R96-155RESOLUTION NO.
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 AND CHILDREN'S
SERVICES COUNCIL OF PALM BEACH COUNTY, FOR THE
RECREATION, ATHLETICS AND POLICE (R.A.P.) PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has for the last five years, entered into
an Agreement with the Children's Service Council for the Recreation, Athletics and Police
(R.A.P.) Program; and
WHEREAS, said program is a diversionary program for juveniles who have been
arrested for the first time, and its main goal is to reduce the number of juveniles who
enter the juvenile justice system;
WHEREAS, upon recommendation of staff, it has been deemed by the City
Commission to be in the best interests of the residents and citizens of the City to enter
into this Agreement with the Children's Services Council for the R.A.P. Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1 ~' The City Commission hereby authorizes and directs the Mayor and
City Clerk to execute an Agreement between the City of Boynton Beach and Children's
Services Council of Palm Beach County for the Recreation Athletics and Police (R.A.P.)
Program, said Agreement.being attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this /,~ day of October, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Commissioner
ATTEST:
City ~,lerk
Commissioner
Contract No. 96-081
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 1
AGREEMENT
THIS AGREEMENT, entered into as of this 1st day of October,
1996, by and between the Children's Services Council of Palm Beach
County, a political subdivision of the State of Florida
(hereinafter referred to as "Council") and City of Boynton Beach
(hereinafter referred to as ,,Provider"), for the period from
October I, 1996 ("Effective Date"), to September 30, 1997. The
Council, at its option, may extend the term of this Agreement for
one additional one-year period without reviewing the program
hereunder funded as Part of a competitive RFP process. The
renewal option set forth in this however, does not
guarantee the Provider that the :ise its renewal
option hereunder. Renewal will be determined by the Council, in
its sole discretion; this determination will be based in part upon
review of the program evaluation and fiscal monitoring of the
program.
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
1996-97 Application/RFP process and Provider's response thereto
and any addendums 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 addendums
thereto and shall control over any inconsistent provision of the
original proposal.
1. The Council agrees to reimburse to the Provider sums up to
$16,670 for provision of services described in the attached
Exhibit "A" (consisting of the Program Evaluation Model)
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) attached hereto and
made a part hereof. It is expressly u~derstood and agreed, by
and between the parties, that the servxces 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 with the Conditions of Award attached hereto and made
a part hereof as Exhibit "D", as well as the terms and
conditions 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:
a. To maintain books, records and documents in accordance
with normally accepted acco~ntin~ procedures and
practices, which sufficiently ana properly reflect all
expenditures of funds provided by the Council under the
Agreement.
b. To assure that these records shall be available, upon
reasonable notice, to inspection, review or audit by the
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Contract No. 96-081
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 2
Council and personnel duly authorized by the Council
make such inspection, review or audit.
C o
("the Audit"
of
end.
of the period of this
Financial and Compliance Audit .....
with management letter, within 120
n the event that
letion
the
of the
of this
be
year
requzre during the terms of the Agreement.
To inclut
requirements
To acknowledge,
Council funding
in publications,
stationery of Provider.
may
ioned
nd recordkeeping
ts and assignments.
The Provider agrees:
a o
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 o.f this Agreement or, if an ~udit 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. Provider further
agrees that all records, papers, letters, or other
d~cuments made or received in conjunction with this
Agreement and the provision of services hereunder shall be
subject to public ~ccess pursuant to the provisions of
Chapter 119~ Florida StatUtes. The provisions of this
paragraph shall survive termination of this Agreement.
bo
Persons duly authorized by the Council shall have full
access to and the right to examine any of said materials
during said period.
c. 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).
d. 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 informati--
regarding the status of such litigation and copies of
pleading filed therein.
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Contract No. 96-081
1996-97 GOVERNMENTAL UNIT A~RE~..
Page 3
e. To accurately report to the Council, in a format deemed
acceptable by the Council, all revenues received by or for
the program funded pursuant to this Agreement, regardless
of source. Revenues include, but are not limited to,
Medicaid or insurance reimbursemenu, donations, grants,
and program income; i.e., fees paid for services. In the
event the Provider fails to properly report all program
revenues and the Council subsequently learns that such
income was not ~properly disclosed, nhe Council reserves
the right to reduce the amount to be paid to the Provider
by the Council by the amount not disclosed (or, if payment
has already been made, to recover said amount), or to
terminate.this Agreement.
f o
That those capital items which are to be acquired by the
Provider and reimbursed by the Council, shall be subjecu
to the requirements (i) that said items may not be
mortgaged, pledged, or hypothecated without the prior
written approval of the Council; (ii) that upon
termination or earlier cancellation of this Agreement au
the Council's request, unless there is specific
notification that this requirement is waived by the
Council,~ the said item(s) shall be (a) returned (with
title being transferred) to the Council or the Council's
designee, or (b) reimbursed to CSC at book value
(determined by CSC); (iii) that said item(s) shall be
maintained in operable condition; and (iv) that said
item(s) will be insured in case of loss or theft.
o
o
Provider agrees that, as between the parties to this
Agreement, it is solely responsible for operation and
management of the program(s) funded hereunder and that the
Council has not and will not be involved in any way in such
operation and management. To the extent permitted by law, the
prOvider agrees to indemnify and hold harmless the Council
from liability on account of any injuries, ~damages, omissions,
commissions, actions, causes of actions, claims, suits,
judgments and damages accr~_ing, including court costs and
attorneys' fees, as a result of services performed or not
performed, or any negligent act by the Provider or arising
from funding granted 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.
o
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 not 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.
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Co~tract No. 96-081
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 4
a. The Provider agrees to establish and maintain procedures
and controls acceptable to the Council for safeguarding~
records, so that no contained in the
Provider's lined from others carrying ou~
the used by or discios~
by the o~ s or employees except
.aw.
b. It
a~l
a
or other in
'ider to take
' to implement promptl~ such
the privacy
ir and in order to
~lity of any medical
such client.
o
The Provider shall submilt to the Council management and
program data, client identifiable data as deemed
essential by the
10.
The Provider shall furnish the Council with reports of the
effectiveness of Lnd include statistics and data
on the number of and such other reports and
information Said reports shall
be made as reques ~fectiv~ Date of this
Agreement and in by the Council.
11.
The Provider is pe~
hereunderl as an
employee, agent, p~
Council. The
respc
services
Provider
respons
federal social se(
insurance and
amounts
"the services and duties required
and not as an
)r: joint venturer with the
assume sole and exclusive
of wages to all employees fo~
der this Agreement. The
o said employees, be
1 income taxes, paying
unemployment
ompensation coverage in
al and state law.
12.
13.
The services
on a
reserves the ri¢
services,
or ent~ity who zs
rovider hereunder are provided
the,Council specifically
others for similar
live no rights to any person
ereto.
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 ~d.' The invoice will include
documentation ref
Provider under this
required by Council
the Council
45 days after
a final invoice t.~
(with
reimburse
expenditures made by the
~, in whatever form reasonably
to the availability of funds,
[rsement to the Provider within
.nvoice. Provider shall submit
1 no later than October 31, 1997
The Council will not ~
%ditures made by Provider
un:der this Agreement that are submitted after October 31,
081GOVAI.DOC
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Contract No. 96-081
1996-97 GOVERNM]~NTAL IINIT AGRE~~
Page 5
1997.
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:
a. Within twenty (20) days from the date of 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 have the right to deduct from any
subsequent payment request submitted by the Provider, the
amount of any overpayments or disallowed funds.
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.
15.
16.
17.
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.
The Council may terminate this Agreement for any breach by
tke 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 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.
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Contract No. 96-081
199 6 - 97 GOVERL94ENTAL UNIT AGREEMENT
Page 6
18.
Notlces: Ail notices required hereunder shall be in writin¢~
and shall be addressed to the following representative of ti
part parties:
For th~ Council:
Gaetana D. Ebbole, ExeCutive Director
Children's Beach County
3111South
West-Palm ~
For the Provider:
Gerald Taylor, Mayor
City of Boynton Beach
Recreation, Athletics & Police
100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
19.
CSC may assess a penalty amounting to the lesser of
one percent of the current month's CSC request for
reimbursement or $100 for each month that a Program is out of
compliance with the timely submission of fiscal and
programmatic data as required by Sections 3c, 9, 10, and 13
of this Agreement. This penalty may also apply if the
program does not provide CSC with current copies of the
following documents:
A. Certificates of Insurance
B. Licenses to Operate Agency/Program
C. Sales Tax Exemption Certificate
D. Other items identified in the Conditions of Award
20.
Notwithstanding anything herein to the contrary, the parties
agree that the dollar amount set forth in paragraph t 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) during the course of reviewing a budget revision
submitted by the Provider pursuant to the Council's
procedures or (b) based upon the Council's monitoring of
Provider's program and its expenditure history. Before any
such reduction becomes final, the Provider will be notified
in writing of the proposed action and shall have the
opportunity to address the Council's Board regarding the
proposed reduction. The decision of the Council's Board on
this issue shall be final.
21.
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. With the possible
exception of an adjustment pursuant to paragraph 19 above,
this Agreement shall not be modified unless in writing and--
signed by both parties hereto.
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Contract No. 96-081
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 7
IN WITNESS THEREOF, the parties have caused this Agreement
be executed by their undersigned duly authorized officers.
City of Boynton Beach
Recreation, Athletics & Police
By: Date:
Print Name
Print Title
Children's Services Council of Palm Beach County
By: Date:
Gaetana D. Ebbole
Executive Director
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
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