90-TTTTTTRESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A CERTAIN
GOVERNMENTAL UNIT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA AND
THE CHILDREN'S SERVICES COUNCIL OF
PALM BEACH COUNTY, AUTHORIZING
APPROVAL OF A GRANT FOR THE JUVENILE
FIRST OFFENDER PROGRAM IN THE AMOUNT
OF $30,000.00; A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
ExHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is deemed to be in the best interests of
the citizens and residents of the City of Boynton Beach,
Florida by the City CommiSsion, to authorize approval of the
Children Services Council Grant for the Juvenile First
Offender Program in the amount of $30,000.00; and
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 and directed to execute a certain Governmental
Unit Agreement between the City of Boynton Beach, Florida
and the Children's Services Council of Palm Beach County,
authorizing the approval of the Children Services Council
Grant for the Juvenile First Offender Program in the amount
of $30,000.00.
Section 2. This Resolution shall take effect
immediately upon passage.
CI~f/OF~YNTON/~' BEACH, FLORIDA
~ ~yor -
CommisSionerTM )~
sioner -
Commissioner
ATTEST:
Clerk
(Corporat~S~l)
Contract No. 90-028
1990-91 GOVERNMENTAL ~NIT AGREEMENT
Page 1
AGREEMENT
THIS AGREEMENT, entered into this 1st day of October,
1990 by and between the Children's ~Services Council of
Palm Beach County;'a political subdivlsion,0f the Stat~ of
Florida(~hereinafter. referred to as ~Councll")and Boynton
Beach Police Department - Juvenile First Offenders,
(hereinafter referred to as "Provider"), for the period
from October 1, 1990, to September 30, 1991.
W I~T N E S S E T H : . In consideration_ r- ?f -~ ~e~elmutua~
agreement~ hereaftercontained, the parties, lntendln to
be legally bound, hereby~agree as follows:
T~IS AGREEMENT has been.entered into pursuant to the
Council'~s RFp process and Provider's response thereto #028
and ~nv~addendums~.. accepted by~ the Council. Those port'lons
of ExhibIts A, B and C contained herein that differ from
the origins! proposal, shall be deemed to be addendums
there~o~andshall control over any inconsistent provision
of the 0ri~inal proposal.
with
"B" ~
made
and
L. !The Council agrees to reimburse tO the Provider
sums up,~tO~ $30,000.00 for provision, of services described
in tke attached composite EXhibit "A" (consisting of the
Program !Synopsis Form, Service Objectives Form, Program
Modet-~and~easurement Model, and the Program
Organiz~ibnat Chart) and the attached como~oslt~ M~h~e
'B" ~o~sistin~ of the CSC ~udget'.Forms A,=B,-6-a~-~---
submitted by the Provider) attached heret6 and made a part
her~ ~ understood and agreed, bY and
the services %o be rendered
be provided in compliance
set ~forthi in Exhibit "A" and
Conditions of Award attacheld hereto and
= hereof as Exhibit "C", as well as the terms
.ons of this document.
2. with all applicable
federal,
3. i~T~e Provide~ agrees. =o comply with the following
requi~rem~n~s:
· a.~ records and documents in
accepte~ accounting
~r¢ which Sufficiently and
of funds
pr Council-under the Agreement.
b. T¢ shall be
ava reasonable notice, to inspection,
Council and personnel duly
cit to make S~ch
audi=.
LOn
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Contract No. 90-028
1990-91 GOVERNMENTAL UNIT ~AGREEMENT .
Page 2
c. To maintain and file with the Council such
progress, fiscal, inventory, and other reports as
the Council may require during the terms of the
Aqreement.
d. To include these aforementioned auditand
record-keeping requirements in all approved
subcontracts and assignments. ~
e. To acknowledge, to the extent feasible and
appro~riate( Council funding of the program
identified 1~ E~hlbit "~" in publications,
bulletins, public relations activity, and
stationery of Provider.
4. The Provider agrees:
a. To retain all financial records, supporting
documents, ~tatistical. records, and any other
oc.uments p~rtinent~to this Agreement fo~ a .
eriOd of five (5) years following termination
of this Agreement or, if an audit has been
~nitiated and audit findings have not been
resolved at the end of the five year period, the
records shall be retained until resoluti6n of all
audit findings.
ed by the Council shall
and th~ right.to examine any
said period.
c. , TO
b~, :~he
the
program(s).
pnrpo
b~perso.ns.
sona~l~
monitoring sai~
d. To report to tk~.Council ~during the~' term
this Agreement any t~L~eatened
of
clazms
in2
litigation and copi
nature of~ the
upon request, to furnish
~he s~atus of Such
of pleading filed ~herein.
format deemed
regarding
for
ices
the( under
is or may be
a~rees to
commlsslons~
the Provider
from
omissions,
claims, suits,
028GOV.DOC(BF)
Sep 14, 1990 11:48 am
Contract No. 90-028
1990-91 GOVERNMENTAL UNIT AGREEMENT
Page 3
damages accruing, including court costs and
as a services performed Or not
by the Provider or f~nding
the COuncil or any action
arising out of operation of this Agreement.
6. This contract may not be assiqned or
any.~ther· .party by th~ Provider
without written approval of the Council.
7. .The Children's Services Council acknowledges that
~P~°vlder:is se!~-insured and accepts the levels of ±~ insurance provided by the Provider.
8. The
information
f¢
ci
authorized
shall.not use or ~isclose'any
a cllen~ under the:Agreement
.in conformity with fede~ail a~d state
on w~'itten consent of the
sponsible parent or guardian when
a. The Provider
bY
~-except.,as
to establish and maintain
~ptable to the Council for
so that no information contained
records, :or obtained from Others
shall be used
officers
provided by
of the Provider to
, to implement
in order to
protect t privacy of a clien= receiving services
here in order to a~sure the~ ~n~ ~
' of any medical or other information
pertaining to any such client.
9. shall
data as
10.
reports o
such
submit to the Council
c~ien~identifiable
the
furnish the Council with
of the program and include
served and
Council may
made. as requested from the
format provided
1i.
duti~
not as
with the
Agr,
s~performinq the. serv~o= =~
hereu - ~ -~ ~
n~er as an independent contractor and
~artner or joint venturer
le and
~ payment of wages to a'll
~y them u~der this
shall, with respect to said
028GOV.DOC(BF)
Sep 14, 1990 11:48 am
ContrAct No. 90-028
1990-91 GOVERNMENTAL UNIT, AGREEMENT
Page 4
employees, be responsible for withholding federal income
federal and state law.
12. The services provided:by the Provider hereunder
are pr?wided On a non-exclusive basis, ~andthe C0uncil
specifically re~rves tee rlght.'to subcontract withothers
for. similar services.
13. Pa!rme~.s for servicesrendered pursuant to this
Agreement shallibe 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
m0n~..in which the services were provided. The invoice
will reflecting all expenditures
make under this Agreement, in whatever
form reasonably required by Council." Subject to the
availability of funds, the Council will provide
reimbursement to the Provider within 45 days after receipt
of theinvoice~
or
, ~ ~Pro~
the Council any
· miscalculation
not having been
· Such funds shall be
the Council as follows:
i~b..~ Within thirty (30) dayS~following the end of this
Agreement.
c. The Council shall have the right to deduct from
any subsequent payment r~qU~s~sub~itted by the
Provider, the 'amouht 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 %o terminate
this.A~reement. !~The c0uncll maY,~'for reasonable cause,
prohibit the Provider f~om incurring additiona.1 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 thereo~ may apply to all or part of the
Provider's operations.
of
in
028GOV.DOC(BF)
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Contract No. 90-028
1990-91 GOVERNMENTAL UNIT AGREEMENT
Page 5
and the conditions{ if any, under which the suspension
will~ be lifted? Within five (~) days of receipt of the
n0tice of suspension, the Provider m~y request a heating
before thel Cou~cil~ suspension s~ali be effective five
(5) days aTter receipt ~by the Pro~ide~l, u~tess the Council
has.determlined that immediate suspension is necessary and
sO informs the Provider.
If a
det~
wart
is timely requested by the Provider, the
~ b~ ef~Ct~ve _u~nti~ a date de~ermined
£owlng E~e ~earing. The hearing~will be
asonable~time aft~rreques~ therefore to
ters relevant to the suspension and will
Fht of ma~ters presented~ if the
any 9onditlons imp6sed on reinstatement are
The~d~cision of the Council shall be final.
16. ~n ~he~.event funds to finance this'Agreement
becOme unavailab~elto the Council,~-the~Council may
termihate this Agreement upon no less than five (~) days
written notice to the Provider. The Council shall be the
final authoritylas i~to the availabili=y ~o~f funds.
17. The Council may terminat~ thi~ Agreement for any
breach by the PrOvider. If the Coiuncil intends~to -
terminate this Agreement, notice shall be provided in
writinq to the Prouider no less than twenty-four (24)
hours
of the
effective date of the termination. The
Coun
pa
a wa~
terms
or s
mod~
18. NoticeS: all no~lces requJ
in writing and ~s~_al!
representative 0Y the part parties:
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
be
028GOV.DOC(BF)
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Con~rao~ No. 90-028
~990-9~ GOVERI~ENT~., UNiT A~REF~ENT
Page 6
For the Provider:
Jr.
(407) 369-2556
19. This
sh~
hereto.
writing an
a 33435
., which includes the attached
· all the terms and conditions
es. No other agreements, oral or
e subject.matter, of this Agreement
t or to bind any ?f the pa~ties
~ement shall not be modifieduhless in
both parties hereto.
S ' ye caused this
aut ed duly
BO' E
r JUVENILE FIRST
CHILDREN'S SERVICES COUNCIL
OF PALM BEACH COUNTY
By: .... ·
~ ~ . By:
Elaine Webb Alvarez,
- '~ -~ .... Chairman
Date: ' ~ Date:
By:
Thomas A. Sheehan, III
AttDrDey'fo~ children's services
of Palm BeaCh County
Council
028GOV.DOC(BF)
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