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HomeMy WebLinkAboutHelping Services for Northeast Iowa, Inc.-Subcontract Agreement-10.26.2009 Helping Services for Northeast Iowa HELPING SERVICES FOR NORTHEAST IOWA, INC SUBCONTRACT AGREEMENT Having entered into a contract with the First Judicial District of Iowa to provide training and compliance checks under the Enforcement of Underage Drinking Laws, Helping Services for Northeast Iowa, Inc., offers the following agreement as a subcontract for services. This agreement is made this 6`h day of October 2009, by and between Helping Services for Northeast Iowa, Inc., and Waterloo Police Department hereinafter referred to as the Subcontractor. The address of the Subcontractor is: Police Chief Tom Jennings Waterloo Police Department 715 Mulberry St. Waterloo, IA 50703 The parties hereto agree to the following: PERFORMANCE PF.R IOD The performance period of this Agreement shall be for the period of October 1, 2009 to September 30, 2010. 1 Helping Services for Northeast Iowa SCOPE OF WORK Subcontractor will perform services as defined in the Proposal submitted by Helping Services for Northeast Iowa, Inc, to the Juvenile Court Service for the First Judicial District. Services to be performed include: Alcohol compliance checks of up to 52 alcohol license holders in the City of Waterloo, Iowa; 50 hours of special event monitoring where events include a high risk of alcohol use, such as high school or college homecoming, prom or community festivals. The Subcontractor will complete both Alcohol Compliance Checks and Special Events Monitoring by August 15, 2010. If allotted hours are not used by this time the Subcontractor must notify Helping Services for Northeast Iowa in writing of their plans to use the funds by September 15, 2010 or funds may be reallocated. The Subcontractor will provide Helping Services for Northeast Iowa, Inc., with all necessary records, data, information, and documentation required for Helping Services for Northeast Iowa, Inc., to carry out its quarterly reporting obligations to the Juvenile Court Service for the First Judicial District, and will assist Helping Services for Northeast Iowa, Inc, staff in complying with contract obligations for reporting and program evaluation. CONTRACT EXECUTION The Subcontractor shall provide evidence of general liability insurance and professional liability insurance (see below) naming Helping Services for Northeast Iowa as additionally insured, and workers compensation insurance coverage for the Subcontractor's employees. Documentation of this insurance coverage must be provided at the time this subcontract executed by the Subcontractor and returned to Helping Services for Northeast Iowa. PAYMENT FOR SERVICES Payment for services under this contract shall be as follows: Reimbursement requests are to be invoiced to Helping Services within 30 days of the service date. All reimbursement requests must be received by September 30, 2010. The invoice must list the date, time, location, and results of each compliance check. 2 Helping Services for Northeast Iowa The subcontractor will be reimbursed at a rate of$50.00 /compliance check for a maximum of 52 checks. Maximum reimbursement for compliance checks will not exceed $2,600.00. In the event that budgeted EUDL grant funds are available, additional compliance checks can be reimbursed at the rate of$50/check at the discretion of Helping Services. The rate of reimbursement for event monitoring will be $35.00 per hour for overtime hours for a maximum of 50 hours. Maximum reimbursement for event monitoring will not exceed $1,750.00. All claims must be accompanied by appropriate documentation supporting the claim. Subcontractor shall provide uncontested access to contract related records by any appropriate federal or state agents, including the Juvenile Court Service for the First Judicial District and its representative, and to Helping Services for Northeast Iowa, Inc., and retain said records for not less than five (5) years. This includes any financial, procurement, and local match records required for Helping Services for Northeast Iowa, Inc., closeout and audit. All requests for reimbursement shall be sent, within 30 days of the date of service, to: Fiscal Manager/Terry Casterton Helping Services for Northeast Iowa,Inc. P.O. Box 372 Decorah, IA 52101 Helping Services for Northeast Iowa, Inc., shall be obligated to provide said funds for reimbursement of Subcontractor expenses only on the condition that said funds shall be available from the State of Iowa, Inc. Failure of Helping Services for Northeast Iowa, Inc., to receive grant funds from the Juvenile Court Service for the First Judicial District shall cause this agreement to be teuiiinated. SUBCONTRACTOR STATUS 1. Nothing in the execution and performance of this Agreement shall be construed to establish and employer-employee relationship between Helping Services for Northeast Iowa, Inc, and Subcontractor. 3 Helping Services for Northeast Iowa 2. The Subcontractor represents that it is an independent contractor for purposes of tax withholding on the payment of fees, and acknowledges that it is responsible for any and all income and Social Security tax, which may be required on such payments. 3. The Subcontractor agrees and acknowledges that under this agreement it is not provided any health, retirement, workers compensation, or any other benefits by Helping Services for Northeast Iowa, Inc. 4. The Subcontractor represents that it maintains adequate insurance coverage for the commercial and professional activities performed under this Agreement and will provide documentation as requested in section of this contract titled "Contract Execution": General Liability $1 million; Automobile Liability covering hired auto and non owned autos $1 million; Excess Liability 2 million; Workers Compensation as required by Iowa Law; Helping Services for Northeast Iowa named as an additional insured on the Subcontractor's general liability policy and professional liability policy. 5. The Subcontract budget and program plan, as outlined in the Proposal submitted by Helping Services for Northeast Iowa, Inc, to the Juvenile Court Service for the First Judicial District is attached, by reference, to this Subcontract. This Subcontract is governed by the terms and conditions, including special conditions, attached by the Juvenile Court Service for the First Judicial District to the contract governing this project, which is between the Juvenile Court Service for the First Judicial District and Helping Services for Northeast Iowa, Inc. CONFIDENTIALITY of CLIENT RECORDS Subcontractor's policies and procedures shall provide that records regarding the identity, diagnosis, prognosis, and services provided to any client in connection with the performance of the contract are maintained and disclosed only for the purposes and under the circumstances expressly authorized under state or federal confidentiality laws rules or regulations. This Article 5 shall survive expiration and termination of this Agreement. AMENDMENT OF THIS AGREEMENT The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with Juvenile Court Service for the First Judicial District concurrence. Such amendments include any change in the Subcontract budget and program plan as outlined in the Proposal submitted by Helping Services 4 Helping Services for Northeast Iowa for Northeast Iowa, Inc, to the Juvenile Court Service for the First Judicial District and attached, by reference, to this Subcontract. DEFAULT In the event Subcontractor does not complete the Services in a satisfactory manner: 1. Subcontractor shall be liable to Helping Services for any additional expenses incurred by Helping Services for satisfactory completion of the Services. 2. The Subcontractor shall be obligated to pay Helping Services for any expenses reimbursed to the Subcontractor that were in support of work not completed. 3. This Article does not limit the remedies, at law or in equity, otherwise available to either party. INDEMNIFICATION Subcontractor agrees to defend, indemnify, and hold the State of Iowa, Juvenile u Court Service for the First Judicial District and Helping Services for Northeast Iowa, Inc., harmless for any damages, liabilities, or expenses related to or arising from the following: 1. Any violation of this agreement by the Subcontractor; 2. Any negligent acts or omissions of the Subcontractor; 3. Any failure by the Subcontractor to comply with federal, state, or local laws; 4. Any infringement of any copyright, trademark, patent, or other intellectual property rights. Helping Services for Northeast Iowa, Inc., shall be responsible for all damages to persons or property that occurs as a result of Helping Services for Northeast Iowa, Inc., fault negligence, gross negligence, bad faith, fraud, or other wrongful acts in the performance of this agreement. GOVERNING LAW This Agreement shall be governed and construed according to the laws of the State of Iowa. ASSURANCES 5 Helping Services for Northeast Iowa During the performance of services Subcontractor shall be in compliance with all applicable state and federal laws and rules, ordinances, and regulations. By signing this Agreement, Subcontractor certifies that the Subcontractor is in compliance with the following: All federal statutes relating to non-discrimination, including but not limited to Title VI of the Civil Rights Act of 1964 and Executive Order 11246, "Equal Employment Opportunity" as amended by E.O. 11375; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination act of 1975: and any amendments thereto. In accordance with Helping Services for Northeast Iowa, Inc., policies, Subcontractor does not have a conflict of interest in the performance of this Agreement. In witness whereof, the parties hereto have caused this Agreement to be executed in duplicate as of the date(s) set forth below. Helping Service for Northeast Iowa, Inc. Subcontractor By: By: A Uti,,-� Name: David Runyon Name: Thomas J Jennings Title: Executive Director Title: Chief of Polic Date: P 2_—c��7 Date: October 27, 200 ---" 6 -c‘1/4