R92-179RESOLUTION NO. R92-/7~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN AGREEMENT BETWEEN CHILDREN'S
SERVICES COUNCIL OF PALM BEACH COUNTY, AND THE
CITY OF BOYNTON BEACH POLICE DEPARTMENT,
PURSUANT TO THE COUNCIL ' S 1992-93
APPLICATION/RFP PROCESS FOR THE
RECREATION/ATHLETICS/POLICE (R.A.P.) PROGRA~;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Comm. ission of the City of Boynton
Beach, Florida has entered into an agreement pursuant to the
Council's 1992-93 Application/RFP process for the
Recreation/Athletics/Police (R.A.P.) Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized to execute a certain Agreement between the City of
Boynton Beach, Florida and Chidren's Services Council of Palm
Beach County, a political subdivision of the State of Florida
for the Recreation/Athletics/Police (RoA.P.) Program.
Section 2. That this
effective October 1, 1992.
PASSED AND ADOPTED this
Resolution shall become
__ day of October, 1992.
CITY OF BOYNTON BEACH,
Mayor
FLORIDA
ATTEST:
~ sioner
(Corporate Seat)
Au~hs~.doc
BB~. ~s tO f f
Contract No. 92-081
1992-93 GOVERNMENTAL uNiT AGREEMENT
Page i
A~EEMENT
THIS AGREEMENT, entered into as of this 1st day of
October, 1992, Dy and between the Children,s Services
Council of Palm'Beach County, a poli,ticat subdivision of
the State of Florida (hereinafter referred to as
"Council") and The Cit2 of Boynton Beach (hereinafter
referred to as "Provider-), for the period from October 1,
1992 ("Effective~Date"), to September 30, 1993.
W I T N E S $ E T H : In consideration of the mutual
agreements hereafter contained, the parties, intending to
be legally bound, hereby agree as follows:
THIS AGREEMENT has been entered into pursuant to the
Council's t992v93 Application/RFP process and Provider's
response thereto #92-77B and any 9ddendums accepted by the
Council. Those portions of Exhibits A, B, C and D
contained herein that differ from the original proposal or
application shall be deemed to be addehd~S thereto and
sh~ll control over any inconsistent provision of the
original proposal.
The Council agrees to reimburse to the Provider sums
up to $16,190 for provision of services~
described in the attached composite Exhibit "A"
(consisting of the Program Evaluation Model and the
Program Organizational Chart) attached hereto and made
a part hereof; composite Exhibit "B" (consisting of
the CSC Budget Forms A and B submitted by Provider)
attached hereto and made a part hereof~; and Exhibit C
(consisting of the Program Data Form) ~ttached hereto
and made a part hereof. It is expressly understood
and agreed, by and between the parties, that the
services to be rendered hereunder by the Provider
shall be provided in compllance with all terms and
conditions set forth in Exhibit "A", "B", and "C" and
in the Conditions of Award attached hereto and made a
part hereof as Exhibit "D", as well as the terms and
conditiohs of this document.
2. The Provider agrees to comply with all applicable
federal, state and local laws.
3. The Provider agrees to comply with the following
requirements:
To maintain books, records and documents in
accordance with normally accepted accounting
procedures and practices, which sufficiently and
properly reflect all expenditures of funds
provided by the Council under the Agreement.
To assure that these records shall be
available, upon reasonable notice, to inspection,
review or audit by the Council and personnel duly
081GOVA.DOC
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10:12 am
Contract No. 92-081
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 2
review or audit by the Council and personnel duly
authorized by the Council to make such inspection
review or audit. '
To submit, upon completion of the period of this
Agreement, a GAO Standard Financial and Compliance
Audit ("the Audit") within 120 days of the
Provider's fiscal year end. In the event that
Provider,s fiscal year end occurs prior to the
completion of the term of this Agreement, Provider
will supply the audit and accompanying management
letter for each of the Provider's fiscal years
o¢currin~ during the term of this Agreement, each
such audit and management letter to be provided~
within 120 days of the Provider's fiscal year end.
To maintain and file with the Council such
progress, fiscal, inventory, and other reports as
the Council may require during the terms of the
Agre~em~n~.
To include these aforementioned audit and
record~keepingrequirements in all approved
subcontracts and assignments.
To acknowledge, to the extent feasible and
appropriate, Council. funding of the program
~d~ied in ~hibi~ "A" i~ publications,
Dul±etlns, publlc relations activity, and
stat'ionery of Provider.
4. The Provider agrees:
Co
To retain a~tl financial records, supporting
documents, ~tatistical records and any other
documents pertinent to this Agr~emen~ for a period
of f~ve (5). yea=s following termination of this
Agreement Or, if an audit has been initiated and
audit findings have not been resolved at th~ ~nd
of the flve year period the records shall be
retained until resolution of all audit f~indings.
Persons duly authorized by the Council shall have
full access, to ~nd the right to examine any of
said materials during said period.
To permit access by persons duly authorized
by the 'Council, upon~reasonable notice, to
the Pro,ram(s) funded by the Council hereunder
purposes of mon~torimg said program(s).
To report to the Council during the term of
this Agreement any threatened or pending
litigation brought against the PrOvider,
incl6ding a description of the nature of the
claims involved, and, upon reques=, to furnish
for
081GOVB.DOC
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8:47 am
Contract No. 92-081
1992-93
Page 3
GOVERNMENTAL UNIT AGREEMENT
information regarding the status of such
litigation and copies of pleading filed therein.
To repor= to the Council, in a format deemed
accep=abte by the Council, information regarding
Medicaid Or insurance reimbursement for
Individuals enrolled in or provided services
under-the program(s) funded by the Council under
this Agreement if such reimbursemen= is or may be
available fDr such program(s).
That those capital items which are to be
acquired by the Provider and reimbursed by the
Council, shall.be subject to the requirements
(i) that said items may not be mortgage~,
pledged, or hypothecated withou~ the prior
written approval of the Council~ (ii).that
upon.termination or earlier, cancellation,of this
A~reement~, the said item(s)I sh~il be transferred
to the Council, at the 'Council s request unless
there is specific notification that ~his
requirement is waived byithe Council; (iii) that
said :item(s) shall be m~intaine~,inoperable
condition; and (iv) that said ~i{em(s) will be
insured in case of damage, loss or theft
w th~ provider agrees
To la ,
to ~ the~C0uncil from
liability on acc injuries, damages,
omission~ commissions, actions, c~uses of actions,
claims, suits,, judgments and damages accruing,
including couirt costs and attorneys' fees, as a result
of or any
negligent from funding
the CoUnc,il iDr:any action
aris"ing of thi~ Agreement·
~o
7. The-Chi acknowledges that the
Provid~ accepts the levels of
self provided by the Provider.
8. The Provider shall not use or,disclose any information
laws
client, or his responsible parent or guardian when
authorized by law.
a. The Prov ~bl~ish and maintain
~ to the Council
records, ~that no information
081GOVB.DOC
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Contract No. 92-081
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 4
10.
11.
contained in the Provider's records, or obtained
from others carrying out the terms of the
Agreement, shall be used by or disclosed by the
Provider, its agents, officers or employees
except as provided by law.
b. It shall be the responsibility of the Provider to
take all reasonable steps necessary to implement
promptly such procedures and controls in order to
protect the privacy of a client receiving
services hereunder and in order to assure the
maintenance of confidentiality of any medical or
other information pertaining to any such clien=.
The Provider shall submit to the Council management
and program data, including client identifiable data
as deemed essential by the Council.
The Provider shall furnish the Council with reports
of the effectiveness of the program and include
statistics and data on the number of persons served
and such other r~por=s and information as the
Council may require. Said reports shall be made as
requested from the Effective Date of this Agreement
and in a format provided by the Council.
The Provider is performing the servlces and duties
required hereunder as an independent contractor and
not as an )yee, agent, partner of, or joint
ventu: 5he~ouncil. The Provider shall assume
sole lsive responsibility for the payment of
wages employees for services performed by them
under The Provider shall, with
respectI ~0 said employees, be responsible for
withho~d~ng~federal i~Come taxes, paying federal
social ~s~burilty t&xes, maintaining,u~employment
insuranc~ a~d maintaining ~orker's compensation
coverag9 in a~o~nts required by applicable f~ral
and state
12.
13.
The services provided by the Provider hereunder are
provide~ On'a nCn~exclusive.basis, andlthe Council
specifiCaIiy reserves the right to contract with
o%hers for ~imil~r services.
Payments for services rendered pursuan=.to this
Agreement shal~l be made to the Provider monthly on a
reimbur~ement'baisis. Provider shall submit an
invoice~to th~: ciouncil by the 10th day Of each month
following the'month in which the services were
provide~. The i'nvoice will include documentation
re~lect!ing ~1!i e~penditures made by the Provider
un~er this ~greement, in whatever form reasonably
require~ by ~Council. Subjec~ to the availability of
funds,~{he Co~nci~i will provide reimbursement to the
Provider within 4~5 days after receipt of the invoice·
081GOVB.DOC
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Contract No. 92-081
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 5
Provider shall submit a final invoice to the Council
no later than October 31, 1993 (with appropriate
documentation). The Council will not 9~imburse
Provider for any expenditures made by Provider under
this Agreement that are submitted after October 31,
1993.
14.
The Provider agrees to return to the Council any
OveFpayments made through inadvertence or
miscaldulation or because payment is diSallowed as
not having been properly earned under this Agreement.
Such funds shall be refunded in full by Provider to
the Council as follows:
a. Within twenty (20) days f~om the date o~ written
notification by the Council to the Provider of
overpayment or disallowance; or
b. Within thirty (30)days following the end of this
Agreement.
c. The Council shall haue thel right to deduct from
any subsequent payment'request submitted by the
Provider., the amount of any overpayments or
disallowed f~lnds.
15. The Counc~ for
ir
Said of
part
operations.
:ause, the
the
to
~uncillmay, for
· ovider from
funds received
~ive action by the
~te this Agreement.'
~or~obligation
the Provider's
Before suspending payment of funds ~o a Provider or
preventing a Provider from incurring additional
obligationA of funds.received, the Counuil shall
notify the Provider, in writing, of the action to be
taken, th~ reasons for it, and the conditions, if
any, under which the suspension will be lifted.
Within fi~e (5:) days of .receipt of the notice of
suspensio~ the Provide~ .may request a hearing before
the Counc~il. Suspension ishall be effective five (5)
days afte~ receip~ by the Provider, unless the
Council has determined that immediate suspension is
necessary, iand ~so informs the Provider.
If a hearinq:is timely requested by the Provider, the
suspen~i~ Qi!i not be effective until a date
determine~ by the Council following the hearing. The
081GOVB.DOC
Sep 16. 1992 8:47 am
Contract No. 92-081
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 6
hearing will be held within a reasonable time after
request therefore to consider any matters relevant to
the suspension and wlll determine, in light of
matters presented, if the suspension and any
conditions imposed on reinstatement are warranted.
The decision of the Council shall be final.
16.
In the event funds to finance this Agreement become
unavailable to the Council, the Council may terminate
this Agreement upon no less than five (5) days
written notice to the Provider. The Council shall be
the final authority as to the availability of funds.
17.
The Council may terminate this Agreement for any
breach by the Provider. If the Council intends to
terminate this Agreement, notice shall be provided in
writing to the Provider no less than twenty-four (24)
hours prior to the effective date of the termination.
The Council's failure to terminate or suspend a
Provider for past breaches of this Agreement shall
not be construed as a waiver of its right to demand
strict compliance with the terms of the Agreement
terminate for said breaches or similar breaches,
and shall not be construed to be a modification of
the terms of the Agreement. The Provider may
terminate this contract with or without cause
provided that Provider shall give sixty (60) days
notice in writing to Council. The Council shall
reimburse the Provider for all monies expended up to
and including the effective date of the termination.
18.
Notices: all notices required hereunder shall be in
writing and shall be addressed to the following
representative of the part parties:
For the Council:
Barbara A. Kauffman, Executive Director
Children's Services Council of Palm Beach County
3111 So. Dixie Highway, Suite 243
West Palm Beach, FL 33405
For.the Provider:
J. Scott Miller, City Manager
P.O. Box 310
Boynton Beach, FL 33425
19. Notwithstanding anything herein to the contrary, the
parties agree that the dollar amount set forth in
paragraph 1 above may be reduced in the event that
the Council determines that the Provider will not
spend the entire amount allocated by September 30th
fiscal year end. The determination may be made (a)
081GOVB.DOC
Sep 16, I992 8:47 am
or to
Contract NCo 92-081
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 7
during the course of reviewing a budget revision
submi{ted~by the Provider pursuant to.the Council's
procedures or (b) based upon~the council $ monitoring
of Provider's program and its expenditure history:
Before any s=C~ reduction becomes final; the prOvlder
will be notified in writing of the proposed action
and shall have the opportunity to address the
Council's Boardregarding the proposed reduction.
The decision of the Council's Board on this issue
shall be final.
20.
agreed
abq~e,,
~riting
which includes the attached ~xhibits
~ains all the terms and Conditions
No other agreements,
lse, the sUb~eCt matter of
shal to exist Or ~olbind
hereto. With the possible
an adjustmen~ pursuant to.paragraph 19
not be modified unlessin
both parties hereto.
081GOVB.DOC
Sep 16, 1992 8:47 am
Contract No. 02-081
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 8
IN WITNESS THEREOF,
Agreement to be executed
authorized officers.
CITY OF BOYNTON BEACH
By:
the parties have caused this
by their undersigned duly
Date:
Print Name
Children's Services Council
By:
Susan Pell
Chairman
of Palm Beach County
Date:
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
By:
James A. Cherof, Esq.
City Attorney, City of Boynton Beach
EXHIBIT
1. Program Evaluation Model
2. Program Organizational Chart
lC: OO
~. .~rJ~
~ b~ -,-~0
~-r~ ~ 0 0-"~-~
~-~ ~ · 00~
~ 000~
0~
°-
0 0 O0 0 ~
~ .~ _~ 0 0~
~ ~.~ u o,~ ~
~ ~ · 0~-~ ~ · ~ ~ ~ 0
~ O0 ~ 000
~ ~ -~ .~0~ -~ ~ 0 ~ ~000~
~ 000~00.~0~ ~ ~ !
~ . ~ ......
Boynton Beach Police Department
Recreation/Athletics/Police Program
Chiefof
Police
Deputy Chief of !
Bureau of Admin.
I
Lt. Public,Comm.
Relations Div.
CPO Sgt.
1
RAP Officer
46% CSC 1 FTE
EXHIBIT B
1. CSC Budget Form A
2. CSC Budget Form B
~d HOVe8 NO£NA08
~6/~0/60
Id
09/02/92 08:56 2~407 369 2590
BOYNTON BEAG'I PD
011/011
Agency: Bo~nton Beach Pollce Depar~c Date 6ubmttteCl:
Program: ~c~at~, A~et~a & Po~ce
Page ~ of 2
CSC BUDGET PO~ B: TOT~ ~OG~ BUDGET
~und~S P¢riod 10/01~ m 09~0~3
PART L
~ ',.-..~. ~'~'~ '~??,?::'~:~ ~.,:.. · ~ ~ .~..,""~ · .. ,~ ~.=~_ .-.,:~ ..... :~,,.. -.~ .~, ~ ~<~ ....... ,.~, ( )
~ersoflne~ S S S S $
Salaries 16 s 190
Trave~ 7 ~ ~53 7 p Z~3.00
l;. ~u{loing S~e ....
Iv. CommunmcatJo~/
Util~ol
V. ~ ri~tln~u p~lleU -
vi. Fo~a -' ~-- 4~ 400.00
VIII Other Cosa
IX Eauroment { --. lsS~' ~
TOTAL PROG~M
PERCENT OF PROGRAM 37 %~ ~.; % .,~ 63 %j 100 %
x. REVENUES
A. CSC
16,190
16,190.00
~. ~roqra~ ~oes
27,723 27,723.00
O. ~alm Beactt County
-- ~-. ';~'~l~'~ Way
= H~$
16.190
0
27,723 43;913,00
0 0
09/02/92 08:57
'~4~7 369 2590
BOYNTON BEACH PD
I~1012/012
Agency: So~nCon Beach Pol:[ce Dep&r~enC
Date 8u ~',mittecl:
Page 2 of 2
CSC BUDGET FORM B: TOTAL PROOF, AM BUDGET SUMMARY
Funciin{ Period 10/01/92 to 09/~0/~3
PART II.
A. COSTPER CLIENT
1. Total NumDet ~f Primary Clients
2. Total Program EXgeniel u ei~own in Part 1. Column 6
:3. Cost Der Pnmcry Client (line 2 divided ~y line t)
50
S 43,913.00
~ 878.26
I. Total Numt~et of Outreach CHants
2. Total Program Ex,encee ce siaown in Part '. Column
3. Coat Der Ou,eacl~ Cllefl! (line 2 ~lvi0ed by tine
PART III.
MATCHING FUNDS - Indicate i~elow ~e amount used from I&ch local source es
n~mnmg funds, the grant amount ina grant title.
Chilaren'sServlceiCou~cil ,$ 27,723 16,190 P. eczeactou,lChlet, ics&
2. United way IS $
3, Jewish Feclefitlon
4 Omar lc, g,, Ccmmun~ Fcunolticn.
Education ;ourloatJcn, Arcnalocese
{$ $
s S $
? $ ~$
EXHIBIT C
1. Program Data Form
1992--93 BASE PROGRAM APPLICATION DATA FORM
PROGRAM FORM D
PROGRAM: Raereation, Athletics, & Police (R.A.P.)
AGENCY: Boyncon Beach Police Department
- :..:.-:.. :: ..::.; ;:;:;: .::::: :::::::::::::::::::::::::::::: ====================== ::; ::...================================= :....-....:.:.+:.:.:.:..:.:-:....- ....... : ............ .... ......................
HOW MANY CLIENTS WILL BE SERVED 1011192 TO I)1301937
(ADD NUMBER OF ADULTS + NUMBER OF CHILDREN)
50 300
WHAT ARE THE AGES OF THE
CLIENTS YOU WILL SERVE?
Birth - 2
3--5
10 -- 13 x
14 -- 18
All of the Above
WHAT GEOGRAPHIC AREA(S) IN PALM
BEACH COUNTY WILL YOU SERVE?
No~ttt
Central
Sou~
All Of the Above
HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE?
Full time
Part time
HOW MANY EMPLOYEES WILL BE FUNDED BY CBC?
Full ume
For C~C Use Only:
TOTAL PROGRAM BUDGET
CSC % OF PROGRAM BUDGET
$ 74.8 $ 913
AGENCY
$ 16,165 63 ~
TOTAL AGENCY BUDGET
8.7 m/1 $ 8.7 mil $ 0 0 %
PROGRAM % OF AGENCY
BUDGET
.003 % .003
COST PER CLIENT
COST PER CLIENT PER YEAR
(SaseC on total Dnmar7 oF total
outreach on ¥ )
$ 92.49 $ ~ $ ........ ,~.~, o~
For CSC Use Only:
SupPOrt:
EXHIBIT D
1. Conditions of Award
CONTRACT 92-081
PROGB~f:
AGENCY:
Recreation/Athletics/Police (I~P)
Boynton Beech Police Department
CONDITIONS OF AWARD
PROGI~A~M~TIC
A. Issues or infcrmaticn to be furnished or resolved within
sixty (60) days of execution of contract:
1. completion of program evaluation forms/test instruments.
2. Submit copy of sales =ax exemption certificate.
3. Submit copy of certificate of insurance for the
program site and for the agency.
B. Conditions to be observed throughout contract:
1. Provider agrees =o obtain CSC approval for any proposed
changes in the program prior ~o Implementation.
2. Provider agrees to submit copies of all subcontracts,
contracts and/or agreements related to the
implementation of this program.
3. Provider agrees to maintain a current copy of the
following on file with CSC:
Service site(s)
Certificate(s)
Service site(s)
Certificate(s),
Fire Inspection
Health Inspection
if applScable
Job descriptions/resume(s) of all csc funded
staff positions
Certificates of insurance and bonding
License(s) to operate Agency/program, if
applicable
Sales tax exemption certificate
9293COA.081 Scp 3. 1992 [:35 pm
Pag~ i
II.
CONTRACT 92-081
PROGRAM=
AGENCY=
Recreation/Athletics/Police (RAP)
Boynton Beach Police Dep&r~ent
CONDITIONS OF AWARD
FISCAL
Conditions to be observed throughout contract:
1. Providers agree to obtain written approval from CSC for
any proposed changes in the CSC program budge= prior to
implementation.
In executing this Agreement, Provider represents and
warrants that the Council funds to be expended
hereunder to support the budgeted ~ob positions do
not replace or supplant funds previously supplied by
Provider for such positions·
The Fiscal administration of the agreement between CSC
and the provider will be pursuant to the CSC Fiscal
Guidelines.
9293COA.081 Sep 3, 1992 1:35 pm
Pag~ 2