeast CHILDCARE RESOURCES OF INDIAN RIVER , INSURER B: INC , INSURER C : 1801 24TH S T . INSURER D : VERO BEACH FL 32960 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE MM/DD/YV DATE MM/DD/YY LIMITS GENERAL LIABILITY I EACH OCCURRENCE I $ 1 , 0001 000 A COMMERCIAL GENERAL LIABILITY 21 SBA FP 5 9 7 3 10 / 14 / 09 10 / 14 / 10 I FIRE DAMAGE (Any one fire) I s300 , 000 CLAIMS MADE I is I OCCUR I MED EXP (Any one person) $ 10 , 000 X General Liab 1PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE S2 , 000 1 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2 , 000 , 000 POLICY I I PECT RO X LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000 A ANY AUTO 21 SBA FP5 9 73 10 / 14 / 09 10 / 14 / 10 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY : AGG $ EXCESS LIABILITY _ EACH OCCURRENCE $ OCCUR u CLAIMS MADE I AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS ' LIABILITY TOR LIM TS R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L . DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured ' s Operations . Indian River County is also an Additional Insured per the Business Liability Coverage Form SS0008 . CERTIFICATE HOLDER Tal ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE ( 10 DAYS FOR NON- PAYMENT) TO THE CERTIFICATE Indian River County HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY •OF ANY KIND UPON THE INSURER , ITS AGENTS OR 1840 25th Street REPRESENTATIVES. Vero Beach , FL 32960 AUTHOR D E ALS ENTATIVE ACORD 25 -S ( 7/97 ) / ® ACORD CORPORATION 1988