R91-158RESOLUTION NO. R91-/~-8
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
RECREATION & PARKS DEPARTMENT AND
CHILDREN'S SERVICES COUNCIL OF PALM
BEACH COUNTY, REGARDING THE AFTER SCHOOL
LATCHKEY RECREATION PROGRAM; A COPY OF
SAID AGREEMENT IS ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Latchkey After School Program is designed to
provide after school care for children and this program is funded
100% through a Children's Services Council grant; and
WHEREAS, the City Commission of the City of Boynton Beach
deems it to be in the best interest of the citizens and residents
of the City to enter into an agreement with the Children's
Services Council of Palm Beach County for the 1991-92 fiscal
year, a copy of said Agreement being attached hereto as Exhibit
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 directed
to execute an Agreement between the City of Boynton Beach,
Recreation & Parks Department After School Latchkey Recreation
Program and The Children's Services Council of Palm Beach County,
said Agreement being attached hereto as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this /~Z~day of October, 1991.
CITY OF BOYNTON BEACH, FLORIDA
/
Vice
ATTEST:
~Corp~ate Seal)
RE~GR
19~25/91
Co~
~sioner /
contract No. 91-087
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 1
AGREEMENT
THIS AGREEMENT, entered into this day of October,
1991, by and between the Children's services Council of
Palm Beach County, a political subdivision of the State of
Florida (hereinafter referred =o as .,Council") and
city of Boynton Beach ~m~.~x~m~k~x~p.a~m.~t -~ /~ ~ ~
After School Latchkey Recreation Program, (hereinafter
referred to as "Provider"), for the period from October 1,
1991 ("Effective Date"), to September 30, 1992·
W I T N E S 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 RFP process and Provider's response thereto
#91-088 and any addendums accepted by the Council. Those
portions of Exhibits A, B, C and D contained herein that
differ from the original proposal shall be deemed to be
addendums thereto and shall con=rol over any inconsistent
provision of the original proposal.
The Council agrees to reimburse to the Provider sums
up to $107,288.00 for provision of
services described in the attached composite Exhibit
"A" (consisting of the Program Summary Form, Program
Model and Measurement Model, and the Program
Organizational Chart); the attached composite Exhibit
"B" (consisting of the CSC Budget Forms A and B
submitted by the Provider) attached here=o and made a
par= hereof; and the attached Exhibit C (consisting of
the Program Data Form) attached hereto and made a par~
hereof. The Measuremen~ Model may be finalized and
added to this Agreemen= no later than November 30,
1991. 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
compliance 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 conditions of
this document.
The Provider agrees =o comply with all applicable
federal, state and local laws.
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.
087GOV.DOC
Sep 11, 1991
11:36 am
Contract No. 91-087
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 2
be
To assure that these records shall be
ava$1able, upon reasonable notice, to inspection,
review or audit by the Council and personnel duly
authorized by the Council to make such inspection,
review or audit.
Ce
To submit, upon completion of the period of this
Agreement, a GAO Standard Financial and Compliance
Audit within 120 days of the Provider's fiscal
year end.
de
To maintain and file with the Council such
progress, fiscal, inven=ory, and other reports as
the Council may require during the terms of the
Agreement.
To include these aforementioned audit and
record-keeping requirements in all approved
subcontracts and assignmen=s.
To acknowledge, =o the extent feasible and
appropriate, Council funding of the program
i~entified in Exhibit "A" in publications,
bulletins, public relations activity, and
stationery of Provider.
4. The Provider agrees:
Se
CJ
To retain all financial records, supporting
documents, statistical records and any other
documents pertinent to this Agreement for a period
of five (5) years following termination of this
Agreement or, if an audit has been initiated and
audit findings have not been resolved at the end
of the five year period, the records shall be
retained until resolution of all audit findings.
Persons duly authorized by the Council shall have
full access to and 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 Program(s) funded by the Council hereunder for
purposes of monitoring said program(s).
To report to the Council during the term of
this Agreement any threatened or pending
litigation brought against the Provider,
including a description of the nature of the
claims involved, and, upon request, to furnish
information regard%ng the status of such
litigation and copies of pleading filed therein.
087GOV.DOC
Sep 11, 1991 11:24 am
Contract No. 91-087
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 3
To report =o the Council, in a format deemed
acceptable 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 reimbursement is or may be
available for 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 mortgaged,
pledged, or hypothecated without th~ ~rior
written approval of the Council; (ii) that
upon termination or earlier cancellation of this
Agreement, the said item(s) shall be transferred
to the Council, at th~ ~ouncil's request unless
there is specific notification that this
requirement is waived by the Council; (iii) that
said item(s) shall be maintained in operable
condition; and (iv) that said item(s) will be
insured in case of damage, loss or theft.
To the extent permitted by law, the Provider agrees
to indemnify and hold harmless the Council from
ligbi~ity on account of any injuries, damages,
omissions, commissions, actions, causes of actions,
claims, suits, judgments and damages accruing,
including court costs and aL=orneys' fees, as a result
of services performed or not performed, or any
negligent act by the Provider or arising from funding
grgn~ed or not granted by the Council or any action
arising out of the operation of this Agreement.
This contract may not be assigned or subcontracted to
any other party by the Provider without the prior
written approval of the Council.
The Children's Services Council acknowledges that the
Provider is self-insured and accepts the levels of
self insurance provided by the Provider.
The Provider shall no~ use or disclose any information
concerning a client under the Agreement for any
purpose not In conformity with federal and state laws
and regulations except on written consent of the
client, or his responsible parent or guardian when
authorized by law.
The Provider agrees to establish and maintain
procedures and controls acceptable =o the Council
for safeguarding records, so that no information
contained in the Provider's records, or obtained
from others carrying ou~ the terms of the
087GOV.DOC
Sep 11, 1991 11:24 am
Contract No. 91-087
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 4
10.
11.
12.
Agreement, shall be used by or disclosed by the
Provider, its agents, officers or employees
except as provided by law.
It shall be the responsibility of the Provider ~o
take all reasonable steps necessary to implement
promptly such ~rocedures 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 client.
The Provider shall submit to the Council managemen=
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~ports and information as the
Council may require. Said reports shall be made as
reques=ed from the Effective Date of this Agreement
and in a format provided by the Council.
The Provider is performin~ the services and duties
required hereunder as an independent contractor and
not as an employee, agent, partner of, or joint
venturer with the Council. The Provider shall assume
sole and exclusive responsibility for the paymen5 of
wages to all employees for services performed by them
under this Agreemen=. The Provider shall, with
respec~ to said employees, be responsible for
withholding federal income 5axes, paying federal
social security taxes, maintaining unemploymen5
insurance.and ~aintaining worker's compensation
=overage in amounts required by applicable federal
and state law.
The services provided by the Provider hereunder are
provided on a non-exclusive basis, and the Council
specifically reserves the right to contract with
others for similar services.
13.
Payments for services rendered pursuant to this
Agreement shall be made to the Provider monthly on a
reimbursement basis. Provider shall submit an
invoice to the Council by the 10th day of each month
following the month in which the services were
provided. The invoice will include documentation
reflecting all expenditures made by the Provider
under this Agreement, in whatever form reasonably
required by Council. Subject to the availability of
funds, the Council will provide reimbursement to the
Provider within 45 days after receip~ of the invoice.
087GOV.DOC
Sep 11, 1991 11:24 am
Contract No. 91-087
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 5
14.
The Provider agrees to return to the Council any
overpayments made through inadvertence or
miscalculation 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:
Within twenty (20) days from the date of written
notification by the Council to the Provider of
overpayment or disallowance; or
b. Within thir=y (30) days following the end of this
Agreement.
The Council shall have the right to deduct from
any subsequent payment reques= submitted by the
Provider, the amount of any overpayments or
disallowed funds.
15.
The Council may, for reasonable cause, suspend the
payment of funds pending corrective action by the
Provider or pending a decision by the Council to
terminate this Agreement. The Council may, for
reasonable cause, prohibit the Provider from
incurring additional obligation of any funds received
from the Council, pending corrective action by the
Provider or a decision to terminate this Agreement.
Said suspension of payment of funds or obligation
thereof may apply to all or part of the Provider's
operations.
Before suspending paymen= of funds to a Provider or
preventing a Provider from incurring additional
obligation of funds received, the Council shall
notify the Provider, in writing, of the action to be
~aken, the reasons for it, and the conditions, if
any, under which the suspension will be lifted.
Within five (5) days of receipt of the notice of
suspension, the Provider may request a hearing before
the Council. Suspension shall be effective five (5)
days after receipt by the Provider, unless the
Council has determined that immediate suspension is
necessary and so informs the Provider.
If a hearing is timely requested by .the Provider, the
suspension will not be effective until a date
determined by the Council following the hearing. The
hearing will be held within a reasonable time after
request therefore to consider any matters relevant
the suspension and will 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 =o finance this Agreement become
087GOV.DOC
Sep 11, 1991 11:24 am
Contract No. 91-087
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 6
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
termina=e 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 or
to 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: Ail 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, Florida 33405
For the Provider:
Charles Frederick, Recreation & Parks Director
City of Boynton Beach Recreation & Parks Departmen~ -
After School Latchkey Recreation Program
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
19.
This Agreement, which includes the attached Exhibits
A, B, C & D, contains all the terms and conditions
agreed upon by the parties. No other agreements,
oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind
any of the parties hereto. This Agreement shall not
be modified unless in writing and signed by both
parties hereto.
087GOV.DOC
Sep 11, 1991 11:35 am
1991-92 CSC REQUEST FOR PROPOSALS
· : .'-'.~ :¥:'~?:i.: 'i:'~.~::~:f.~i:i~!~:ii~i~i~:.~:::; ............... ~i~i~!:~i~!;~:i~:~:~~-: ';.:.~:~':'~'~:~;:
......... :':::" ..... ::' ':::::'-:: ".:~:-~:~:~::' ;¥::: :.~'.: '-: ':¥':'i' :::!:~::. :':: .::'::';:?:?~;;i~ii!~:~¥i!:i~i~-.~i~:i;~;i~;? i .'~?:i:;i!!?~ i;? ~, ': ':'~'~ : '
We recommend that you complete this form a~er you have completed the rest of the application
Please summarize your answers to the five questions appeanng on pages 6 and 7 ot this transmiaal.
Agency Name: CITY O¥ BOroN BEAClt
Program Name: ~L~TCltitL~ Ah'~SC~OOL
This program was originally created based on the 1988 report by the Eederaily
Mediated North Boynton Task Force, which addressed the need for supervised youth
programming during afterschool hours. The program was expanded by 25 students
after one year and we are stilt maintaining a waiting list due to the demand for
afterschooi care.
The Latchkey Afterscnool Program is designed to provide afterschooi cate for
children who attend Rolling Green or Poinciana Elementary Schools, as well as
elementary school-aged children who live in the vicinity. Both sites are located
in high crime, poverty prone neighborhoods in the north end of the City of Boynton
Beach. Hatcher school currently operates this type of program. Our intent is to
provide affordable cate, enabling parents/guardians to seek employment knowing
their child/children are receiving quality supervision. C
Participants are selected by a lottery-style drawing to en~ure~l; an equal
opportunity for enrollment. There is an enrollment capacity of~ participants
~_~at. Poinciana and ~at Roiling Green, based on HRS licensure requirements guide-
~k~_-~-lines). Capacity~e%rollment is expected, due to "tevious "ea--'
an- ~ ~ ~ r~g~strac~ons
na waiting lists.
an Under the supervision of Debra Sintow, the Latchkey Program lead person, staff
members plan activities to meet our objectives. Homework, nutrition, ~hvsical fit-i
ness and pos~tzve self ~mage are all zncorporated into daily program s~h~dules.
Debra Sintow has worked for the City of Boynton Beach Recreation and Par~
Department for the past two and one-half years in management positions. As a
Supervisor II she was involved with the management of this program under Mark
Thompson and was promoted to Supervxsor III during that time. In August 1990,
she took over management of the program. As a city employee, Ms. Sinrow has dem-
onstrated excellent management skills, providing strong leadership and an ability
to see a project through from start to finish. -
Our staff members are currently employed by the Palm Beach County School Boardi
and come highly recommended by the schools' principals. Each has several years of
experience zn working with children and share their special talents zn music, arts
and crafts, and physical fitness with the participants of our program.
Over the past two years, we have received an overwhelming amount of positive
feedback, not only from parents/guardians and school principals, but also from the
children, themselves.
It appears evident that we have met our goal when the children in our program
feel that the term, "Latchkey Child," means something special.
The City of Boynton Beach has a strong concern for the health and well being
of the children in our community and we strongly urge the Children's Services
Council ~o continue to provide its support for this much needed program.
0
O0
O~
~0
0
j: --.
EXHIBIT B
1. Budge~ Form A
2. Budget Form B
Program Budge~ Narrative
Program Budge~ Summary
Z
2.-
Program:
PART L
LATC~]C~f ~&'I'E~SC,qOGL ?.OGR.~M
CBC BUDGET FOR},I B: TOTAL PROGP~-'Q4 BUDGL~i' SUMMARY
Funding Pc~od 10/01/91 to 9/30/92
(1) (2) (3~ (41 f51 (6)
Cost Category
, Paim Beach United Other Total
CBC County Way HRS Scurces Pmg:a,,'rt
Fringe Benefits
!1. Travel
,H. Building Soace
Utilities
VI. Food
VII. ina~rect Costs
VIII. Other Costs
!X. E~u~oment
S $ $ .$ $ S
--78,980. 78,980.
~ 9;Z49. 9~749.
60 60
0 0
630 630
3,300 3,300
12;744 12,744
5,950 5,950
1,825 1,825
0 0
TOTALPROGRAM
EXPENSES
$ 113,238 !$ $ S $ $113,238
4 , PERCENT OFPROGRAM
lO0 % ¥5 q,5 q4, 0,5 tO0 %
X. REVENUES
~,. CSC
107,288 lO7,288
0
0
5,950
s_!D_, 23_8 s s s
0
0
= .950
: 73 ncy:
Program:
CITY OF BOYNTON BL~CH RECREATION & PARK
D EP,kR~ENT
LATCHKEY AFTERSCHOOL PROGRAM
Date Subm~ed:
JULY 3t. 199[
Page 2
CSC BLFDGETFORM B: TOTAL PROGRAMBUDGETSUMMARY
Funding Period 10101/91 to 9/30/92
PART LI.
A. COST PER UNOUPLICATED CLIENTS
Total Numoer of Unduoticated Clients
_. Total Program Exoenses as shown ~n Part 1. CoLumn 6
'~ Cost der Unouolicated Client (line 2 divided oy line 1)
PART
130
$ 113.238
s 871.
','lATCHING FUNDS - no,cate de,ow me amount used from each local source as
.'qa[c,qlng lungs, bqe graet amOUR[ and grant UU9.
LocaJ Source
toca! I Government
Match Grant
Amoum [ Amount
. ~ ~.N.c~s Councu S $
' Ctner e.~ 'Scm, numar, ......
em. $ $
£ ,$
S
Grant Title
S
EXHIBIT C
Program Data Form
Con=inulng Programs
New Programs
1991-92 PROGRAM DATA: CONT[NIJTNG pROGRAMS
AGENCY:
LATCItK~f A~EERSCHOOL PROGRAM
CIT~ OF BOYI~ZON BF~XC~ RECREAT%ON & pAKK DEPARtmENT
130 (Undu,~tioatecfl
HOW MANY CHI~REN WILL BE SERVED 10/1t91 TO 9f301927 ~ _ ~
~ (Undu~licatea~
HOW MANY ADULTS WILL BE SEBVED 10/1/91 ~O 9130192?
HOW MANY CLIENTS WILL BE SERVED 10/1191 TO 9/301927. ~30 Unduoiicate~)
i(ADD NUMBER OF ADULTS + NUMBE~ OF CHILDREN1
WHAT ARE THE AGES OF THE WHAT GEOGRAPHIC AREA(S) IN PALM
CLIENTS YOU W1LL~E~VE? BEACH COUN~ WILL YOU SERVE?
Binh- 2 No~h ~
3 - 5 I Centrm
6 - 9 X South ~
14 - 18 _ All of the
19+ ~ove
All of me Above
For cbc U~ OnN:
HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? Full time
=art nme 9
HOW MANY EMPLOYEES WILL BE FUNDED BY CSC?
Puli t me
Part t~me 9
.... s
· ., REQUEST CHANGE
FtSCAJ-, INFOf?.~¥f A TION CO:,TRACT
PERCENT '
CHANGE I
?ROGRA.%f
CBC FUNDS c 121,29[ ~ 107,288
TOFAL PROGRAM BUDGET
S L27,34I ~. L13,238
CSC ?~ OF PROG~&M BUDGET
4GE,N'CY
95
95'
TOTAL AGENCY BUDGET S 1,937,487
PROGRAM % OF AGENCY
6.5 %
BUnDGET
COST PER CLIENT
COST PER CLIENT PER YE..\R
S 980 _
S 87_1, S (109) '
EXI--IIBIT D
conditions of Award
COI,I~R~C~ 9 ~-087
AGENCY:
After School Lat6hKey Recreation
city of Boynton Beach Recreation and ParKS
CONDITIONS OF AWARD
pROGR/%M~ATIC
A. Issues or information to be furnished or resolved within
sixty (60) days of execution of con~raot:
1. completion of Measurement Model and program evaluation
f0rms/tes~ instrumentS-
2. completion of job descriptions'
B. conditions to be observed throughout contract:
1. provider agrees to obtain CSC approval for any proposed
changes in the program ri~ to implementation.
· reeS to submit copies oX all subcontractS,
Provider ag ....... ~ ntS related to the
2. contracts and/or
implementation of this program.
3. Provider agrees to develop a sliding fee scale for
implementation 8/92.
II.
FISCAL
A. Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
1. submit copy of sales tax exemption certificate-
2. submit agency audit with management letter.
B. conditions to be observed throughout contract:
· · te is to be calculated based on a
1. The indirect ra . --~;ed to the Program
~cified percentage a~ ~- ~e indirect rate
-~- - -~-din~ indlrec~ ~u= _
not to exceed 18o.
is
Providers agree to obua~n written approval from CSC for
any proposed changes tn the CSC program budget p_~io~ to
implementation.
?age [
919~_COA sepS, 1991