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R94-145RESOLUTION NO. R94-/4z'~- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND THE CHILD CARE RESOURCE & REFERRAL, INC.; PROVIDING FOR "SUBSTITUTES ON STANDBY" FOR LATCHKEY PROGRAMS AT ROLLING GREEN ELEMENTARY SCHOOL FOR FISCAL YEARS 1993-94 and 1994-95; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission agrees it is in the best interests of the citizens and residents of the City to enter into Agreements with the Child Care Resource & Referral, Inc., (CCR&R) wherein CCR&R will provide "substitutes on standby" for latchkey programs at Rolling Green Elementary School. 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 both Agreements between the City of Boynton Beach and Child Care Resource & Referral, Inc., said Agreements being attached hereto as Exhibit "A", one agreement covering fiscal year 1993-94 and one agreement covering fiscal year 1994-95. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 1994. Mayor ~ ~/J~ Vice May~r ' Commissioner ~ ~"-~,LJ '~ Commissioner ATTEST: Clerk (Corporate Seal) latchkey.res 9/1/94 ACGOU NT NUMBER.__ AGREEMENT CONCERNING CONDITION OF SERVfCE SUBSTITUTES ON STANDBY ,,SOS,, City of Boynton Beach WHEREAS.~~y Afterschoo,~emmaft~ r~ferred to as 'Center', is a duly licensed Child Care Facility located at Rolling Greem Elementary School, 550 Miner Road, Boynton Beach, FL 33435 WHEREAS Ce~er occasionally requires the service of individuals to substitute teach at said facility. WHEREAS, one of the services available through Child Care Resource & Referral inc., hereinafter referred to as "CCR&R" is the proV~ion oftrained, finger printed. &screened Substitute Teachers to duly ticensecl Child Care Pacilitle4~. said service being known as "Substitutes On Standby', hereinafter referred ~ as "S.O.S." ~EREAS, CCR&R & Center wish fo enter into an agreement whereby CCR&R will provide substitute teachers to Center on an as needed basis. NOW THEREFORE. for g~od & valuable consideration, the parties hereto, intending to be tegallybound do hereby ag res as fotk~ws: 1 The Ce~er understands that there is no guarantee that a substitute will always be available. Subject to availability, CCR&R will provide substitute teachers to Center upon the request of Cer~er. 2. The parties undemtand that the availability of substitutes increases with the amount of prior notice given OCR&II by Center of thek need for a substitute(s). 3. Hourly rates and rain,hum charges: A For short-term substitute services usedfor: staff development, parent conferences, sick or respite leave, and scheduled vacations not exceeding five (5) continuous days per individual p~sition, Center agrees to pay CCR&R ~he sum of $ 8. O0 ~er hour for each individual provided under the S.O.S. program with a minimum on any one assignment being four hours. ,,ubstit .eed for: of i.,,e whic. ceeds continuous or for agrees to pay CCR&R the sum of $ per hour for each individual provided under the S.O.S. program with a mnimum on any one assignment being four hours. 4. Center agrees to follow alt q=air Labor Laws* with substitute(s) assigned to their facility. Center needing a substitute(s) to work over 40 hours per week will be biiled at a sum of time and a half of the current hourly bill rate for that substitute(s). 5. Ca ncellation P oiicy: Ca nceiiatio n of a request for asu bstitute must be made at least 2~ hou rs prior to the start of an assign merit to avoid ~s four hour minimum charge. 6. OCR&Ii will be responsible for the payment of all wages and fringe bene~s, if any, of the individuals provided bythe S. OS. program, irctuding the payment of ali required ,~tyrotl ~ax~s, and the maintenance of worker's compensation insurance as required i=~ state law. ,."~e Center is not the empto~r of said individual and is n~t responsible for the payment of said wages or benefits. 7. The Center agrees not to <~rectly or indirectly hire a OCR&R employee (Substitutes On Standby) within 120 days of that individual's completion of employment with CCR&R except with the prior written permission of CCR&R, at which time the Center agrees to pay a placement fee of $ 400, O0 If an S.O.S. employee is hired by Center without the pdor written consent of CCR&R t~ Center wii p~y a placement f~e of $ 800. O0 8. Center agrees that it wilt not utilize S.O.S. employees to drive v~hictes. Center agrees to indemnify and hold CCR&R harmless if Center does utilize SOS. employees for this purpose. 9. Center agrees notto pay S.O.S. employs directty or to advance any funds to them. 10. Center agrees that it will not entrust S.O.S. employees with unattended cash, checks, negotiable, ~r other valuables. Center agrees to indemnify CCR&R and hold OCR&R harmless for any claims asserted arising out S.O.S. employees who are entrusted with unattended cash. checks, negotiable or other valuables. tl. Center agrees to abide bythe Rules & Regulations governing Child Care Facilities in Palm Beach County, Fl. 12. Center has received and is familiar with a copy of CCR&R Complaint Policies & Procedures and is aware the S.O.S. employees will abide by these policies. 13. Center agrees totermsof Net Upon Receipt and understands that unpaid accounts will be considered in defautt after (15) fifteen da.~. Center agrees to pay reasonable attorney's fees and othercoets and expenses of collection incurred by COR&R in enforcing this agreement 14. If Center has an outstanding balance beyond (30) thirty days, CCR&R witi not provide S.O.S. service to the Center untiithe balance has been paid in full. 15, OCR&F[ may cancel this agreement upon (3) three days written notice tothe Center, including but not iimitmd any ortho above paragraphs which are not complied with. 16. Center agrees to pays non-refundable Membemhiptee to CCR&ROf $ 115.00 to'utitizethe S.O.S. programfor a term commencing on October 1, 1994 andcontinuingto September 30, 1995 payable u pon the sign hg of this contract tN WtTNESS WHEREOF the pe tries hereto have executed this agreement this ......... dayof 199 CCR&R: By:. Signature Date T~le ACCOUNT NUMBER SUBSTITUTES ON STANDBY (SOS) City of Boynton Beach Latchkey Afterschool hereinafter referred to as "Center" WHEREAS, ~r~.. - ' is a duly licensed Child Care Facility located at Rollin~ Green WHEREAS, Center occasionally requires the service of individuals to substitute teach at said facility. WHEREAS, on of the services available through Child. Care Resource & Referral . Inc., hereinafter referred to as "CCR&R" is the provision of trained, finger printed, & screened Substitute Teachers to duly licensed Child Care Facilities, said service being known as "Substitutes Qn Standby", hereinafter referred to as" S.O.S." WHEREAS, CCR&R & Center wish to enter into an agreement whereby CCR&R will provide 'substitute teachers to Center on an as needed basis. NOW THEREFORE. for good & valuable consideration, the parties hereto, intending to be legally bound do hereby agree as follows: 1. The Center understands that there is no guarantee that a substitute will always be available. Subject to availability, CCR&R will provide substitute teachers to Center upon the request of Center. 2. The parties understand that the availability of substitutes increases with the amount of prior notice given CCR&R by Center of their need for a substitute(s). 3. Center agrees to pay CCR&R the sum of $11.00 * per hour for each individual provided under the S.O.S. program with a minimum on any one assignment being four hours. 4. Center agrees to follow all "Fair Labor Laws" with substitute(s} assigned to their facility. Center needing an. substitute(s) to work over 40 hours per week will be billed at a sum of time and a half of the current hourly bill rate for that substitute(s). 5. Cancellation Policy: Cancellation of a request for a substitute must be make at least 24 hours prior to the start of an assignment to avoid the four hour minimum charge. 6. CCR&R will be responsible for the payment of all wages and fringe benefits, if any, of the individuals provided by the S.O.S. program, including the payment of all required payroll taxes, and the maintenance of worker's compensation insurance as required by state law. The Center is not the employer of said individual and is not responsible for the payment of said wages or benefits. 7. The Center agrees not to directly or indirectly hire a CCR&R employee (Substitutes On Standby) within 12~ days of that individual's completion of an assignment at the Center except with the prior written permission of CCR&R, at which time the Center agrees to pay a placement fee of $400.00 If an S.O.S. employee is hired by Center without the prior written consent of CCR&R the Center will pay a placement fee of $ 800.00 8. Center agrees that it will not utilize S.O.S. employees to drive vehicles. Center agrees to indemnify and hold CCR&R harmless if Center does utilize S.O.S. employees for this purpose. 9o Center agrees not to pay S.O.S. employee directly or to advance any funds to them. 10. Center agrees that it will not entrust S.O.S. employees with unattended cash, checks, negotiable, or other valuables. Center agrees to indemnify CCR&R and hold CCR&R harmless for any claims asserted arising out S.O.S. employees who are entrusted with unattended cash, checks, negotiable or other valuables. 1i.~ Center agrees to abide iby Child Care Facilities in P overning 12. Center has .receJ~ved and is fami3 Complaint Policies & ProcedUres and will abide by these policies. with CCR&R ~e the S.O! ployees-- ].3. Center agrees to terms of Net Upon Receipt and understands that unpaid accounts will be considered in default after (15) fifteen days. Center agrees to pay reasonable attorney's fees and other costs and expenses of collection incurred by CCR&R in enforcing this agreement. ~ 14. CCR&R may cancel this agreement upon (3) three days written notice to the Center, including but not limited any of the above paragraphs which are not complied with. 15. If Center h~s an outstanding balance beyond (30) thirty days, CCR&R will not provide S.O.S. service to the Center until the balance has been paid in full. 16. Center agrees to pay a non-refundable Membership fee to CCR&R of $. 59,:00 to utilize the S.O.S. program for a term commencing on July 29, 1994 and continuing to September 30.1994Payable upon the signing of this contract. IN WITNESS WHEREO~ the parties hereto have executed this agreement this day of 199 . CENTER: CCR&R~ By: By~ Signature Date Signature Date Title Title