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R93-164~ ~ RESOLUTION NO. R93-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND THE CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, FORTHE RECREATION, ATHLETICS AND POLICE (R.A.P.) PROGRAM FOR THE 1993-94 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Recreation Athletics and Police (R.A.P.) Program has been partially funded by Children's Services Council for the past three years; and WHEREAS, the ReCreation Athletics and Police (R.A.P.) Program is needed and well received by the community; and WHEREAS, the City relies on the grant from Services Council for continuation of this needed serVice; and Children's childrens' WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach 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 for the 1993-94 fiscal year. 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 for the 1993-94 fiscal year. Section 2. upon passage. ATTEST: City Clerk. Auth. Sig RAP.BBPD 9/29/93 This Resolution shall take effect immediately PASSED AND ADOPTED this ~ day of October, 1993. 1993-94 GOVERNMENTAL UNIT AGREEMENT Page 1 AGREEMENT THIS AGREEMENT, entered into as of this let day of · ~ach County, a political subdivision of the State of Florida (hereinafter referred t 'CO · . . O as uncll) and C/fy of Boy,ton Beach (hereinafter referred for the _ period from o ober 1, rec=lve ua=e ), to september 30, 1994. The ~ouncil, at its option, may extend the term.of this Agreement for tW0addi%ionai one-year periods without reviewing the program hereunder f{/nded as part of a RFP paragraph, wfll Council be will ; this :ion of the programevaluat the program. W I TNES SETH : In contained, the- hereby agree as ~ows: THIS AGREEMENT has been entered into pursuant to the Cou~ process and Provider,s C .~ any addehdum.s accepted by the ou.nc.l%. ~ .one of Exhibits A, B, C and D cont.alne~ . differ from the original proposal application shall be deemed to be addendum? thereto and s~all controt~over any inconsistent Provision of the original propose1. the mutual intending to or The Council agrees to reimburse to the Provider sums up.to $16,676 for p~ovision of s~rvices aes~ribed in the attached com osite "A" ' P Exhibit (consisting of the Program Evaluation Model and the Program 0rgani~ati~nal Chart) attached hereto and made a part hereof; composite Exhibit B (consisting of the CSC Budget Forms A and B submitted by Provider) a=tached hereto and made a part hereof; and Exhibit C (consisting Of t~e Program Data Form) attached hereto and made a ~. e 'eof'~!'iIt is expressly understood and ~ ' and between the parties, that the services ~ re hereunder by t~e Provider shall ] .ded ~liance with all terms and condit "A", "B", and "C" and in the attached hereto and made a par~ h~reOf~s Exhibit as well as the terms and conditions o~ this The Provider agrees to comply with all applicable federal, state and local laws. The Provider agrees to comply with the following requirements: 051.GOVA.DOC S~p 10, I993 3:56 am ~993-94 ~OVERI~ENT~%L UNiT ~GREENENT Fage 2 To maintain books' records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and iy wi' end. ~ as To and a lanery PrOv~er, agrees The a. of ~ five until .supporting other period of initiated the be b. Personsduly tha Council shall have full a~cess to of said materials c. To permit access by persons duly authorized by %he Council, upon reasonabl~ notice, to 011.GOVA.DOC S~ 10, 1993 3:56 am contract No. 93-08~ 1993-94 Page 3 GOVERNMENTAL UNIT AGREEMENT 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 ~it~g~gion brought against the Provider, lnc+ual~g a description of the nature of the claims i~volved, and, upon request, to furnish information regarding the status of such litigation and copies of pleading filed therein. TO re~o~t, t? the Counci%, in a formgt deemed accep=aDle Dy the Counc1%, 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 no~ be mortgaged, pledged, or hypothecated with?ut t~? prior 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 the council,s request unless there isspecific notification that this re~_irement is waived by the Council; (iii) that said item(s) shall be maintained in op~rabie condition; and (iv) that said item(s) will be insured in case of damage, loss or theft. 5. To the extent permitted by law, the Provider agrees =o indemnify and hold harmless the Council from li.abi-.lity on account of any injuries, damages, omissions,, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys, fees, as a result of services performed or no= performed, or any negligent act by the Provider or arising from funding grant, ed or not ~ranted by,the Counc. il or any action ~rislng out of the opera%ion of this Agreement. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. 7. The Children,s Services Council acknowledges that the Provider is self-insured and accepts the levels of self insurance provided by the Provider. 8. The Provider shall not use or disclose any information concerning a client under the Agreement for any 0~ I.GOVA.DOC Scp 10, 1993 3:56 am 1993-94 GOVERNMENTAL UNIT AGREEMENT Page 4 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 authorizedby law. CC P~ Council , information or obtained the scloSed by the employees b. to to the or 9. ThE iement and data as 10. of shall served the be made as Agreement and 11. The Provider is p~ duties regu and not as an assume wages by them under with for federal social insurance Coverage and state law. le federal 12. The services provided by are provided on a non-exclusive basi~ ! the Council specifi~a%!y reserves t~e right othersifo~similar Services. 13. Payments for services rendered pursuant to this Agreement shall be made to the!Provide~monthly on a reimbursement basis. Provider shall'submit an 08 I.GOVA.DOC Scp 10, 1993 3:56 am 93-081 Page invoice to the Council by the loth day of each month following the.~mont~ in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider unde~ this Agreement, in whatever form reasonably required by-~¢ouncil. Subject tot he availability of fund~, the Council will provide reimbursement to the Provider within 45 ~ays after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, 1994 (with appropriate documentation). The Council will not reimburse Providerfor any expenditure~ made by Provider under this Agreement that are submitted after October 31, 1994. 14. The Provider agrees to return to tke Council any oyerpayments made through lnadvertence~ 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 ~otification by the Council.to the Provider of Verpayment or disallowance, or b. With'-~n thirty (30) days following the end of this Agreement. 15. The.council shall have the right to deduct from any ~ubsequent 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 Agr6ement. The Councilimay, 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 payment 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 taken, the reasons for it, and the conditions, if any, under which the suspension will be lifted. Within ~ive (5) days of receipt of the notice of suspension, the Provider may request a hearing before the Council. Suspension shall be effective five (5) 081.GOVA.DOC S~p 10. t993 3:56 am Contract No. 93-081 1993-94 GOVBP~MENTAL UNIT AGREEMENT · Page 6 days after receipt by the Provider, unless.the Council has determined that immediate suspension is necessary and so informs the Provider. 16. 17. 18. In to For the Council: Barba=a A. Children,s 3111 So. Dixie Hi( Suite 243 West Palm Beach, FLi~33405 , the The after of become shall be funds. any to in (24) [ a shall demand of to on. be in 081 .GOVA.DOC Scp 10. 1993 3:56 am Contra=t No. 95-08I 2993-94 GOVERNI(ENT~ UNI~ AGREF~ENT Page 7 ..... ~ ,~ ~.~. - 19. 20. For the Provider: J:_Scott Miller, City Manager Cl=y of Boynton Beach Recreation, Athletics & Police 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Notw%thstanding 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 ~end the entire amount allo~ate~ 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 theCouncil,s procedures or (b) based upon the Council,s monitoring ~f~Provider's program 9nd its expenditure history. ue=ore any such reduction becomes final, the Provider will De notified in writing of the proposed action and shall have the opportunity to address the Council's Board regarding the proposedreduction. The decision of the Council's Board on this issue shall be~ final. 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 other~ise, 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 pgragraph 19 above, this Agreement shall not be modified unless in writing and signed by both parties hereto. 081.GOVA.DOC Sep 10. 1993 3:56 am Contract ~o. 93-08~ · 993-94 GOVERNHENT~L UNZT AGREF~ENT Page 8 IN WITNESS THEREOF, the parties have caused this Agreem.ent to be executed bytheir undersigned duly authhorlzed officers. ~' ~ ~it¥ of Boynton Be~ch ecreation, AthletiCs & Police By: ~'~ i Da re. · Print ~itle Children's !Services Council of Palm Beac~Count¥ By: Date: James C. Hill, Jr. Chairman By: Date: Barbara A. Kauffman Executive Director APPROVED AS TO FORM & LEGAL SUFFICIENCY By: Thomas A. Sheehan, III Attorney for Children's of Palm Beach County Services Council 08 I.GOVA,DOC Sep 10~ 1993 3:56 am 1. Program Evaluation Model 2. Program Organizational Chart -- ~0 0 n. Boynton Beach Police Department Recreation/Athletics/Police Program Chiefof Police Depu~/Chief of Bureau of Admin. Lt. Public, Comm. Relations Div. CPO RAP Officer 46% CSC 1 FTE EXHIBIT B 1. CSC Budget Form A 2. CSC Budget Form B o ~ ~ 0 0 0 Agency: Program: PART I. BOYNTON BEACH POLICE DE~AltTM~NT RECREATION, ATHLETICS & POLICE CSC Funding Period 10/01/~3 to 09/30/94 31, 1993 Page 1 of 2 Salaries Fringe Benefits I. Travel IlL Building, Space IV. Communications/ Utilities V. Pfinting/~u Dolies VI. Food Viii. Ot~er Costs LX. Equ~pmem TOTALPROGRAM 16,676 X, REVENUES A. CSC E~. Contr{Dut~ne 37 2. In-Kind C. Program Fees D. Palm Beach County E. United Way (specify) F. HRS G. Other TOTALPROGRAM REVENUES EXCESS(DEFICI~ FormB[ (ns) $ $ 446 S 36¢122 400 ;,00 $45,637 100 Agency: BOYNTON BEACH POLICE DEPARTIfCNT Program: RECREATION, ATHLETICS & POLI~E OmteSubmRt~: MARCH 31, 1993 Page 2 of 2 CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SU-M2~u~tRy Funding Period 10/01/93 to 09/30/94 PART II. A. COSTPER CLIENT 1. Total Numt~r of Primal'7 Clients 2. Total Program Exoenses as shown ~n Part 1 Column 6 3. Cost Der Pdma~ Cliem (line 2 divided by line 1) OR 1. Total Numl)er of Outreach Cliems 2. Total Program Expe~sas as sl~own in Part 1. Column ,~ 3. Cost per Outrascl~ Client (line 2 divided by line 1) PART III. MATCHING FUNDS - Indicate I:~etow the amount use~l from each local source as ma~cnlng funds, the gram amount and grant titte. 545,637 $ 913 5 Children s Se~cas Council :516,676 RECREATION, ATHLETICS 2. United Way 3. Jewish Federation 4. Other [e.g.. Communi~ Foundstion, Educauon Foundation. Archdiocese. 5 7 5 $ $ $ ,$ FormB2 (ag) EXHIBIT C t. Program Data Eorm 1~3--94 BASE PROG~APPLIC~TION D~ ATA FORM PROGRAM FORM C PROGRAM: RECREATTOI,~, ATHLETICS & ?0LZCE ~CE HOW MANY CHILDREN WILL BE SERVED 1 0/1/g3 TO HOW MANY ADULTS WILL BE SERVED lO/I/ga TO HOW MANY CLIENTS WILL SE SERVED 10/1/g3 TO 9/30/94? ~ULTS +NUMBER OF CHILDREN} Primm7 OutJ'ee= 50 300 0 0 50 300 WHAT ARE THE AGES OF THE CLIENTS YOU WIlL SERVE? Slrth -- 2 3--5 10 -- t3 X~' 14 -- 18 7~: 19+ All of the Above ~WHAT GEOGRAPHIC AREA(s) tN PALM 8EACH (~OUNTY WILL YOU SERVE? North Central South We~t All of the Above HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? Full time Part time HOW MANY EMPLOYEES WILL BE FUNDED BY C$C? Full time Part time For C$C Use On~. CSC FUNDS TOTAL PROGRA~M BUDGET CSC % OF PROGRAM .BUDGET __ AGENt; $43,913 $ 45,_637 36 % [ 37 % TOTAL AGENCY BUDGET PROGRAM ~ OF AGENCY -- BUDGET -- .003 COST PER CLIENT PER~ ~or ~c Use ~ Suplxm: EXH~'B'r T D 1. condOr:ions of Award- CONTRACT 93-08Z PROGRAM AGENCY Recreation/Athletics/Police (I~P) Boynton Beach Pollce Depar~.~ent CONDITIONS OF AWARD PROGRAMMATIC A. ISSUES or information to be furnished or resolved within sixty (60) days of execution of contract: 1. Completion of program evaluation forms/test instruments. B. Conditions to be observed throughout contract: 1. Provider agrees to,obtain CSC approval for any proposed changes in the progfam~ to implementation. 2. Provider agrees to submit copmes of all subcontracts, c°ntraCts:&~d/Or agreements ~etated to the implementation of ~his program. 3. Provider agree~ to maintain a current copy of the following 8n file Wit~ CSC: Service site(s) Fire Inspection Certificate(s) Service site(s) Health Inspection Certificate(s), if applicable Job descriptions/resume(s) of all CSC funded staff positions Certificates of insurance and bonding License(s) tQ operate Agency/program, if applicable Sales tax exemption certificate 93-94COA.081 $¢p 14, 1993 9:07 am Page I CONTRACT 93-081 PROGR~f: Recreation/Athletics/Police (~P) Bo~nton Beach Police Department CONDITIONS OF AWARD 'ri. FISC~ Conditions to be observed throughout contract: 1. Providers agree to obtain written approval from CSC for any propose~ changes in the CSC program budget prior to im-pl~mentation. 2. do CSC 3. CSC Fiscal 4e Guideli~ app based on the ctual expenses. 93-94COA.081 Sep 14. [993 9:07 am Page 2