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HomeMy WebLinkAbout2009-065C a � ► G � � � Av INDIAN RIVER COUNTY GRANT CONTRACT This Grant Contract ("Contract entered into effective this 16t day of October 2008 , by and between Indian River County, a political subdivision of the State of Florida ; 1840 25th Street, Vero Beach , Florida , 32960-3365 ; and Substance Abuse Council of Indian River County Recipient) , of: Substance Abuse Council of Indian River County4e 1151 19th Street ) x Vero Beach , Florida 32960 The Right Choice Program 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's 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: NINETY THOUSAND , DOLLARS ($90 , 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. z 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 x 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 . IN WITNESS WHEREOF , County and Recipient have entered into this Contract on the date first above written . - 3 - INDIAN RIVER COUNTY BOARD OF COMMISSIONERS es e� S Davis, Chairman Attest : J . K. Barton , Clerk z By: co � Deputy Clerk Approved : Joseph A. Baird County Administrator Approved as to form and legal sufficiency: y: mss Marian E. FeIVA istan County Attomey RECIPIENT: By: Substance Abuse Council of Indian River County . vr '('.s- '17 Nf-e,. ► CSD d' an ?w r Ca A rn - L � udgei I GEf) 1. _ 1 / b Risk fv1 g� - 4 - Substance Abuse Council of Indian River County Right Choice Program CSAC of IRC PROGRAM COVER PAGE Organization Name : Substance Abuse Council of Indian River County �> Executive Director : Colette Heid E- mail : sacirc abellsouth . net / Address : 1151 19th Street Telephone : 772 - 770-4811 Vero Beach, Florida 32960 Fax : 772 - 7704822 Program Director : Colette Heid E-mail : sacirc(a ,bellsouth . net Address : 1151 19th Street Telephone : 772 -7704811 Vero Beach, Florida 32960 Fax : 772 -7704822 Program Title : Right Choice Program Priority Need Area Addressed: DRUG ABUSE PREVENTION- Increase drug and alcohol abuse prevention programs aimed at the elementary and secondary populations especially older teens LX- 65 . 800 Substance Abuse Counseling (According to the Taxonomy of Human Services) Brief Description of the Program : The Right Choice program is a comprehensive 26 week education and counseling program that is targeted at reducing and preventing substance use/abuse among older youth This program is designed to change adolescent and parental perceptions of risk vs. benefits ofATOD use Parental use or parental attitudes towards use of ATOD also correlates with adolescent attitudes. By impacting these factors, a reduction in drug use/abuse promotes increased mental health of the individual SUMMARY REPORT — (Enter Information In The Black Cells Only) Amount Requested from Funder for 2007 / 08 : $ 116 , 300 . 00 Total Proposed Program Budget for 2007 / 08 : $ 116 , 300 . 00 Percent of Total Program Budget : 100 . 0 % Current Program Funding ( 2006 / 07 ) : $ 905000 Dollar increase / ( decrease ) in request : $ 26 , 300 Percent increase / decrease in request * * 29 . 2 % Unduplicated Number of Children to be served Individually : 385 Unduplicated Number of Adults to be served Individually : 50 Unduplicated Number to be served via Group settings . 385 Total Program Cost per Client : 141 . 83 * * If request increased 5 % or more , briefly explain why : The Council continues to see an increase in the number of youth referred to and served by this program . In the FY07-08rg ant cycle , we have experienced a 10 % increase in the number of youth served . We anticipate that the current demand for services will continue , if not increase . The increase in funding will be used to provide additional program services . Additionally the program has been subsidized by the Council in the past three years which will not occur this year as other funding sources are dainup . If these funds are being used to match another source, name the source and the $ amount :_ The Organization 's Board of Directors has approved this application on (date) . 44 &2008 Jane Burton Name of President/Chair of the Board Colette Heid . 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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 . Bemauer, 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 . 7 . Assignment . This Contract may not be assigned by the Recipient without the prior written consent of the County . ACORD CERTIFICATE OF LIABILITY INSURANCE j DAT0129/2009 TM. PRODUCER Phone : (772) 562-3369 Fax: (772) 562-3466 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HILB ROGAL & HOBBS OF FLORIDA, INC . - VERO BEACH 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 NAIC # j INSURED INSURER A: Westport Insurance Corp _ SUBSTANCE ABUSE COUNCIL OF INDIAN RIVER COUNTY , INC . INSURER B : Westport Insurance Corp _ 1151 19TH STREET INSURER C : Guarantee Insurance Co VERO BEACH FL 32960 INSURER D : 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 ALLTHE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSRADD'L� TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD, DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY WCP120009370300 01 /25/09 01 /25/10 EACH OCCURRENCE $ 13000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES PREMISESS ( RENTED occurence) $ 100 , 000 CLAIMS MADE ^ OCCUR MED . EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $ 17000 , 000 GENERAL AGGREGATE $ 3 , 0001000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG. $ 3 , 000 , 000 PRO- POLICY j JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ( Ea accident) $ ALL OWNED AUTOS BODILY INJURY (Per person) $ ILI SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ j ( Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC $ — AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY WUM120009370700 01 /25/09 01 /25/10 EACH OCCURRENCE $ — 170001000 X OCCUR �- j CLAIMS MADE AGGREGATE $ 1 , 000 , 000 B $ ------ DEDUCTIBLE $ X RETENTION $ 10 , 000 $ WC STATU- OTHER WORKERS COMPENSATION AND GWGC100002483 - 109 01 / 10/09 01 /10/10 TORY LIMITS _- EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ 100 , 000 C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E. L. DISEASE-EA EMPLOYEE $ 100 , 000 i If yes, describe under '. SPECIAL PROVISIONS below E. L. DISEASE-POLICY LIMIT $ 500 , 000 OTHER : PROFESSIONAL LIABILITY WCP120009370300 01 /25/09 01 /25/10 $ 1 , 000 , 000 - PER INCIDENT A $ 3 , 000 , 000 - AGGREGATE NO DEDUCTIBLE DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE SSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO T CERTIFI ATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL /MPO NO OBLIG ION OR LIABILI F ANY KIND UPON THE INSURER , INDIAN RIVER COUNTY IT'S AGENTS OR REP SENTATIV BOARD OF COUNTY COMMISSIONERS AUTHORIZED REPRE ENT 1801 -27TH ST , BLDG A VERO BEACH , FL 32960 Attention : ACORD 25 ( 2001 /08 ) Certificate # 118910 © ACORD CORPORATION 1988