R92-164RESOLUTION NO. R92-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A GOVERnmENTAL
UNIT AGREEMENT BETWEEN THE CHILDREN'S
SERVICES COUNCIL OF PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH TO PROVIDE
AFTERSCHOOL CARE FOR CHILDREN (LATCHKEY
AFTERSCHOOL PROGRAM); A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Latchkey Afterschool Program is designed
to provide afterschool care for children who attend Rolling
Green or Poinciana Elementary School, as well as elementary
school-aged children who live in the vicinity; and
WHEREAS, each year the City of Boynton Beach must
contract with the Children's Services Council for grant
funding enabling the Latchkey Program to be conducted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CItY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
Boynton Beach hereby authorizes and directs the Mayor and
Rity Clerk to execute an Agreement between the City of
Boynton Beach and Children's Services Council of Palm Beach
2ounty, a copy of which Agreement is attached hereto as
Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED ~ND ADOPTED this /,¢-- day of September, 1992.
CITY OF BOYNTON BEACH,
Vice/~ayor
FLORIDA
~TTEST:
~i~ Clerk ' -4-
(Corporate Seal)
Latchkey. Agr
9/11/92
Contract No. 92-102
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page i
THIS AGREEMENT, entered into as of this ist day of
October, 1992 by and between the Children.s Services
Council of Palm Beach County, a political subdivision of
the Sta=e of Florida (hereinafter referred to as
"Council") and City of Boynton Beach Recreation & Park
Department, Latchkey After School Program , (hereinafter
referred to as "Provider"), for the p~riod from october 1,
1992 ("Effective Date"), =o September 30, 1993.
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~follo~s.
THIS AGREEMENT has been entered-into pursuant to the
Council's 1992-93 Application/RFP p=ocess and Provider.s
response thereto #011 and any addendums accepted by the
Council. Those portions of Exhibits A, B, C and D
contained h~r~in that differ from the o~iiginal proposal or
application Shall be deemed to be addend~s'thereto and
shall control over any inconsistent pr0v~sion of the
original proposal.
1. The Council agrees to reimburse to ~he Provider sums
up to $98,717 for provision of services described in
the attaqhed composite Exhibit "A" .~cgnsisting of the
Program. Evaluation Model and the Program
Organizational Chart) attached heret6 and made a part
hereof; ~omposite Exhibit "B" (c6nsiSting of the CSC
Budget Forms A and B submitted by t~e~ Provider)
attached hereto and made a part ~ere6f; and Exhibit C
(consisting of the Program Data Form) attached hereto
and made a part hereof. It is e~pr~Ssly understood
and agreed, by and between the parties, that the
services to be rendered hereunde~b~he Provider
shall be iprovided in compliance Qit~i~ll terms and
conditions set forth in Exhibit ,A", "B", and "C" and
· n the Conditions of Award attached here%o and made a
part hereof as Exhibit "D", as well ~S the terms and
conditions of this document.
2. The Provider agrees =o comply with all applicable
federal, state and local laws.
3. The Provider agrees to comply with the following
requirements:
bo
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.
To assure that these records shall be
available, upon reasonable notice, ~o inspection,
000GOV2.DOC
Sep 9, 1992 4:29 pm
Contract No. 92-102
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 2
review or audit by the Council and personnel duly
authorized by the Council uo make such inspection,
review or audit.
c. To submit, upc~ completion~of ~his Agreement, a
GAO Standard Fiha~c~a~ end, complianCe
~ud~ (.'-the Audft'.)~ithin ~20 days
prov~&r"s f~:scatl Y~a? ena~ In~ the ~e!h~ that
~ro~id~r~s fls¢~l yea.r en~f0ccu~s Prior to the
completion of the ~rm~ of this Agreement,
Provider will supply the a~dit ~nd a,Gcompanying
manag~nt letter fgr each ?f ~e p~o¥~der's
fiscal ~arso~.Cur~ing d~ng~%~ ter~pf~his
Agr~e~ ~ e~c~?~h~ ~a~i~t~ aha~~m~' letter
to be provided within 120 days gf~the p~ovider's
fiscal ?ear en~.
d. T~;~ain~a~iD '!~n~ file,' with the C~cil~h
p~oq~e~,~ f~c~l~ ~nve'ntoi~/' a~9~he~ ~ports as
%h~ ~%~%~il '~9 re,a-ire dari~%~e ~rm~'of the
Agreement
e. To include these aforementioned'audi% and
~c~rd-keepih~ ~req~iremen~s in all approved
~cbhtb~cts
f. TO a~knbwledge', =0 t~e ex~nt feasible and
~ppf~r~ate,¢ounc~il~.~und~ng of ~he p~ogram
~entif~a in.!Exhibit ~'A"iinpub~ications,
buile~i~h~,, p~blic~elatio~s acti~ity~ a~d
stat~ner~ o~ Pt0v~ider.
4. The
a. To retlain all~ financial records, supporting
docum~nts~ st~tisti~at records and any other
document~ pertinent to this Agreement for a period
of five' ~5) y~arS following termination of this
Agreementor, if an audit has been initiated and
audit findings have not been resolved at~ the end of
the five year period, the records sh~ll be retained
until resolution of all audit findings.
b. Persons duly authorized by the Council shall have
full access =o and the right to examine any of
said materials during said period.
c. To permit access by persons duly authorized
by %he Council, upon reasonable not~ce, to
the Program(s) funded by the Counci~ hereunder for
purposes of monitoring said program(s).
d. To report to the Council during the =erm of
this Agreemen= any threa=ened or pending
litiga{ion brought against the Provider,
includinq a description of the na=ure of the
000GOV2.DOC
Sep 9, 1992 4:29 pm
Contract No. 92-102
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 3
claims involved, and, upon request, to furnish
information regarding the status of such
litigation and copies of pleading filed therein.
e. To report to 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).
f. That those capital items which are =o be
acquired by the Provider and reimbursed by the
Council, shall be subjec5 to the requirements
(i) that said items may no= .be mortgaged,
pledged, or hypothecated without the prior
written approval of the C.ouncil; (ii) that
upon termination or earlier cancellation of this
Agreement, the said item(s) shall be transferred
5o the Council, at the Council's request unless
ther.e is spe.cific.notification that this
requirement is walved by the Counci~l; (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.
5. TO the ex=ent permitted by law, the Provider agrees
5o 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 accruing,
including court cosss and attorneys' fees, as a result
of services performed or no5 performed~ or any
negligen5 act by the Provider or arising from funding
granted or no~ granted by the Council or any action
arising ou= of the operation of this Agreement.
6. This contract may not be assigned or subcontracted 5o
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 accepss the levels of
self insurance provided by the Provider.
8. The Provider shall not use or disclose any
information concerning a clien5 under the Agreement
for any purpose no5 in conformity with federal and
s=ate laws and regulations except on written consent
of the client, or his responsible parent or guardian
when authcrized by law.
a. The Provider agrees 5o establish and maintain
procedures and controls acceptable to the Council
000GOV2.DOC
Sep 9, 1992 4:29 pm
contract No. 92-102
1992-93
Page 4
10.
GOVERNMENTAL UNIT AGREEMENT
for safeguarding records, so that no information
contained in the Provider's records, or obtained
from others carrying out the terms of the
Agreement, shall be used by or disclosed by the
Provider, its ageDts, officers or employees
except as provided by law.
b. It shall be the responsibility of the Provider to
take all reasonable s~eps necessary to implement
promptly such procedures 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
o~he~informat£o~-pertainin~ to-~ny such client.
The P~ovider shall submit to the Council management
and ~ogram data~ in~idd~ing Clien~ identifiable data
as deemed essential by the COuncil~
~he PrOvider shall furnish~ the Council with reports
11.
The Provider is performing the services and duties
required hereunder as an independent contractor and
no= as an employee, agent, partner of, or joint
~enturer with t~e Council. The Provider shall assume
sole and exclusive responsibility for the paymen= of
wages to all employees for services performed by them
un~er this Agreement. The Provider shall, with
~espect to said employees, be responsible for
ithholdinq federal i~come taxes, payl~n~ federal
social security taxes, maintaining unemployment
insura, nce a~nd,.maintaining worker's~co~Pensation
coverage in amounts required by applicable federal
and state law.
12.
13.
The services provided by the Provider hereunder are
p=ovided on a non-exclusive basis, and the Council
specifically reserves the right to contract with
others for similar services.
Payments for services rendered pursuant to this
Agreement shall be made to the Provider monthly on a
reimbursemen= 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
000GOV2.DOC
Sep 9, 1992 4:29 pm
Contract No. 92-102 - -- ·
1992-93 GOVERNMENTAL UNIT AGREEMENT
Page 5
funds, the Council will provide reimbursement to the
Provider within 45 days after receipt of the invoice.
Provider shall submit a final invoice to the Council
no later than October 31, 1993 (with appropriate
documentation). The Council will not reimburse
Provider for any expenditures made by Provider under
this Agreement that are submitted after October 31,
1993.
14.
The Provider agrees =o 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 ~o 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 subsequen= payment request 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
~ermlnate 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 par= of the Provider's
operations.
Before ~uspending 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 ~o be
taken, 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 effec=ive 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 un=il a date
determined by the Council following the hearing. The
000GOV2.DOC
Sep 9, 1992 4:29 pm
Contract No. 92-102
1992-93 GOVERNMENTAL
Page 6
16.
UNIT AGREEMENT
hearing will be held within a reasonable time after
request therefore to consider any matters relevant to
the suspension and will determine, in light of
matters presented, if the suspension and any
Conditions £mpos~ed on ~e£nstatement.'are warranted.
Th~ decisi0~~ ~f-the douncil shall be final.
In t~e event funds to finance this Agreement become
unavailable to the Council, the Council ~ay terminate
this Agreement ~pQn_ no less ~hani.fi~e (5)~ ~days
w~itten.notice%~tlo the Provider. ~-~he..Council shall be
the final authority as to the auail~biiity of funds.
any
~n Dy the Pr(
terminate this in
(24)
18.
The shall
Provider for p~
no= ~be~ =onstrue~as. demand
strict compliance w~ or
terminate for said b or
~d sha.~l not be con~trued to~ be~m~i~ication of
the ~erms ~f th~Ag~eement. ~he
p~ovided that Previder shal'l.g~lve !S~y.~{~Du) oays
notice in writing to Council. The Council shall
reimburse the ~P~6vi~er f?r all mor~i~S~ie~ended up =o
and ~ncluding t~e etf~ct~ve ~ate
~otlce~: all notices~requlred he=e~d~..~shall be in
wr~itin~and shail b~ addresse~ to~f~owing
~epresentative of the pa~t p~ties~.~ ~
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 Prouider:
19.
charles Frederick
Director of Recreation & Parks Dep=.
City of Boynton Beach Recreation & Park Department
Latchkey After School Program
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Notwithstanding anything herein to the contrary,
the parties agree that the dollar amount se= forth
in paragraph 1 above may be reduced in the event
that the Council determines that the Provider will
not spend the entire amoun= allocated by September
000GOV2.DOC
Sep 9, 1992 4:29 pm
Contract NO. 92-i~2
1992-93 GOVERN/~NTAL UNIT AGREEMENT
Page 7
30th fiscal year end. The determination may be made
(a) during the course of reviewing a budget revision
submitted by the Provider pursuant ~o the Council's
procedures or Ib) based upon the Council's monitoring
of Provider,s program and its expenditure history.
Before any such reduc=lon becomes finat, the Provider
will be notified in writing of the proposed ac=ion
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.
20.
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 exlst or ~o bind any of the parties hereto.
With the possible exception of an adjusr~nent pursuant
to paragraph 19 above, this Agreemen% shaitl not be
modified unless in writing and signed by both parties
here=o.
000GOV2.DOC
Sep 10, 1992 9:45 am
Contract NO. 92-102
1992-93 GOVERNMENTAL
Page 8
UNIT AGREEMENT
IN WITNESS THEREOF the parties have caused this
Ag=eement to.b~ executed by theLr undersigned duly
~uthorized officers.
City of Boynton Beach Recreation & Park Department
Latchkey A~ter School Program
By: Date:
Print Name
Print T~tle
Children's Services Council of Palm Beach County
By: Date:
Susan Pell
Chairman
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas Ao Sheehan, III
Attorney for Children's Services
of Palm Beach County
Council
000GOV2.DOC
Sep 10, 1992 9:49 am
EXHIBIT A
1. Program Evaluation Model
2. Program Organizational Chart
0 "~ O-,.e Om 0
~1 ~ '~ - '~'~
0 0~ ~
· 0~ ~0~
I
O~
OC ~
~ ~ 0 0 ~
~ ~mO ~ 0
EXHIBIT
1. CSC Budge= Form A
2. CSC Budge~ Form B
> ~
CITY OF BOYIT~N BEACH
Date Submittea: AUGUST 10, 1992
Page 1 of 2
Agency:
P-~]~&~FIOI~ & pAalr DElmT.
program: L/LI~{II{~ A~'_rF..K~CROOL PR~
CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARY
Funding Period t0/01/92 to 09/30/93
PART I.
.~. (1) (2) (3) (4) (5) (6)
· :::..:::: :::::: :. :::::~¥::: .-..:~ ::::::::::::::::::::::::::::::::: :~<:~.:x ::..-.....- :~;.; .....:... ...::.:z ::~ :..,: .~:~ : :.:L:;~ :: ::[~:::[:::¥ .~ :: ¢:- ::: :~.::, ....~......... ~.. .......... ;
........... ~~ ............ ~i..~,...I.. ~......fi~i...,.. ~.... I..~,...... ~... ~am~s
Fringe Seneflts
u Building Space
V Cammunlcaaons/
v P rinting/Suppites
vt. Fooc
$ 77,160 $ 0 $ 0 $ 0 $ 0 $ 77,160
9~368 0 0
60
0
0 0
604 0 .0 '~
0
0
0 604
12m744
5,576
1,278
0 0 0
2,715
12~744
5,576
L,278
0
t09,505
LO0 %
96,717
0
0
TOTAL PROGRAM
EXPENSES $ 109m505 rS 0 $ 0
PERCENT OF PROGRAM
100 %i 0 %{ 0 %1
x REVENUES ~
A. cst 96,717 0 0
B Contnb~ions
Cas~ 0 0 0
2. n-Kind
0 0 0
c Program Fees
12,788 0 0
D. Palm Beactn County
0 O 0
E. un~teo Way ($pecn'y)
0 0 0
F HRS
0 0 0
G. Other
0 0 0
TOTAL PROGRAM
REVENUES
EXCESS (DEFICIT)
109,505 0
0 0
0 12,7
0 0
0 0
0 0
0 109,505
0 0
Agency: CI~f~ OF BOY1TrON BEACH
~:a~'-~TION & PARg DEPART~'f
Program: T-~TCH~E~ ~l.~l'~agCH00L PRO.RAN
Date Subm~e~l: AUOUST 10, 1992
Page 2 of 2
CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARY
Funding Period 10/01/92 to 09/30/93
PART II.
A. COSTPER CLIENT
Total Numoer of Primary Clients
2, Total Program Exoenses as shown in Pan 1. Column 6
3. Coa~ oer Primary Chent (line 2 ctivide~i by line 1 }
OR
150
$ 109,505
$ 730.03
1. Total Number of Outreach Clients
2. Total Program Exnenaea as anown in Par~ 1 Column 6
3. Cos~ oer Outreach Client {l~ne 2 aivi~iecl by tree 1)
PART III.
MATCHING FUNDS - Inclicate below rne amount uSed from each focal source as ma~cnmg funcla, the grant amount an(3 grant title.
1 Chiloren'$ Semites Council i$ $
2. Umted Way $ $
Other (e.g., Communr~y Foundation.
Education Founoatlon, Archdiocese,
etc
$ $
5. $ $
6 $ $
EXHIBIT C
1. Program Data Form
1992-93 BASE PROGRAM APPLICATION DATA FORM
PROGRAM FORM D
PROGRAM: LATcItKEY A.t~£~,SCHOOL PROGRAM
AGENCY F BOYNTON B
::.:.:':::' ......... .:::.:-:::L ' EACH RECREATION & PAR[ DEPARTMENT
HOW MANY CHILDREN WILL BE SERVED 10/1/g2 TO g130/g37
HOW MANY ADULTS WILL EE SERVED 10/1
HOW MANY CLIENTS WILL BE SERVED 10/1/g2 TO
(ADD N_UMBER OF ADULTS ~- NUM~BER OF CHILDREN)
WHAT ARE THE AGEB OF THE
CLIENTS 'YOU WILL SERVE?
Birth - S
3-5 X
0--g X
All of tiao Above
150 0
0 0
150 0
WHAT GEOGRAPHIC AREA(S) IN PALM
BEACH COUNTY WILL YOU SERVE?
Noftia
Sou~ Z
Well:
All of tiao AI3ove
HOW MANY EMPLOYEES WILL YOUR FROGRAM HAVE?
Furl t~me 0
Part ume 1 l
HOW MANY EMPLOYEES WILL BE FUNDED BY CBC?
FulJ time 0
Part t~rne
(INCLUDES 3 SUBSTI'~'u'r[S)
Il (INC~LD1)ES SOBSzuTUTr.'S)
CSCFUNDS $ 107,288.00 $ 96,717 (S 10,571) (9.9%)
TOTAL PROGRAM BUDGET $ 113,238.00 $ 109,505 ($ 3,733) (3.~%)
CBC % OF PROGRAM BUDGET
4 7%
9~. 88.3%
TOTAL AGENCy BUDGET
S 2,034,361 $ NOT AVAXT.ARI..E $
PROGRAM % OF AGENCY
BUDGET
COST PER CLIENT
COST PER CLIENT PER YEAR
$ 871.00 $ 730.03
~ (140.97)
(16.2~
EXHIBIT D
1. Conditions of Award
CONTRACT 92-102
PROGR~H: After School Latchkey Recreation
AGENCY: City of Boynton Beach Recreation & Parks
¢ONDrrlON$ OF AWARD
I. PROGRAMMATIC
Issues or information to be furnished or resolved within
sixty (60) days of execution of contrac==
1. Completion of program evaluation forms/=est instruments.
Conditions to be observed throughout contrac=:
1. Provider agrees to obtain CSC approval for any proposed
changes in the program Orlor to implementation.
2. Provider agrees to submit copies of all subcontrac=s,
contracts and/or agreements related to the
implementation of this program.
3. Provider agrees to maintain a current copy of the
following on file with CSC:
Service sits(s) Fire Inspection
Certificate(s)
Service site(s) Health Inspection
Certificate(s)
. Job descriptions/resumes of all CSC funded
staff positions
· Certificates of insurance and bonding
· License(s) to operate program
Sales tax exemption certificate
II. FISCAL
A. Conditions to he observed throughout con=tact:
Providers agree to obtain written approval from CSC for
any proposed changes in the CSC program budget prior uo
implementation.
9293COA.102 Sep 3. 1992 2:0g pm
CONTRACT 92-102
PROGRAM= After School Latchkey Recreation
AGENCY: city of Boynton Beach Recreation & Parks
CONDITIONS OF AWARD
In executing =his agreement, Provider represents and
warrantsthat the Council funds to be eX~ended hereunder
to support the budgeted job positionS do not replace or-~
supplant funds previously supplied .by Provider for such
positions.
The CSC ~
1
9293COA.102 Sep 3, 1992 2:08 pm
Pag~ 2