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Home My WebLink About2009-315 46 Substance Abuse Drug Testing Program 20104AGC - INRI -2 -4X -078 AGREEMENT THIS AGREEMENT made this 8 day of December, 2009 , between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA , 180127 " STREET, Vero Beach , Florida 32960 (the " County") and The SUBSTANCE ABUSE COUNCIL OF INDIAN RIVER COUNTY , 1507 20j] , Street, Vero Beach , FL 32960 (the " Contractor" ) , 1 . SCOPE OF SERVICES A . The Contractor will provide a comprehensive range of coordination and administration of Bryne State and Local Law Enforcement Formula Grant activities for Indian River County pursuant to the Anti - Drug Abuse Act of 1988 and the application submitted by the County to the State of Florida, Department of Law Enforcement , Office of Criminal Justice Grants , ("grant agreement " ) . B . The Contractor will provide the following range of services : 1 . Substance Abuse Policy Board meetings 2 . Substance abuse prevention issue and research papers 3 . Monitoring and coordination of programmatic and fiscal reviews of funded programs Co The Contractor shall perform and maintain records consistent with the grant agreement . Said records shall be made available to the County upon request . D . The Contractor is responsible and accountable for complying with Section G , Acceptance and Agreement , under the Drug Control System Improvement Formula Grant Program for FY 2010 Funding , II . TIME OF PERFORMANCE The Contractor agrees to begin to provide the services described above to the offenders between October 1 , 2009 through September 30 , 2010 , and to perform such services in a professional and timely manner . Such services shall be provided five days a week (Monday through Friday ) . 1 III . COMPENSATION The Contractor shall provide all required services as described above at a cost not to exceed $ 25 , 979 to be paid as set forth herein . This charge includes all budgeted items for actual documented cost incurred in connection with the Substance Abuse Council Drug Testing Program . The payment shall be on a monthly reimbursement basis for counseling fees in accordance with schedule attached hereto as Exhibit "A " beginning October 1 , 2009 and ending on September 30 , 2010 . The Contractor shall provide the County with monthly financial claim reports on State required forms without deviations . The monthly reports shall be due on or before the 10`h of each month beginning November 10 , 2009 . The final report shall be due on or before October 10 , 2010 . IV . TERM OF AGREEMENT The term of this Agreement shall begin October 1 , 2009 , and shall run through and including September 30 , 2010 . V . INDEMNIFICATION AGAINST CLAIMS The Contractor is , and shall be , an independent contractor and operator, responsible to all parties for all of her acts or omissions and the County shall in no way be responsible for such acts or omissions . The Contractor shall indemnify and hold harmless the County , and its officers , agents , and employees , from and against any and all liability , claims , demands , damages , fees , fines , penalties , suits , proceedings , actions , judgements and causes of action , including costs and attorney fees of any kind and nature arising out of or in any way connected with the Contractors performance , administration or supervision of the above described services , or the use or occupation of any facility hereunder by the Contractor or her agents , employees , clients , or invitees , or resulting from injury to person or property , or loss of life or property , of any kind or nature whatsoever, or from professional malpractice , during the term of this agreement . 2 VI . INSURANCE The Contractor shall , at least ten ( 10) days prior to the commencement of any work , provide to the County a certificate of commercial general liability insurance with a reputable insurance company , subject to approval by the County ' s Risk Manager, in an amount not less than $ 1 , 000 , 000 combined single limit for bodily injury and property damage , in accordance with the County ' s Administrative Policy Manual . The Contractor shall , at least ten ( 10) days prior to the commencement of any work, provide to the County a certificate of business auto liability insurance with a reputable insurance company subject to approval by the County ' s Risk Manager in an amount not less than $ 500 , 000 per occurrence combined single limit for bodily injury and property damage in accordance with the County ' s Administrative Policy Manual . The general liability and auto liability insurance policies shall name Indian River County , a political subdivision of the State of Florida , as an additional insured . In addition , if required by law, the Contractor shall , at least ten ( 10) days prior to the commencement of any work , or at such subsequent time that it becomes required by law, provide to the County a certificate of worker ' s compensation insurance with a limit of $ 100 , 000 for each accident, $ 500 , 000 disease (policy limit) and $ 100 , 000 disease (each employee) in accordance with the County ' s Administrative Policy Manual . The Contractor shall provide to the County at least thirty ( 3 0 ) days ' written notice by registered mail , return receipt requested, addressed to the County ' s Risk Manager, prior to cancellation or modification of any required insurance . VII . REPORTS The Contractor shall provide the County with monthly financial claim reports on State required forms without deviations . The monthly report shall be due on or before the 10th of each month beginning on November 10 , 2009 . The final report shall be due on or before October 10 , 2010 . 3 VIII . NOTICES All notices , requests , consents , and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messengers or courier service , telecommunicated , or mailed by registered or certified mail (postage prepaid) return receipt requested , addressed to : As to County : Jason Brown , Budget Director Indian River County 1801 27" STREET Vero Beach, Fl 32960 ( 772 ) 226 - 1214 As to Contractor : Substance Abuse Council of IRC 15072 01h Street Vero Beach , FL 32960 ( 772 ) 7704811 or to such other address as any party may designate by notice complying with the terms of this Section . Each such notice shall be deemed delivered ( a) on the date delivered , if by personal delivery , (b) on the date upon which the return receipt is signed , or delivery is refused , or the notice is designated by the postal authorities as not deliverable , as the case may be , if mailed . IX . TERMINATION Either party shall have the right to terminate this agreement for any reason upon written notice provided to the respective party thirty ( 30) days prior to termination . The County shall have the right to terminate this Agreement for failure to comply with terms and conditions set forth herein upon ten ( 10 ) days prior written notice to the Contractor . In the event of termination , the County shall pay the Contractor for all services rendered prior to the date of termination . 4 X . NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure , terms , conditions or privileges of employment , or any matter directly or indirectly related to employment because of age , sex or physical handicaps ( except where based on a bonafide occupational qualification) ; or because of marital status , race , color, religion, national origin or ancestry . XI . COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal , state , and local laws and regulations in the provision of services hereunder . XII . ASSIGNMENT The Contractor shall not assign this agreement without the prior written approval of the County . XIII . CONFLICT OF INTEREST Contractor hereby represents and warrants that neither it nor any of its directors , officers , members , partners , or employees has any interest nor shall they acquire any interest , directly or indirectly , which would or may conflict in any manner or degree with the performance or rendering of the services herein provided . Contractor further represents and warrants that in the performance of this agreement no person having such interest or possible interest shall be employed by it . No elected official or other officer or employee of the County of Indian River nor any person whose salary is payable , in whole or part , from County Treasury , shall participate in any decision relating to this agreement which affects his/her personal financial interest or the financial interest of any corporations , partnership or association in which he/she is , directly or indirectly, interested, nor shall any such person have any financial interest, direct or indirect, in this agreement or in the process thereof. 5 XIV . ENTIRE AGREEMENT This Agreement contains the Entire Agreement of the parties and shall not be extended or modified except in writing and agreed to by both parties . XV . VENUE In the event it is necessary for either party to initiate legal action regarding this Contract, Venue shall be in the Nineteenth Judicial Circuit for Indian River County, Florida, or the State District Court for the Southern District of Florida. IN WITNESS WHEREOF , the County and the Contractor has subscribed this agreement as follows : ATTEST : BOARD OF COUNTY COMMISSIONERS INDI RIVER COUNTY, FLORIDA BY : �. C ��— Witness Peter D . O ' Brian, Chairm n BCC Approved : December 8 ,, 2009 Zi( 4w County Attorney SUBS CE ABUSE NCIL OF I MAN R ER C UNT BY : Deryl Loar fiairman APPROVED : tounty dministrator 6 Exhibit " A " Schedule of reimbursement expenses is attached hereto as Exhibit A . Contractual Services $ 259979 Total services $259979 7