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HomeMy WebLinkAbout2009-065L INDIAN RIVER COUNTY GRANT CONTRACT This Grant Contract ( "Contract") entered into effective this 1st day of October 2008 , 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 . Be 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 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 (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 , 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 2008/2009 ( "Grant Period") . The Grant Period commences on October 1 , 2008 and ends on September 30 , 2009 . - 1 - 4 . Grant Funds and Payment . The approved Grant for the Grant Period is : SEVEN THOUSAND , DOLLARS ( $ 7 , 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 Obligation 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 , 2008 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 - 2 - 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 Worker' s Compensation and Employer' s Liability (current Florida statutory limit . ) . 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 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 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) 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 . - 3 - IN WITNESS WHEREOF , County and Recipient have entered into this Contract on the date first above written . INDIAN RIVER COUNTY BOARD OF COMMISSIONERS By° Wesley S . Davis Chair, ian Attest : J . K . Barton , Clerk e By : G _ Deputy Clerk r Approved : tiosuntye h A . Baird Administrator Approved as to form and legal sufficiency : BPMarian - E . F ssistant County Attorney REORIENT : By . Childcare Resources of Indian River, Inc . 180124"' Street Vero Beach , FL 32960 /6 0 � . r I I pr 221 U9. I - 4 - Childcare Resources of Indian River, Inc. Psychological Services Program , Funder: Children 's Services Advisory Committee PROGRAM COVER PAGE Organization Name : Childcare Resources of Indian River Executive Director: Pam King E-mail : Aking(a) ChildcareResourcesIR. or Address : 1801 24th Street Telephone : 772 -5 67-3202 Vero Beach, FL 32960 - Fax : 772 - 567 - 1136 Program Director : Rachael Moshman E-mail : rmoshmanna ChildcareResourcesIR. org Addregs : same Telephone : same Fax : same Program Title : Psychological Services Priority Need Area Addressed: Mental Health : Expand preventative, remedial , and support programs for students with emotional, behavioral , and performance problems . Brief Description of the Program : This program provides parent counseling (RP450 . 650) and in- person crisis intervention (RP 150 . 330) services to Childcare Resources families and contracting centers Families receive individual and/or family therapy from various contracting Childcare Resources mental health professionals Centers receive classroom support through site visits by therapistsspecializing_ in early childhood. SUMMARY REPORT — (Enter Information In The Black Cells Only) Amount Requested from Funder for 2008 / 09 : $ 7 , 000 . 00 Total Proposed Program Budget for 2008 / 09 : $ 25 , 023 . 57 Percent ofTotal Program Budget : 28 . 0 % Current Program Funding ( 2007 / 08 ) : $ 71000 Dollar increase / ( decrease ) in request : $ Percent increase / ( decrease ) in request * * : 0 . 0 % Unduplicated Number of Children to be served Individually : I1 Unduplicated Num ber of Adults to be served Individually : 16 Unduplicated Number to be served via Group settings : 40 Total Program Cost per Client : 373 . 49 * * 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 Way of Indian River County, $4 , 000 The Organization 's Board of Directors has approved this application on (date) . Erin K . Grall Name of President/Chair of the Board Sig ture Pam King Name of Executive Director/CPO Signature b I rl SUMMARY ONLY — E II f ! COMPLETE PROPOSAL ON FILE AT HUMAN SERVICES OFFICE „ mAjessaoau peweep se asuadxa Aue jol juawasinquej eugoop 01 1415P aql san� asai � junoo aql auoijeoildde 6uipun; s,Aoua6e ay; ui poul1lno ;ou asuadxa Auy (p ' 6ulpunj papieme seq Ajunoo ay; goigm jo} wei6o.id 941 10 uolslnoid eq; ql!m pa;eloosse lou sasuadxa Auy (o Iseoinos aaq}o wog; paPlnoid aq Isnw asay} ` sealod Aed uoi}eoen pue dols snouen anew Aew s9loua6e aoulg * saakldwe jol sjuawAed uo11e3eA ao r1S (q * algemolle sl (Alunoo Janla uelPul u14j!M) IaneJj leool .sol juawasingwiai a6eallW esllo; pue ' walp Jed saouemolle leave sleaw swooi la;oq `juawasingwlaa 96ea11w : oj pa}Iwll jou inq 6ulpnloul Ajunoo eqj aPlslno IaneaJ JOI sasuadxa IaneJl (e & molaq palsll eje sada l ajnllPuadxa asagl Gsajnj! 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PPb' eAlelelpewwl penul}uooslP aq Aew bulpunj ` slseq ;ualswoo e uo uoljejuawnoop alenbapeul soPlnoid �toua6e ue l.uana 941 ul RsJauolsslwwoO Jo paeo8 aql o; paliodej aq � m s14} ` uo1}e;uawnoop ejenbape aPlnoid ol: s11ej Alpejeadej �(oue6e ue 11 Ppasingwlaj aq jou Aew jolrej}slwwpy Ajunoo aq} jo/pue 196png ;uawa6euevq 10 90!4O 94110 u01pejsges eq; o} Apecloid paluawnoop jou asuadxa Auy * Noago poleoueo eq} jo Adoo a jo/pue 9010AU1 ue Aq pa}uat,unoop aq }snw sasuadxa algesjngwlai Iib' wAluo slseq }uawasingwlai a uo saloua6e Vjoaduou Ile o} 6u1Punj sapinoid Ajunoo JOAIN uelpui 6ulpun.I piennd je4V sai;lllglsuodsaa AouaBy ;!joaduoN • p „ (ZOOZ ` 6 4 Aienjga j uo siauolsslwwoO Ajunoo jo pieo8 Ajunoo Jan1a uelpul Aq paldope Ao1lod ww =l) a 1191HX3 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 E . Bernauer, Director Indian River County Human Services 1801 27th Street Vero Beach , Florida 32960= 3365 Recipient: Substance Abuse Council 1151 19th 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 provision and term 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 context indicates otherwise , words importing the singular number include the plural number, and vise 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 . ? . Assignment . This Contract may not be assigned by the Recipient without the prior written consent of the County . ACORD CERTIFICATE OF LIABILITY INSURANCE QA 01/1512009 Y �" f 7M. PRODOCER Pnone. (772) 562-33/39 Fax (772) 562�3466 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HILB ROGAL & HOBBS OF FLORIDA, INC . - VERO BE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2045 14TH AVE. HOLDER. THIS CERTIFICATE DOES NOT AMEND , EXTEND OR P 0 BOX 130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , VERO BEACH FL 32961 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A: HARTFORD CASUALTY INSURANCE CO. CHILD CARE RESOURCES OF INDIAN RIVER, INC . INSURER Bi HART INS CO OF SOUTHEAST 027120 1801 24TH STREET INSURER C: VERO BEACH FL 32960 INSURER D. iNECURER E : COVERAGES 7Hc KLICIES OF INSURANCE LISi'ED BELOW HAVE BEEN ISSUES) TC THE ENSURED NAMED ABOVE FOR THE POLICYPER!OO INDICATED, N01WITHSIANC' i?7C ANY REQUIREMENT . 'T€:RM OR CONDITION OF ANY CO9TR,4CT OR OTHER Di'.TCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAv PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OFSCWP6ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCI._USIONS AND CONDITIONS OF SUeli PtC:iCIES . AGGREGAIE LIMITS SHOWN MAY HAVE BFEN REDUCE [) BY PAID CLAWS ihAf O" POLICY EFFECTIVE POLICY EXMRAT)DN TYPE OF INSURANCE POLICY NUMBER OATS MWDD+YY DATE MMIDO" LIMITS GENERAL LIABILITY 21 SBA FP5973 DV 10/14/08 10/14109 EACH OCCURRENCE $ 1 ,000.000 X COMMERCIAL GENERAL i IABiLITY DiMA F 10RENTE0 T 300,000 PREMISES (Fa 4c , lin ) CLAIMS MADE X OCCUR MFD EXP u'Any one porsnn; $ 10,000 A YES PERSONAL & ADV INJURY $ 1 , 000,000 : GENFRAL. AGCRFGAIF $ 2,000 , 000 GF%'L AGGREGATE LRAIT APPLIES PER PROW IC I S- CpMP1i 1p AGG $ 2 , 0001000 PRO POLICY JE.CT LOC . AUTOMOBILE LIABILITY 21 SBAFPS973 DV 10/14/08 10/14109 COMBINED SINGLL I IMIT ANY AUTO (Fa accident) s 1 ,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) S SCHEDULED ALTOS A YES X H)RED AUTOS BG011 Y ISd,jl1RY � X NOWOOMED AUTOS We IxC,dactj PROPERTY DAMAGE. ,. (Per accCerrt; GARAGE LIABILITY AUTO ONi Y 4 EA, ACCIDENT S ANY AUTO OTHER 2>1AM ; AA'C S AUTO ONLY EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE '. S OCCUR CLAIMS MADL AGGREGATE S S DEDUGTIBt.t RETENTIONWC FA w .� WORKERS COMPENSATION AND 21WECDQ8422 10114/08 10114109 1OInns 0 EMP"KOYERS' LIABILITY F . EAC}< ACLu)LN1 s 501 B ANY ''�TROPRIETORIPARTNERIEXFCUTIVE OFFll'°ERIMEM6ER EXCLUDED? E L. D;SEA3 F.A EPtPLOYEe 5 500 , 000 it yes. deacrle, under SPEC.AL PROVISIONS below E. L. DISEASE-POL1rY LiMiT , 5 '500,000 OTI FR DESCRIPTION OF OPERATIONS/LOCATIONSNEHtCLES1EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY AND BUSINESS AUTO LIABILITY AS PER POLICY FORM AND PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANLELLF0 Et: FORt s` iE EXPIRATION DATE THEREOF , THE ISSUING INSURER Wit ENDEAVOR TC) MA ., t6 z;F+Y :J WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEi bbl FA. . t+RE TO CTO SO SHALL NAPOSE NO OBLIGATION OR LIARiL'TY OF 1'tNY KbNt) UPfSN Ti iFlNS+ Nr' INDIAN RIVER COUNTY ITS AGENTS OR REPRESENTATIVES 1801 27TH STREET AUTHORPWeD REPRESENTATIVF VERO BEACH FL 32960-3365 Attention: Michas ACORD 25 (2001108) Certificate 4 1 '18704 ig) ACORD CORPORATION 1988 POLICY NUMBER : 21 SBA FP5973 DV COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ THIS CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance is primary for the person or organization shown in the schedule , but only with respect to liability arising out of your work or that insured by or for you . Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement . All other endorsement provisions , conditions and exclusions of this insurance shall remain unchanged and apply to the additional insured and described below. SCHEDULE ADDITIONAL INSURED CONTRACTIPROJECT INDIAN RIVER COUNTY 1301 27TH STREET VERO BEACH FL 32960 -3365 NAMED INSURED CHILD CARE RESOURCES OF INDIAN RIVER , INC , 1801 24TH STREET VERO BEACH FL 32960 Certificate # 118704 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy (ies ) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s ) . if SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s ) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer( s ) , authorized representative or producer , and the certificate holder , nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . Certificate X3118704 ACORD 25.S (2001108)