Okaloosa County BOCC — October 18, 2016 — JBGVC subaward agreement — reading text

SUB AWARD AGREEMENT Between Okaloosa County Board of County Commissioners and Judge Ben Gordon, Jr. Family Visitation Center DBA Safe Connections This Subrecipient Agreement is made and entered into this ___ day of , 2016 , by and between Okaloosa County, Florida, (hereinafter the “County”) and the Judge Ben Gordon, Jr. Family Visitation Center doing business as Safe Connections, (hereinafter the “Subrecipient”). WHEREAS, on August 23, 2016 the U.S. Department of Justice Office for Violence Against Women, Justice for Families Grant Program, awarded grant number 2016-FJ-AX-0016, CFDA 16.021 Justice Systems Response to Families, to the County; and WHEREAS, the County as recipient requires participation of Subrecipient (DUNS 082060273) as set forth in the proposal for the above award grant. NOW THEREFORE, in consideration of the mutual covenants set forth below, the County and the Subrecipient agree as follows: ARTICLE I. STATEMENT OF WORK The Federal award project description, which Subrecipient shall carry out is as follows: Provide supervised visitation and safe exchange within Okaloosa County; Ongoing training for staff and court personnel; establish a consulting committee. Which is further detailed in the Project Narrative, Exhibit B, which is incorporated herein and made part of this Agreement by reference. ARTICLE II. PERIOD OF PERFORMANCE The authorized period of performance of this subagreement is from October 1, 2016 (start date) through September 30, 2019 (end date). ARTICLE III. REPORTING, COST, BILLING AND PAYMENT A. 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. B. The amount authorized for expenditure under this allotment is $548,576, which is the total amount of Federal Funds obligated and committed to the subrecipient. This amount shall not be exceeded unless this subagreement is amended. C. Subrecipient may bill the County monthly for reimbursement of actual costs incurred in the performance of the subagreement. Invoices shall be numbered, dated, cite this agreement, show cost incurred by reporting: a. The unit Cost per service; and b. A detailed list of services provided, including i. The name of the project or activity ii. A description of the project or activity Page 1 0of 10 C14-2115-GM 1il. An evaluation of the completion status of the project or activity and iv. Documentation sufficient for a pre and post audit function. v. Invoice Certification Statement and signature Invoices shall be submitted to: Abra McGill. Grant Specialist, Department of Growth Management, 1250 N Eglin Pkwy, Suite 301, Shalimar, FL 325709. D. 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 forty-five (45) days after the expiration of the 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” E. Subrecipient will generate financial reports and remit them to: Abra McGill. Grant Specialist, Department of Growth Management, 1250 N Eglin Pkwy, Suite 301, Shalimar, FL 32579, on a quarterly basis no later than ten (10) days following the end of the previous quarter. Report due dates are January 10", April 10™, July 10" and October 10", 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 agreement. Additionally, the County or its designee shall have the right from time to time at its sole expense to audit the compliance by the Subrecipient with the terms, conditions, obligations, limitations, restrictions and requirements of this Agreement. 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. governmental funds and that such audit has revealed no material findings. Subrecipient also agrees to submit a copy of their most recent annual financial statement audit no later than twenty (20) days from date of issuance to the following address: Marcella Eubanks, Contracts & Grants Manager, 302 N. Wilson Street, Suite 203, Crestview. FL 32536. Subrecipient shall maintain financial reports, supporting documents and other records pertaining to this agreement for a period of five (5) years from the termination date of this agreement. ARTICLE V. PUBLICITY AND PUBLICATION Subrecipient shall not, without prior written consent of the County, issue any press releases or in any manner advertise the fact the 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 the subagreement. ARTICLE VI. SUBCONTRACTING AND ASSISGNMENT 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 Page 2 of 10 C14-2115-GM 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 Either party may terminate this subagreement upon thirty (30) day written notice to the other party. In the event of termination, Subrecipient shall be entitled to reimbursement for all cost incurred to the date of termination and for all uncancelable obligation. In no event, however, shall the termination cause the total amount paid to Subrecipient to exceed the estimated cost set forth in Article III, above. 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. If the Subrecipient violates any provisions of this Agreement, the County may terminate the Agreement for breach of contract. If the Agreement is so terminated, the Subrecipient shall be liable for actual and consequential damages to the County. In the event of a failure by the Subrecipient to comply with any terms or conditions of this Agreement or to provide in any manner activities or other performance as agreed herein, the County reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, or prohibit the Subrecipient from incurring additional obligation of funds until the County is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of the County’s right to suspend or terminate this Agreement. The County may consider performance under this Agreement when considering future awards. The County may pursue any remedies available to it in accordance with the law. In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement but prior to its normal completion, the County may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of this agreement. Termination shall be effective upon receipt of written notice. In the case of a suspension or termination, monies already received under this Agreement may be owed back to the County. ARTICLE VIII. CHANGES & NOTICES The County and Subrecipient, within the general scope of this subagreement, may, at any time, by written notice submit a request to amend 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. Any notices to be provided the County, as the pass-through entity, shall be made to the awarding official as follows: Abra McGill, Grant Specialist Okaloosa County Growth Management Department 1250 N Eglin Pkwy, Suite 301 Shalimar, FL 32579 Page 3 of 10 C14-2115-GM Any notices to be provided to the Subrecipient is as follows: Sharon Rogers, Executive Director Safe Connections P.O. Box 436 Shalimar, FL 32579 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 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 Agreement until he/she has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. B. All insurance policies shall be with insurers licensed to do business in the State of Florida. C. The County shall retain the right to reject all insurance Agreements that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the Subrecipient. D. The insurance definition of insured or Additional Insured shall include Subrecipient, Sub- contractors, and any association or subsidiary companies of the Subrecipient, which are involved, and which is a part of the Agreement. E. 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. F. The designation of Subrecipient shall include any associated or subsidiary company involved in the project, must be named in the Worker’s Compensation coverage. G. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least (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. H. All insurance Agreements except the Worker’s Compensation shall list Okaloosa County as an Additional Insured. Subrecipient shall provide the County current Certificates of Insurance for all policies at least ten days before commencing work. I. Workers” Compensation Insurance: Page 4 of 10 C14-2115-GM 1. 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 to a contractor with the approval of the County, the Subrecipient shall require the contractor to provide Workers” Compensation insurance for all employees. Evidence of such insurance shall be furnished the County not less than ten (10) days prior to the commencement of any and all work. 2. Such insurance shall comply with the Florida Workers’ Compensation Law. 3. Coverage shall include a waiver or subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on all Certificates of Insurance. J. Business Automobile and Public Liability Insurance: 1. The Subrecipient shall maintain Business Automobile