Okaloosa County BOCC — May 17, 2016 — Subagreement — reading text

SUBAGREEMENT BETWEEN OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS AND SAFE CONNECTIONS This subagreement is made and entered into this day of , 2016, by and between the Judge Ben Gordon, Jr. Family Visitation Center, dba: Safe Connections, (hereinafter referred to as “Subrecipient”), and the Board of County Commissioners of Okaloosa County, (hereinafter referred to as the “County” or “Recipient”). WHEREAS, the County has received grant funding from the Florida Department of Law Enforcement, under the Edward Byrne Justice Assistance Grant Program, grant number 2016-JAGC-OKAL-3-H3-214; and WHEREAS, the County’s effort in accordance with the Grant the participation of the Subrecipient which resulted in the above referenced award to Subrecipient; and WHEREAS, Safe Connections has been safely providing court ordered supervised visitation and monitored exchange services for the children of the County for nincteen years; and WHEREAS, Safe Connections provides a place where all children can be free from witnessing or experiencing abuse, manipulation or domestic violence as well as a place where victimized parents can safely exchange their children without having contact with their abuser: and : WHEREAS, the parties believe it is in the best public interest to enter into this subagreement for the reasons set forth above. NOW THEREFORE, in consideration of the mutual promises set forth below, the County and the Subrecipient agree as follows: ARTICLE I. STATEMENT OF WORK Subrecipient shall carry out the scope of work as described in Exhibit A, which is incorporated herein and made part of this Agreement by reference. ARTICLE II. PERIOD OF PERFORMANCE The authorized period of performance of this sub-agreement is from October 1, 2015 through September 30, 2016. ARTICLE III. QUARTERLY REPORTING, COST, BILLING AND PAYMENT A. (i) This subagreement provides for payment on a cost reimbursement basis. The total estimated cost shall be in general accordance with the budget attached as Exhibit A. (ii) The amount authorized for expenditure (under this allotment) is $24,617. This 1 amount shall not be exceeded unless this subagreement is amended to add additional funds. Subrecipient may bill the County monthly for reimbursement of actual paid costs incurred in the performance of the subagreement. Invoices shall be numbered, dated, cite this subagreement, show cost incurred by expenditure category (salaries, fringe benefits, travel, etc.) for the current billing period and cumulative to date with supporting documentation sufficient for a pre and post audit function. Each Invoice shall include the following certification statement signed by the authorizing agent: “/ certify that the invoice is correct and that it does not duplicate reimbursement of costs or services received from other sources. In addition, I certify that reimbursement is requested only for expenditures on items approved by the terms and conditions of the agreement with the County.” Invoice and supporting documentation is to be submitted to: Catherine White, Drug Court Manager, 100 West Maxwell Street, Pensacola, Florida, 32501. The County will make provisional payment on all invoices submitted in accordance with the terms of this agreement. The final invoice, clearly marked “Final,” must be submitted within twenty-five (25) days after the expiration date of this agreement. The final invoice shall include the following certification: “Payment of this final invoice shall constitute complete satisfaction of all of the County’s obligations under this agreement and Subrecipient releases and discharges the County from all further claims and obligations upon payment hereof.” Subrecipient will generate Quarterly Financial Reports and remit them to: Catherine White, Drug Court Manager, 100 West Maxwell Street, Pensacola, Florida 32501, on a calendar quarter basis no later than ten (10) days following the end of the previous quarter even when no reimbursement is being requested. Report due dates are: January 10, 2016, April 10, 2016, July 10, 2016, October 10,2016, and FINAL REPORT, October 25, 2016. Subrecipient will generate Quarterly Project Performance Reports and remit to: Catherine White, Drug Court Manager, 100 West Maxwell Street, Pensacola, Florida 32501 on a calendar quarter basis no later than ten (10) Days following the end of the previous quarter. Report due dates are: January 10, 2016, April 10, 2016, July 10, 2016, October 10, 2016, and FINAL REPORT, October 10, 2016 ARTICLE IV. RECORDS AND AUDITS Subrecipient shall maintain accurate records of all costs incurred in the performance of this work and agrees to allow representatives of the County, the Florida Department of Law Enforcement, and the U.S. Department of Justice reasonable access to its records to verify the validity of expenses reimbursed under this subagreement. Subrecipient hereby warrants that it conducts audits as required by OMB Circulars, federal cost principles, or cost accounting standards applicable to its performance as a recipient of U.S. government funds and that such audit has revealed no material findings. Subrecipient also agrees to submit a copy of their most 2 recent annual financial statement audit no later than twenty (20) days from date of issuance to the following address: Marcella B. Eubanks Contracts & Grants Manager 302 North Wilson Street Suite #203 Crestview, FL 32536 Subrecipient shall maintain financial records, supporting documents and other records pertaining to this agreement for a period of five years from the termination date of this agreement. ARTICLE V. PUBLICITY AND PUBLICATION Subrecipient shall not, without the prior written consent of the County, issue any press releases or in any manner advertise the fact that Subrecipient has entered into this subagreement. All publications resulting from.the work under this agreement will acknowledge that the project was supported by the federal award identified in the recitals of this subagreement. ARTICLE VI. SUBCONTRACTING AND ASSIGNMENT Subrecipient shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, nor shall this subagreement be assigned, without the prior written authorization of the County. Nothing contained in this subagreement shall create any contractual or agency relationship between a lower tier subrecipient or assignee and the County. ARTICLE VII. TERMINATION A. Either party may terminate this subagreement upon thirty (30) days written notice to the other party. In the event of termination, Subrecipient shall be entitled to reimbursement for all costs incurred to the date of termination and for all uncancelable obligations. In no event, however, shall the termination cause the total amount paid to Subrecipient to exceed the estimated cost set forth in Article 111, Paragraph A (ii) above. B. Within sixty (60) days of the effective date of termination, Subrecipient shall submit to the County a final report, a final financial report and final invoice. ARTICLE VIII. CHANGES The County, within the general scope of this subagreement, may, at any time, by written notice to Subrecipient, issue additional instructions, require additional services, or direct the omission of services covered by this subagreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim for such an adjustment must be made within thirty (30) days of the receipt of said written notice. ARTICLE IX. INDEMNIFICATION Subrecipient shall defend, indemnify and hold the County, its officers, employees, and agent harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), or claims for injury or damages arising out of the performance of this subagreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s 3 fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Subrecipient, its officers, agents, or employees. ARTICLE X. INSURANCE REQUIREMENTS A. The subrecipient shall not commence any work in connection with this subagreement until he/she has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Manager. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X, in the Best Key Rating Guide published by A.M. Best & Co., Inc. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Subagreement. Further, the County reserves the right to change these insurance requirements with a sixty (60) day notice to the Subrecipient. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any association or subsidiary companies of the Subrecipient, which are involved, and which is a part of the contract. The County reserves the right, at any time, to require the Subrecipient to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. The designation of Subrecipient shall include any associated or subsidiary company involved in the project and must be named in the Workers® Compensation coverage. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the Okaloosa County Risk Management Officer. All insurance contracts, with exception of Workers” Compensation, shall list Okaloosa County as an Additional Insured. Subrecipient shall provide the County with current Certificates of Insurance for all policies at least ten (10) days before commencing work. Workers’ Compensation Insurance: A. The Subrecipient shall secure and maintain, during the life of this agreement, Workers” Compensation insurance for all employees employed including supervision, administration, and management personnel. In case any work is sublet with the approval of the County, the Subrecipient shall require the Subcontractor to provide Workers’ Compensation insurance for all employees. 4 Evidence of such insurance shall be furnished to the County not less than ten (10) days prior to the commencement of any and all subcontracted work. B. Such insurance shall comply with the Florida Workers’ Compensation Law. C. Coverage shall include a waiver or subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on all Certificates of Insurance. Business Automobile and Public Liability Insurance: A. The Subrecipient shall maintain Business Automobile liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- Owned & Hired motor vehicle coverage. B. The Subrecipient shall carry other Public Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. C. In addition to the required coverage in B above, Public Liability coverage shall include the following: (1) On and Off Premises Operational Liability; (2) Personal Injury Liability Insurance; 3) Independent Contractor Liability; 4) Completed Operations and Products Liability; and (5) Pollution Liability. D. All liability insurance shall be written on an occurrence basis and shall not be written on a claims-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the LIMITS OF LIABILITY, the Subrecipient shall notify the County