R24-181 RESOLUTION NO. R24-181
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A 2024-2025 COOPERATIVE AGREEMENT
5 WITH LITERACY AMERICORPS PALM BEACH COUNTY FOR ESSENTIAL
6 EDUCATIONAL SERVICES TO THE COMMUNITY; AND FOR ALL OTHER
7 PURPOSES.
8
9 WHEREAS, the Boynton Beach City Library, in collaboration with the Literacy Coalition of
10 Palm Beach County through the AmeriCorps Programs, offers essential educational services to the
11 community. These services include homework help, SAT/ACT preparation, and ESOL (English for
12 Speakers of Other Languages) classes. Specifically, two full-time AmeriCorps volunteers are
13 involved:one focuses on ESOL literacy for adults, and the other provides homework help for youth.
14 This partnership aims to enhance educational opportunities and support lifelong learning for all
15 residents; and
16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
17 best interests of the city's citizens and residents to approve a 2024-2025 Cooperative Agreement
18 with Literacy AmeriCorps Palm Beach County for essential educational services to the community.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
21 BEACH, FLORIDA, THAT:
22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption.
24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
25 approve a 2024-2025 Cooperative Agreement between Literacy AmeriCorps Palm Beach County
26 and the City for essential educational services to the community (the "Agreement"), in form and
27 substance similar to that attached as "Exhibit A."
28 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
29 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
30 ancillary documents required under the Agreement or necessary to accomplish the purposes of
31 the Agreement and this Resolution.
32 SECTION 4. One fully executed original of the Agreement shall be retained by the City
33 Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to
34 Tiffany Pagan to forward to Literacy AmeriCorps.
35 SECTION 5. This Resolution shall take effect in accordance with law.
36
37 PASSED AND ADOPTED this ply day of LI-S+- 2024.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40 Mayor—Ty Penserga
41
42 Vice Mayor—Aimee Kelley
43
44 Commissioner—Angela Cruz
45
46 Commissioner—Woodrow L. Hay
47
48 Commissioner—Thomas Turkin
49 r I
50 VOTE / D
51 ATTES
52
53 1_
54 Maylee De Je ts, MPA, MM' Ty Penserga
55 City Clerk Mayor
56
57gOYNTpN�� APPROVED AS TO FORM:
58 (Corporate Seal)
� O GpRPORgT• 1�
59 �f SEAL .9�'�,
60 i U. •_.= i AtfirK 1/4). %/17,6
INCORPORATED:
61 • • Shawna G. Lamb
62 I,'1, ••'•.190. ' City Attorney
1,`� FLORID'
LITERACY
lot
COALITION
OF PALM BEACH COUNTY AmeriCorps
LITERACYPBC.oRG Volunteer florida
Florida
Literacy AmeriCorps Palm Beach County
2024-2025 Cooperative Agreement
Purpose
This agreement is entered on August 01, 2024 and ending on July 31, 2025, between
Literacy AmeriCorps Palm Beach County hereinafter referred to as "Program" and
Site Name: Boynton Beach City Library
Site Address: 100 E. Ocean Ave.
Site Address: Boynton Beach, FL 33435
Site Supervisor Name: Tiffany Pagan
Site Supervisor Title: Assistant Library Director
hereinafter referred to as "Site".
The Palm Beach County Literacy Coalition is sponsoring this program which is funded by
Volunteer Florida through an AmeriCorps grant from AmeriCorps (formerly known as the
Corporation for National and Community Service). As a Site, you recognize the role of literacy
programs in solving many social problems in Palm Beach County and have made a commitment
to having your assigned Member(s) engaged in these types of activities.
II. Program Responsibilities
A. In accordance with the terms of the Literacy AmeriCorps Handbook, the Program
hereby agrees to provide the following:
1. Health insurance to qualified members.
2. Facilitation of the process of obtaining a childcare allowance from the appropriate
governmental agency in accordance with the provisions set forth in the Literacy
AmeriCorps Handbook.
3. Properly completed paperwork to enroll, accurately track service hours and any
other required information, and exit members from the AmeriCorps program in
accordance with the Literacy AmeriCorps Handbook. Members who qualify under
the terms of the Literacy AmeriCorps Handbook will receive an education award
of $7,395, for full time members, from the National Service Trust.
Revised:June 2024 1 1 P a g c;
4. A living allowance of$1,375.00 per pay period of service to each full-time member.
5. Member development training and activities ranging from but not limited to: Tutor
Training, CPR, First Aid, Disability Awareness, Literacy, Community Service and
Communication Skills.
6. Site Supervisor orientation, a Literacy AmeriCorps Handbook, reporting schedule,
reporting requirements, reporting and evaluation forms, member agreement, and
service log.
7. Recruitment, interviewing, and placement efforts for members in collaboration with
the Site.
8. Mediation between members and site supervisors upon request.
9. Timely and appropriate communications from the Program.
10. The Program is responsible for all decisions regarding disciplinary matters,
including those involving criminal activity, which may ultimately result in the
member's release from service. The Program will manage all grievance processes
in accordance with the terms and conditions of the Literacy AmeriCorps Handbook
and Member Contract. The Program will communicate promptly any changes in
status of members to the Site.
III. Service Site Responsibilities
A. The Site has indicated a willingness and ability to participate in the Literacy AmeriCorps
Palm Beach County program and agrees to pay $16,750 per full time member or
$7750 per part time member in 3 installments on September 1, 2024, January 1, 2025,
and April 1, 2025 (unless 2 equal installments or 1 installment is preferred).
B. The Site agrees to provide the member with site specific training and orientation
needed to fulfill their duties at the Site and to provide resources needed to fulfill these
duties.
C. The Site agrees to provide adequate supervisory support to assist members in fulfilling
their service activities and member development plans.
D. The Site agrees to communicate and document member performance, member
attendance, and other member activities to the Program in a timely and professional
manner.
E. The Site agrees to review member service logs (approve or request revisions),
electronically sign in to America Learns and submit within four days of members'
submission to ensure correct calculations and service activities.
F. The Site will provide a written plan to the AmeriCorps Program Director verifying
the process for how AmeriCorps member time and attendance will be tracked at
sub-sites (e.g., schools and libraries). The written site plan must include the
name and contact information of the sub-site staff member responsible for
supervising AmeriCorps members. The AmeriCorps Program Director and lead
Revised: June 2024 2 I : u g e
site supervisor are responsible for orienting the sub-site staff member to the
AmeriCorps program including the prohibited activities and programmatic
goals.
G. The Site agrees to support the Program by ensuring that its members attend all
mandatory Program trainings, service projects, meetings and events which may
be up to 20% or 340 hours of their 1700 required hours of service or the members
will have acceptable verification for absences.
H. The Site agrees to complete a mid-year and an end-of-year performance
evaluation on each member assigned to it. The performance evaluation will be
signed by the member.
I. The Site agrees to participate in at least one site visit made by the Program. The
designated site supervisor agrees to be present at the site visit. The AmeriCorps
Director and the Director of Recruitment & Retention will visit each site a minimum
of 2 times per year.
J. The Site agrees to notify the Program of any discipline matters, emergency,
criminal activity, or other event requiring Program action/response, and to
document any incidents is needed. The Site further agrees to manage all grievance
processes in accordance with the terms and conditions of the Literacy AmeriCorps
Handbook and Member Contract.
K. The Site agrees to meet the assessment requirements listed in the Literacy
AmeriCorps performance measures and assist the member in completing reports
based on these measures for the Program.
L. The Site agrees to support the member in exercising his/her civic duties of voting
and jury duty. See Literacy AmeriCorps Handbook for more details.
M. The Site agrees not to discuss or offer the member a paid position for employment
with the Site until after the member has fulfilled his/her term of service with the
Program.
N. The Site agrees to identify the AmeriCorps member(s) as a Literacy Coalition
of Palm Beach County member in all public venues such as web site,
newsletter (in print and online), press releases, TV & radio and all other
communications and use the logos for AmeriCorps and Volunteer Florida
and agrees to display "AmeriCorps serves here" signage.
Revised: June 2024 3 Page
IV. Failure to Meet Responsibilities
The Site further agrees to act in conformance with, and abide by, all current and future
rules, provisions, and procedures established by the Program. These rules are included
in the Literacy AmeriCorps Handbook.
a. Failure to comply with these requirements may be a basis for the Site losing a
member and forfeiting their contributed portion of the match.
b. The Site may request termination from the program with at least 30 days' notice
by submitting in writing the circumstances of their desire to terminate from the
Program. A Site who terminates from the Program may jeopardize their ability to
participate in the Program in the future and forfeits their contributed portion of the
match.
c. The Program will establish and implement a grievance procedure for Sites to
resolve disputes and disagreements about the conduct of the Program. The details
of this grievance procedure are set forth in the Literacy AmeriCorps Handbook.
Revised: June 2024 4 I P a g e
Agreement Statement
The Site acknowledges by his/her signature at the bottom of this document that he/she
has read and/or has been adequately informed of the requirements and primary
responsibilities of all parties to the agreement, including the provided Non-Duplication,
Non-Displacement and Non-Discrimination provisions, as well as the major provisions of
this agreement. The Site further understands that his/her signature constitutes an
agreement and commitment to comply with all Program requirements.
Primary Site Supervisor Contact
1
Site Supervisor- Signature: Winte/2..-
(
15`
Site Supervisor, Name &Title: Ty rper,se.,r5a ) mc.
Date: 8 )0.0 I -20.24
CITY ATTORNEY'S OFFICE
Approveldias lty
By: form
Secondary Site Supervisor Contact (as applicable)
Secondary Site Contact, Name & Title:
Secondary Site Contact- Signature:
Date:
Literacy AmeriCorps Official Signature: WI U e24f, a. rL
Literacy AmeriCorps, Name & Title: Megan Wiston, Literacy AmeriCorps Director
Date: 729/24
Revised:June 2024 5 I P a g e
AmeriCorps Prohibited Activities
At no time during the performance of program activities at the regular service site or
anywhere else, may the member engage in any activity that is illegal under local, state,
or federal law, poses a significant safety risk to others, or is considered an AmeriCorps
prohibited activity. AmeriCorps prohibited activities include:
1. attempting to influence legislation;
2. conduction voter registration drives;
3. assisting, promoting, or deterring union organizing;
4. impairing existing contracts for services or collective bargaining agreements;
5. participating in, or endorsing, events or activities that are likely to include advocacy
for or against political parties, political platforms, political candidates, proposed
legislation, or elected officials;
6. providing a direct benefit to a for-profit entity, a labor union, a partisan political
organization, a religious organization, or a non-profit that engages in lobbying;
7. engaging in religious instruction;
8. conducting worship services;
9. providing instruction as a part of a program that includes mandatory religious
instruction or worship;
10. constructing or operating facilitates devoted to religious instruction or worship;
11. maintaining facilities primarily or inherently devoted to religious instruction or worship;
and
12. engaging in any form of promoting a religion or converting people to a religion.
13. providing abortion services or referrals
14. AmeriCorps member(s) cannot perform clerical duties except if incidental to their
direct service activities, fill in for absent employees, displace employees, or handle
money.
15. AmeriCorps members may not participate in organized fund raising for an organization
or community-based organizations that do not provide immediate and direct support
of the approved objectives of the grant. Services activities that raise funds or in-kind
contribution while generating, involving, and/or encouraging community support may
be appropriate and allowable to the extent they are in direct and immediate support of
an approved objective of the Program and provided that they are not the Program's
primary activity.
16. AmeriCorps members may not participate in grant proposal writing to help generate
match funds or support the organization's general operating expenses. Allowable
member fundraising may not exceed 10% of the individual's service time and must be
pre-approved by the Program Director.
AmeriCorps members may not engage in the above activities directly or indirectly by
recruiting, training, or managing others for the primary purpose of engaging in one of
the activities listed above.
Revised: June 2024 Page
In addition to the above activities, the below activities are additionally prohibited:
Census Activities. AmeriCorps members and volunteers associated with AmeriCorps
grants may not engage in census activities during service hours. Being a census taker
during service hours is categorically prohibited. Census-related activities (e.g., promotion
of the Census, education about the importance of the Census) do not align with
AmeriCorps State and National objectives. What members and volunteers do on their
own time is up to them, consistent with program policies about outside employment and
activities.
Election and Polling Activities. AmeriCorps members may not provide services for
election or polling locations or in support of such activities.
AmeriCorps members may not engage in the above activities directly or indirectly by
recruiting, training, or managing others for the primary purpose of engaging in one of the
activities listed above. Individuals may exercise their rights as private citizens and may
participate in the activities listed above on their initiative, on non-AmeriCorps time, and
using non-AmeriCorps funds. Individuals should not wear the AmeriCorps logo while
engaging in any of the above activities in their personal time.All locations where members
serve should post a list of the prohibited activities, when possible.
I have read and understand the policy regarding AmeriCorps Prohibited Activities and will
enforce this policy during member(s) hours of service.
Name of Organization (Site): CO-1/4.N of 6
Signature of Authorized Representative: ' ///
Date: 8J 20 /X,2ti
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CITY ATTORNEY'S OFFICE ' �.GORPpRATF����,
Approv as to form d gality
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By: �Q � SEAL •:
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INCORPORATED
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Revised:June 2024 7 1 P a g e
Non-duplication and Non-displacement: 45 CFR §§ 2540.100(e)-(f)
§ 2540.100 What restrictions govern the use of Corporation assistance?
(e) Nonduplication. Corporation assistance may not be used to duplicate an activity that is already
available in the locality of a program. And, unless the requirements of paragraph (f)of this section
are met, Corporation assistance will not be provided to a private nonprofit entity to conduct
activities that are the same or substantially equivalent to activities provided by a State or local
government agency in which such entity resides.
(f) Non-displacement. (1)An employer may not displace an employee or position, including partial
displacement such as reduction in hours, wages, or employment benefits, as a result of the use
by such employer of a participant in a program receiving Corporation assistance.
(2) An organization may not displace a volunteer by using a participant in a program receiving
Corporation assistance.
(3) A service opportunity will not be created under this chapter that will infringe in any manner on
the promotional opportunity of an employed individual.
(4) A participant in a program receiving Corporation assistance may not perform any services or
duties or engage in activities that would otherwise be performed by an employee as part of the
assigned duties of such employee.
(5) A participant in any program receiving assistance under this chapter may not perform any
services or duties, or engage in activities, that—
(i) Will supplant the hiring of employed workers; or
(ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant
to a collective bargaining agreement or applicable personnel procedures.
(6)A participant in any program receiving assistance under this chapter may not perform services
or duties that have been performed by or were assigned to any—
(i) Presently employed worker;
(ii) Employee who recently resigned or was discharged;
(iii)Employee who is subject to a reduction in force or who has recall rights pursuant to a collective
bargaining agreement or applicable personnel procedures;
(iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
(v) Employee who is on strike or who is being locked out.
Revised: June 2024 8 P a g e
Fundraising by members: 45 CFR §§ 2520.40-.45
§ 2520.40 Under what circumstances may AmeriCorps members in my program raise
resources?
(a) AmeriCorps members may raise resources directly in support of your program's service
activities.
(b) Examples of fundraising activities AmeriCorps members may perform include, but are not
limited to, the following:
(1) Seeking donations of books from companies and individuals for a program in which
volunteers teach children to read;
(2) Writing a grant proposal to a foundation to secure resources to support the training of
volunteers;
(3) Securing supplies and equipment from the community to enable volunteers to help
build houses for low-income individuals;
(4) Securing financial resources from the community to assist in launching or expanding
a program that provides social services to the members of the community and is delivered, in
whole or in part, through the members of a community-based organization;
(5) Seeking donations from alumni of the program for specific service projects being
performed by current members.
(c) AmeriCorps members may not:
(1) Raise funds for living allowances or for an organization's general (as opposed to
project) operating expenses or endowment;
(2) Write a grant application to the Corporation or to any other Federal agency.
§ 2520.45 How much time may an AmeriCorps member spend fundraising?
An AmeriCorps member may spend no more than ten percent of his or her originally agreed-upon
term of service, as reflected in the member enrollment in the National Service Trust, performing
fundraising activities, as described in § 2520.40.
Authorization:
The Site and Program hereby acknowledges by their signature that they have read, understand,
and agree to all terms and conditions of this agreement.
Site Supervisor Signature AmeriCorps Director Signature
7/29/24
Date Date
CITY ATTORNEY'S OFFICE
Approved as to form and legality
Revised: June 2613#: 9 I P a g e
ADDENDUM
ADDITIONAL TERMS
The terms of this Addendum govern and control your Agreement with the City of Boynton Beach. If there is
any conflict between the Agreement and this Addendum, this Addendum shall control.
PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, Contractor shall destroy all copies of such
confidential and exempt records remaining in its possession once the Contractor transfers the
records in its possession to the City; and
D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all
public records in Contractor's possession All records stored electronically by Contractor must be
provided to the City, upon request from the City's custodian of public records, in a format that is
compatible with the information technology systems of the City.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVE.
BOYNTON BEACH, FL, 33435
561-742-6060
CITYCLERK(c BBFL.US
DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor
represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida
Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes.
Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with
City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the
duration of the Term will remain, in compliance with Section 286.101, Florida Statutes.
VERIFICATION OF EMPLOYMENT ELIGIBILITY.Contractor represents that Contractor and each subcontractor have
registered with and use the E-Verify system maintained by the United States Department of Homeland Security to
verify the work authorization status of all newly hired employees in compliance with the requirements of Section
448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this
section, City may immediately terminate this Agreement for cause, and Contractor shall be liable for all costs incurred
by City due to the termination.
PUBLIC ENTITY CRIMES ACT. Contractor represents that it is familiar with the requirements and prohibitions under
the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will
not violate that Act. Contractor further represents that there has been no determination that it committed a"public entity
crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an
act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been
Addendum to Americorps Agreement
placed on the convicted vendor list.
ENTITIES OF FOREIGN CONCERN. This section shall apply if Contractor or any subcontractor will have access to
an individual's personal identifying information under this Agreement. Accordingly, Contractor represents and certifies:
(i) Contractor is not owned by the government of a foreign country of concern; (ii)the government of a foreign country
of concern does not have a controlling interest in Contractor; and (iii) Contractor is not organized under the laws of
and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date or
the date that Contractor or its subcontractor will have access to personal identifying information under this Agreement,
Contractor and any subcontractor that will have access to personal identifying information shall submit to City executed
affidavit(s)under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria
in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the
requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall
have the meanings ascribed to such terms in Section 287.138, Florida Statutes.
ANTI-HUMAN TRAFFICKING. On or before the Effective Date of the Agreement, Contractor shall provide City with
an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section
787.06(13), Florida Statutes.
VENUE,WAIVER OF JURY TRIAL. The exclusive venue for any lawsuit arising from, related to, or in connection with
this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If
any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive
venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the
Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
INDEMNIFICATION. Contractor shall indemnify, hold harmless, and defend City and all of City's current, past, and
future officers, agents, and employees (collectively, "Indemnified Party")from and against any and all causes of action,
demands, claims, losses, liabilities, and expenditures of any kind, including attorneys'fees, court costs, and expenses,
including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party
to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by
Contractor, or any intentional, reckless, or negligent act or omission of Contractor, its officers, employees, or agents,
arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against
an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel
satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend the Indemnified
Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. Any provision
of the Agreement that requires the City to indemnify the Contractor or any third party is hereby deleted in its entirety.
SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City
or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section
768.28, Florida Statutes.
By signing below, the Contractor agrees to the terms in this Addendum.
By:
?Name. wiston
Title:Director of Literacy AmeriCorps
Date: 7/29/24
Addendum to Americorps Agreement