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HomeMy WebLinkAbout2009-065P 61 ,9 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 Catholic Charities of the Diocese of Palm Beach , Inc . , ( Recipient) , of: Catholic Charities of the Diocese of Palm Beach , Inc . , P . O . Box 109650 Palm Beach Gardens , Florida 33410-9650 Samaritan Center 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 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: FORTY THOUSAND , DOLLARS ( $40 , 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 ( iii ) 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 Davis , Chairman Attest: J . K. Barton , Clerk By : Deputy Clerk n Approved : Jose A . Baird County Administrator Approved as to form and legal sufficiency : aMarian `' E . Fell , ssistan ounty ttorney RECIPIENT : By : Catholic Oariiles of the Did ese of Palm Beach , Inc . tnd11nHwtf CM ACprovec ---- � � 3 _ Admin. - Legal `— - - Budget Risk Mgr . - 4 - ATE L ACORDT„ CERTIFICATE OF LIABILITY INSURANCE DIDD/YYYY) 033 / 26/ 26 / 08 PRODUCER 1 - 305 - 592 - 6080 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J . Gallagher Risk Management Services , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND , EXTEND OR 8200 N . W . 41st Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Miami , FL 33166 Antonio B . Abella - A000306 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Underwri tars At Lloyds London 15792 DIOCESE OF PALM BEACH CATHOLIC CHARITIES OF PALM BEACH , INC . INSURER B: NATIONAL CATHOLIC RRG 10083 9995 N . MILITARY TRAIL INSURER C: PALM BEACH GARDEN , FL 33410 INSURERD: 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 . INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LIMBS LTR N R POLICY NUMBER E A GENERAL LIABILITY J086033 04 / 01 / 08 04 / 01 / 09 EACH OCCURRENCE $ 1 , 000 , 000 B X COMMERCIAL GENERAL LIABILITY RRG1050 - 09 04 / 01 / 08 04 / 01 / 09 PREMISES DAVAGE TO RF=NTLrence $ Included CLAIMS MADE OCCUR MED EXP (Any one person) $ Nil PERSONAL & ADV INJURY $ 10000 , 000 GENERAL AGGREGATE $ 1 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 1 , 000 , 000 POLICY 7 PRQT F1 O- LOC A AUTOMOBILE LIABILITY J067033 04 / 01 / 07 04 / 01 / 08 COMBINED SINGLE LIMIT $ l , 000 , oao B X ANY AUTO RRG1050 - 09 04 / 01 / 08 04 / 01 / 09 (Eaaccident) ALLOWNEDAUTOS BODILY INJURY $ (Perperson) SCHEDULEDAUTOS X HIREDAUTOS BODILYINJURY $ (Peraccident) X NON-OWNEDAUTOS PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTOONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACHOCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ TH A WORKERS COMPENSATION AND J086033 04 / 01 / 08 04 / 01 / 09 X WCSTATU- OR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 5001000 ANY PROPRI ETOR/PARTNER/EXECUII VE OFFICERIMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500 , 000 Ifyes, describeunder E.LDISEASE - POLICY LIMIT $ 500 , 000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Wherever Insurer A is shown : $ 250 , 000 Self Insured Retention is included within the limits CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY FOR THE COUNTY FUNDING FOR THE SAMARITAN CENTER , 3650 41 STREET , VERO BEACH , FL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION INDIAN RIVER COUNTY , FLORIDA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE 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 - 3365 USA AUTHORIZEDREPRESENTATIVE V ACORD 25 (2001 /08) riazmia © ACORD CORPORATION 1988 8378863 9;t olic arities — Samaritan Center IRC Children ' s Advisory Committee PROGRAM COVER PAGE 6rganizati.on Name : Catholic CharitiesExecutive irector: Dr. Thomas A. Bila &mail : tbilana , bellsouth .net Address : P.O . Box 109650Telephone : 561 775-9560 Palm Beach Gardens FL 33410 Fax : 561 625-5906 Program Director: Elisa Bland E-mail : ebland(i bellsouth. net Address 3650 419f Street Telephone : 772 770-3039 Vero Beach, FL 32967 Fax: 772 567-0812 Program Title : The Samaritan Center for Homeless Families Priority Need Area Addressed: Expand preventative, remedial and support programs for students with emotional, behavioral and performance problems. Improve and enhance community-based programs that address the unique challenges of adolescents ' healthy social behaviors , positive self-esteem , develop healthy relationships and make positive higher education and career decisions. Brief Description of the Program : Taxonomy: Homeless Shelter BH480 .850 — Program that provides a temporary place to stay for people who have no permanent housing. Child Abuse Prevention — FN- protect children from physical , sexual and/or emotional abuse or exploitation through a variety of educational interventions which may focus on children of various ages, parents, people who work with children and/ or parents regarding ways of avoiding or handling an abusive situation and/or information about the indicators and incidence of abuse, requirement for reporting abuse and community resources that are available to children who have been abused and to their families. SUMMARY REPORT — (Enter Information In The Black Cells Only) Amount Requested from Funder for 2008 / 09 : $ 62 , 074 . 00 Total Proposed Program Budget for 2008 / 09 : $ 821 , 037 . 00 Percent of Total Program Budget : 7 . 6 % Current Program Funding ( 2007 / 08 ) : $ 40 , 000 Dollar increase / ( decrease ) in request : $ 221074 Percent increase / ( decrease ) in request * * 55 . 2 % Unduplicated Number of Children to be served Individually : 50 Unduplicated Number of Adults to be served Individually : 38 Unduplicated Number to be served via Group settings : - Total Program Cost per Client : 9329 . 97 * *If request increased 5 % or more, briefly explain why: Last year we did not receive the full funding amount requested ; therefore, we have requested the full amount again this year with a 3 % increase on the salaries and $3 ,000 for educational supplies . If these funds are being used to match another source, name the source and . the $ amount : The hree Positions requested in this grant are also beinE partiallyfunded by United WavofRZC totalin 7,3614 The Organization 's Board of Directors has approved this appli t ' . - fi (date) Mary Cleary_Ierardi Name of President/Chair of the Board S ' �t �_L�-'L��� Thomas A. Bila 4 Name of Executive Director/CEO Signature SUMMARY ONLY — COMPLETE NA HI PROPOSAL ON FILE AT HUMAN SERVICES OFFICE EXHIBIT B (From policy adopted by Indian River County Board of county Commissioners on February 195 2002) " D . Nonprofit Agency Responsibilities After Award 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 and (September 30t) must be submitted on a timely basis . Each year, the Office of Management and 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 expense by type . These summaries should be broken down into salaries, benefit , 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 E . Bernauer, Director Indian River County Human Services 1801 27th Street Vero Beach , Florida 32960-3365 Recipient: Catholic Charities 3650 41 ' St. Vero Beach , FI 32967 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 nd 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 . 7 . Assignment . This Contract may not be assigned by the Recipient without the prior written consent of the County .