R07-144
, I
1 RESOLUTION R07- ''-1-4
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 AN INTERLOCAL AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND PALM BEACH
7 COUNTY FOR THE SECOND YEAR OF A THREE
8 YEAR AGREEMENT TO RECEIVE FUNDING IN THE
9 ! AMOUNT OF $300,000.00 AS A PARTNER IN THE
10 CONTINUED PLANNING AND IMPLEMENTATION
11 OF THE YOUTH VIOLENCE PREVENTION
12 PROJECT; AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, this Interlocal Agreement was originally entered into on February 27,
15 2007, with Palm Beach County; and
16 WHEREAS, the City Commission of the City of Boynton Beach upon
17 recommendation of staff, deems it to be in the best interest of the citizens of the City of
18 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County
19 for implementation of year two of a three year agreement for funding in the amount of
20 $300,000.00 to for the Youth Violence Prevention Program in the City of Boynton Beach.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
Section 2.
Upon recommendation of staff, this Commission does hereby
26
27 authorize execution of this Interlocal Agreement between the City of Boynton Beach and
28 Palm Beach County for implementation of year two of a three year agreement for funding in
29 the amount of $300,000.00 for the Youth Violence Prevention Program in the City of
30 Boynton Beach, a copy of said Agreement is attached hereto and made a part hereof as
S:\CA\RESO\Agreements\lnterlocals\ILA with PSC for YVPP (year 2).doc
II
Exhibit "A".
2
Section 3.
That this Resolution shall become effective immediately upon
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passage.
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PASSED AND ADOPTED this ~ day of December, 2007.
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CITY OF BOYNTON REACH, FLORIDA
,--- /
i '\ t;,-y ._f
ATTEST:
;?P200dr .
Commissioner - Marlene Ross
.P~
J et M. Prainito, CMC
Ity Clerk
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NOW, THEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereto agree as follows:
SECTION 1. PURPOSE and PAYMENT
The CITY agrees that it shall implement a Youth Violence Prevention Project in
partnership with the COUNTY and adhering to the concepts proposed by the CJC and
approved by the BCC, outlined in the Youth Violence Prevention Project Implementation
Plan in Exhibit "E". The COUNTY agrees to reimburse the CITY for the expenses
identified in Exhibit "B" for the Program in a total amount not to exceed $300,000.
The COUNTY'S Executive Director of the Criminal Justice Commission may authorize
adjustments in the inclusive budgeted items of up to 10% provided there is not an
increase in the total Agreement amount.
The COUNTY'S representative shall review in advance all capital and event expenses
in excess of $500.00. All events must have their own budgets. All equipment and
capital items costing more than $300.00 shall be inventoried and marked. A list of all
such items shall be provided to the COUNTY'S representative within twenty (20) days of
receipt and prior to payment by the COUNTY. In the event of the termination of the
Youth Violence Prevention Project by either party under this or subsequent contracts,
the items purchased hereunder shall be immediately transferred to the COUNTY.
All subcontracts for services herewith, shall require prior review and written
authorization by the COUNTY'S representative.
SECTION 2. REPRESENT A TlVElMONITORING POSITION
The COUNTY'S representative/contract monitor during the term of this Agreement shall
be Brenda Oakes, whose telephone number is (561) 355-1617.
The CITY'S representative/contract monitor during the term of this Agreement shall be,
Ms. Stacey Robinson whose telephone number is (561) 742-6028.
SECTION 3. EFFECTIVE DATElTERMINA TION
This Agreement shall take effect upon execution and shall continue in full force and
effect up to and including September 30, 2008 unless otherwise terminated as provided
herein.
SECTION 4. RESPONSIBILITIES AND DUTIES
The CITY agrees to: provide services and sustain said services in accordance with the
Youth Violence Prevention Project Implementation Plan delineated in Exhibit "E".
SECTION 5. PAYMENT5nNVOICING AND REIMBURSEMENT
The CITY shall submit monthly programmatic reports (Exhibit "C") and monthly financial
invoices (Exhibit "0") to the COUNTY which will include a reference to this Agreement,
identify the project and identify the amount due and payable to the CITY, as well as
confirmation of the city's expenditures for the Project. Upon receipt and approval of the
____ "" _6 ~ n____
CITY's monthly programmatic and fiscal invoices, included as part of Exhibits A and B,
the COUNTY will reimburse the CITY the not-to-exceed amount in accordance with the
budget (Exhibit "B"). Invoices shall be itemized in sufficient detail for prepayment audit
thereof. The CITY shall supply any further documentation deemed necessary by the
COUNTY, including detailed data for the purposes of evaluation of the project by the
Florida State University College of Criminology and Criminal Justice. Invoices received
from the CITY will be reviewed and approved by the staff of the COUNTY'S CJC,
indicating that expenditure has been made in conformity with this Agreement and then
will be sent to the COUNTY's Finance Department for final approval and payment.
Invoices will normally be paid within thirty (30) days following approval.
SECTION 6. ACCESS AND AUDITS
The CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in performing the work for at least three (3) years after completion of the
projects. The COUNTY shall have access to all books, records and documents as
required in this section for the purpose of inspection or audit during normal business
hours.
SECTION 7. BREACH/OPPORTUNITY TO CURE
The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in
default thirty (30) days written notice to cure said default before exercising any of its
rights as provided for in this Agreement.
SECTION 8. TERMINATION
This Agreement may be terminated by either party to this Agreement upon sixty (60)
days written notice to the other party.
SECTION 9. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties; however, this clause pertains only to the parties to this Agreement.
SECTION 10. NOTICE AND CONTACT
All notices provided under or pursuant to the Agreement shall be in writing, delivered
either by hand or by first class, certified mail, return receipt requested, to the
representatives identified below at the address set forth below.
For the COUNTY:
Michael L. Rodriguez
Executive Director
Criminal Justice Commission
301 N. Olive Ave., Suite 1001
West Palm Beach, Florida 33401
With a copy to:
Dawn Wynn, Assistant County Attorney
301 North Olive Avenue, 6th Floor
West Palm Beach, FL 33401
For the CITY:
Kurt Bressner, City Manager
.,___ ~ _~ t::: "___....
100 East Boynton Beach Blvd.
City of Boynton Beach
Boynton Beach, FL 33425
SECTION 11. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the officers of the COUNTY and CITY.
SECTION 12. FILING
A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm
Beach County.
SECTION13. LIABILITY
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida StaMes.
SECTION 14. REMEDIES
This Agreement shall be construed by and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
SECTION 15. EQUAL OPPORTUNITY PROVISION
The COUNTY and the CITY agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status or sexual orientation be
excluded from the benefits of, or be subjected to, any form of discrimination under any
activity carried out by the performance of this Agreement.
SECTION 16. INSURANCE BY CITY OF BOYNTON BEACH
Without waiving the right to sovereign immunity as provided by 8.768.28 F.S., CITY
acknOwledges to be self-insured for General Liability and Automobile Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and
$200,000 Per Occurrence; or such monetary waiver limits that may change and be set
forth by the legislature.
In the event CITY maintains third-party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self-insurance under 8.768.28 F.S., CITY shall
agree to maintain said insurance policies at limits not less than $500,000 combined
single limit for bodily injury or property damage.
The CITY agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
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When requested, CITY shall provide an affidavit or Certificate of Insurance evidencing
insurance, self-insurance and/or sovereign immunity status, which the COUNTY agrees
to recognize as acceptable for the above mentioned coverages. Compliance with the
foregoing requirements shall not relieve the CITY of its liability and obligations under
this Interlocal Agreement.
Section 17. NOTICES
The CITY, and its subcontractors, shall include information in all public announcements,
advertisements and printed materials relating to the Youth Violence Prevention Project
and its activities thereafter, that the funding has been provided by the Palm Beach
County Criminal Justice Commission and the Palm Beach County Board of County
Commissioners.
Section 18. CRIMINAL HISTORY RECORDS CHECK
The CITY shall conduct a Criminal History Records Check including fingerprinting for aU
CITY employees or subcontractors who are in direct contact with youth program
participants.
Section 19. REGULATIONS; LICENSING REQUIREMENTS:
The CITY shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, to include those applicable to conflict of interest and
collusion. The CITY is presumed to be familiar with all federal, state and local laws,
ordinances, codes and regulations that may in any way affect the services offered.
Section 20. CAPTIONS
The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
Section 21. SEVERABILITY
In the event that any section, paragraph, sentence, clause, or provision herein shall be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
SECTION 22. ENTIRETY OF AGREEMENT
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
-___ r:. _" t:t n____
R 2 0 0 7 k 2 2 8 8 DEe 1 8 2007
ATTEST: ,~""'~":\\\\\\\\\\\ PALM BEACH COUNTY, FLORIDA, BY ITS
/C?~.~.!.X...~~pARD COUNTY COMMISSIONERS
Sharon R. Bock, Clerk an~~~Ptrol~~ ....~i\ ~ r
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By: :;:: UNT'( ~:;:
V~\ f:"LORID!\.j}! Add" L. Greene, <?hairpe':5on
\;}O'....... ....::;,i,';/ Jo. n F. Koons, VIce Chalf
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(SEAL)
WITNESSES:
::Wn Beach. Fl
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Kurt Bressner, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
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i) /b'S"I. CITY AnORNEY
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Youth Violence Prevention Program \
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Exhibit B-
City of Boynton Beach YVPP 2007-2008 Budget Narrative
Salaries: A request for $94,000.00 will cover salaries for the Director of the
YVPP Program and Teen Program Coordinator (to be hired on or before
January 08.) The salaries will be %100 covered by the grant and are two
full time paid positions. The salaries are delineated as follows:
$55,000.00 Director of YVPP Program and Teen Program Coordinator -
39,000.00.
Benefits: 50,169.00 - Fica=7,191.00, FL Unemployment = 19,843.00, Health
Plan = 11,000.00, Retirement = 12,135.00. This request is being made to
cover 100% of benefits package to grant funded staff.
Travel: 5,000.00 total
Transportation: 2,500.00 - This request is being made to allow 1 staff
person to travel to Crime Prevention conferences as well as conferences
suggested by OC or other agencies associated with YVPP. This would
cover the cost of airfare, car rental, fuel or any other expense associated
with getting to or back from the conference.
Conference/Registration: 2,500.00 - Cost associated with registering
for conferences/hotel charges, per diem, any other costs associated with
attending National Crime Prevention Conferences.
Communications and utilities: 2,550.00
Telephone: 2,400.00 = monthly cell phone charges association with the
YVPP program.
postage and Shipping: 150.00 = miscellaneous postage and shipping
charges.
Printing and Supplies: 7,300.00
This request is split into three areas Office supplies, Programming supplies
and Printing and publications for marketing. This request is based on
previous charges accrued for the above materials and services.
Food Service: 4,500.00
This request is being made for a number of community events in planning
directly associated with YVPP. 1) Grand Opening of our YVPP Center in
January 2) Community Outreach Events 3) Youth Empowerment Center,
snacks and drinks.
Page 2
07-08 Budget Narrative
City of Boynton Beach YVPP
Other: 131,481.00
Building Maintenance and Renovation - 9,931.00 requested for
modifications needed for youth room (place for youth to hang out), or
game room, or computer lab. It may be that with the new building in
January that no modification will be need then we can ask to move the
funds into other areas but we did not want to fall short in this area to
make the center what the youth want.
Membership Dues - 650.00 - requested for membership to local and
national crime prevention organizations. Gives extended learning
opportunities for youth and youth workers as well as keeps you up to date
on best practices within your industry.
Training and Development - 5,900.00 - this area is mainly for youth
council and youth council workers. This would allow the youth council to
participate in training outside the city limits. Further growth and develop
as well as seeing other peers striving for the same outcomes.
Awards and Grants - 113,000.00 - We currently have nine service
providers seeking funding for the 2007-2008 year. Maddads, Mabco, RM
Lee, C.Uoyd Newton, Boys and Girls Club, All Things Possible, Gulfstream
Boyscouts of America, Hooked on Fishing Not on Drugs, Kids Korner,
Power Through Peace Productions. Our Executive Committee will meet on
November ih to decide who will receive funding and who offers the
outcomes to reduce our risk factors most effectively. We have created a
matrix for grading the providers and will use that as a guide in
determining funding. We are also looking to the CRA to match the
counties grant of $300,000.00 so we can offer additional funding to the
service providers. This request will be made at the CRA Board Meeting on
November 14th.
Maddads - life skills training and teen talks, mentoring
Mabco - Arise Life Curriculum, gang resistance
RM Lee - Life skills and cultural arts
C.Uoyd Newton - Mental and behavioral intervention
Boys and Girls Club - mentoring
All Things Possible - Gang resistance
Boyscouts - non - competitive sports program and scout program
Hooked on Fishing Not on Drugs - Drug resistance and intervention
Kids Korner - Audio/Visual Production
Page 3
07-08 Budget Narrative
City of Boynton Beach YVPP
Payment to non-affiliated Organizations - 2,000.00 - monies used for
guest speakers or an event that is normally outside but is beneficial to the
community and its youth residence, ex. Heritage Celebration,
Highwaymen Mural Project, Boynton Beach Art in Public Places - See
attached flyer
Equipment Purchase - 5,000.00 - monies requested for general equipment
purchases for new youth empowerment center. Will not know specifically
what is needed until we have access to the building and see what is
already in place
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Palm Beach County Criminal Justice Commission
Exhibit D
Agency:
Reimbursement Request
SUMMARY STATEMENT OF TOTAL PROJECT COSTS
Project #:
Subgrantee:
Address:
Project Title:
Claim #:
Telephone:
Claim Period:
Budget Category
Category Total
Salaries & Benefits
Other Personal! Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Total Claim Amount
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Date
Signed
Project Director
Typed Name of Project Director
Palm Beach County
Board of County Commissioners
1
Criminal Justice Commission
Reserve Fund
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Exhibit E
Criminal Justice Commission
Implementation Plan for Youth Violence Prevention Project
Each participating city, in recognition of the findings of the Criminal Justice
Commission's Youth Violence Prevention Project Steering Committee that youth
violence must be addressed in a comprehensive and systematic way, wishes to
participate in this worthwhile project.
Each participating city agrees to:
. Abide by the requirement that all city-related projects and efforts will
service the residents within the identified geographic areas as outlined
by Criminal Justice Commission maps
. The city will make a commitment of building space for services within
the identified geographical areas
. Design a phase-in plan, including timeline, for the creation of a Youth
Empowerment Center
. Design a phase-in plan, including timeline, for a Justice Service Center
. Participate in the multi-agency task force law enforcement component
of the Youth Violence Prevention Project
. Utilize the findings of the Project's 500 youth surveys to develop and
prioritize youth empowerment programs
. Pay the city's portion of all goods, services, and personnel used in
connection with this project
. Develop separate community advisory boards for youth and young
adults
. Participate in all aspects of evaluation including data collection, data
sharing, site monitoring and visits
Background:
The Criminal Justice Commission utilized a national model created by the U.S.
Department of Justice, Office of Justice Programs for the development of the
Youth Violence Prevention Project. A comprehensive approach was developed
using the research compiled by Florida State University and involved
professionals from the criminal justice system, education, and human services,
and local youth. Florida State University, Center for Public Policy in Criminal
Justice, assimilated and analyzed local violent crime data which demonstrates,
after a decline from 1994-2002, a significant increase in murders and firearms
crimes. Four subcommittees, including crime prevention, law enforcement, courts
and corrections, developed a strategic plan. A Youth Workgroup was formed with
25 youth from various areas of the county. The Workgroup surveyed over 500
youth, including juveniles in jail and on Department of Juvenile Justice probation.
The recommendations made by the Workgroup have been incorporated into the
overall plan. The research supports that a multi-agency comprehensive
approach is the most effective. The project incorporates the model programs and
the recommendations from the Subcommittees.
1
Exhibit E
Components:
1. Crime Prevention:
The establishment of a Youth Empowerment Center in each targeted area
that provides activities and services to youth ages 13-18, including after
school programs and activities, tutoring/mentoring, job training for in school
and out of school youth, information on resources, gang prevention outreach,
parenting classes, employment services, Safe Schools Programs and
transportation.
2. Law Enforcement:
The law enforcement strategies include:
a. Provide training for all law enforcement agencies on the collection of
evidence by standardization of evidence collection policies, procedures
and training
b. Utilization of the newer technology "license plate recognition cameras"
in each of the targeted areas
c. Community oriented police officer in each targeted area
d. Ad campaigns utilizing bus shelters and billboards to assist in cold
case investigations, provide crime prevention tips, and to make people
aware of the penalties for gun crimes
e. Gun safety programs, including working with gun dealers to better
secure the firearms
f. Multi-Agency Task Forces
i. Violent Crimes Task Force
ii. Joint operations with Alcohol, Tobacco, Firearms, and
Explosives
3. Courts:
The strategies for the Courts component are designed to divert youth from
the juvenile justice system and provide the judiciary with additional
sanctions.
a. Extend Youth Court within each targeted area
b. Establish Aggression Replacement Therapy (ART) as a specialized
program for violent juvenile offenders. ART provides an alternative
treatment program to stem the violence at an earlier age
c. Initiate judicial training on ways to involve the parents more in the
judicial process to reduce the likelihood of recidivism
d. Fund new prosecutor to handle violent firearm crimes with defendants
up to 29 years of age and to work with law enforcement on the
prosecution of these crimes
2
Exhibit E
4. Corrections:
Establish a Justice Service Center in each targeted area to provide
assistance to juvenile and young adult offenders up to age 29. The Justice
Service Center provides services either on-site or through referrals. These
services include employment, substance abuse, mental health, legal
assistance, re-entry assistance, life skills, and probation sanction assistance.
Educational programs such as Safe Schools and Career Academies, and law
enforcement strategies except for the cameras and the community oriented
police officer would be countywide. Each targeted area will have an Advisory
Board of residents and a TeenlYouth Council. For each area, a Memorandum
of Understanding will describe the participation of the local government,
human service agencies, foundations and other funding sources. The CJC
will maintain oversight until all sites have been established.
The specific programs are: Youth Empowerment Centers and Justice Service
Centers in the five targeted areas incorporate all four components of the plan.
Memorandums of Understanding will be completed by Criminal Justice
Commission.
Youth Empowerment Center Programs: Responsibility
Youth Empowerment Facility City
Youth/Teen Advisory Council City
Councilor Board of youth from the target area to meet
regularly to recommend programs and policies of the
Youth Empowerment Center
Teen Center City
Provide educational and recreational programming.
Maintain a clean safe and secure environment. Work
with the youth council to identify new educational
recreational programs, activities and special events.
Career Academy MOU with School District
Designated Career Academies would provide and Charter School
opportunities for in school and out of school youth
without regard to grade point average.
Develop a pilot career academy through a charter
school to be located within the targeted area and based
on the career choices that the Youth Council and
Citizen Advisory Board identify.
After-school Activities City
Provide a variety of the latest Recreational programs:
martial arts, yoga, surfing, swimming, tennis hip hop
dance, organized sport.
Tutoring City
3
Provide before school/after-school tutoring, including
FCA T skill building
Mentoring
Provide mentors for youth to support and be positive
role models
Job Training
Workforce Alliance is funding a program for
approximately 100 at-risk youths to prepare them for
careers and jobs that are in demand in Palm Beach
County. The program will supplement existing
programs at the high schools of the county and provide
additional resources. Junior Achievement of the Palm
Beaches will manage the program with the objective of
motivating selected at-risk youth to graduate, providing
them additional workplace skills and then assist them
with job placement.
Workforce Alliance has contracted with three agencies
to carry out academic and job-training services for at-
risk and disadvantaged youth in Palm Beach County on
a year-round basis. Priority will be given to proposals
to serve the youth in those areas of the county that
were pointed out the research sponsored by the Youth
Violence Prevention Committee. Alliance expects to
bring the selected programs to over 500 youths, both
in-school and out-of-school
Information on Resources
Provide information on existing resources for youth
including school programs, job training and
employment opportunities, services available
Community Outreach
A worker to intervene with youth in the Youth
Empowerment Center area to engage them in positive
activities.
Employment Services
Workforce Alliance is funding a program for
approximately 100 at-risk youths to prepare them for
careers and jobs that are in demand in Palm Beach
County. The program will supplement existing
programs at the high schools of the county and provide
additional resources. Junior Achievement of the Palm
Beaches will manage the program with the objective of
4
Exhibit E
MOU with Big Brothers Big
Sisters
MOU with Workforce
Alliance and Palm Beach
Community College
City and MOU with
collaborating agencies
City
MOU with Workforce
Alliance
Exhibit E
motivating selected at-risk youth to graduate, providing
them additional workplace skills and then assist them
with job placement
Transportation City
The youth surveyed indicated that a major issue to
attending programs and activities is transportation.
Life Skills
Cultural Diversity Training City
Justice Service Center Responsibility
Develop the Justice Service Center concept in
targeted neighborhoods in order to provide
assistance to residents, juvenile offenders, and
adult offenders. The Justice Service Center
would provided services to assist residents and
both juvenile and adult offenders either onsite or
through referrals. These services would include
employment, substance abuse, mental health,
legal assistance, re-entry assistance, life skills,
community outreach, and probation sanction
assistance.
Justice Service Center Facility City
Mental Health Services MOU with DCF
The Justice Service Center would provide
assistance to those seeking mental health
services. By partnering with mental health
providers, residents and both juvenile and adult
offenders can access services through referrals.
Substance Abuse Services MOU with DCF
Substance Abuse Services- the Justice Service
Center would be able to provide substance
abuse counseling either onsite or through
referrals.
Community Service City
Provide judges with the options of having youth
complete their sanctions in the neighborhood
and repay the community for their law violations.
Employment Services MOU with Workforce Alliance
The Justice Service Center would be able to
provide assistance to those seeking employment
services. By partnering with the Workforce
5
Exhibit E
Alliance and other agencies, the Justice Service
Center would offer and array of referrals to
partner agencies that can provide the individual
with assistance in obtaining employment, gaining
self-sufficiency, gaining work skills to obtain
employment, and upgrading skills to maintain
employment.
Ci
Ci
Ci
Law Enforcement Responsibility
Evidence Collection Training and MOU for MOU with Palm Beach Community
standardized collection College and City
Community Oriented policing City
A Community Oriented Police Officer in each of
the target areas to develop relationships within
the neighborhood help citizens feel safer and
become more involved in reducing crime in the
area.
License Plate Recognition Cameras City
To place such units in areas where stolen
vehicles are most likely to be driven.
Gun Safety Programs City and MOU with Palm Beach
To develop a plan that would support gun Sheriff's Office Violent Crimes
dealers/suppliers partnering with Law Task Force
Enforcement to better secure their firearms.
Most violent crimes involving firearms are from
weapons that have been stolen. Helping Law
Enforcement track people who have a potential
for violence who purchase firearms from them.
1: To work hand in hand with dealers on items
that may help in the theft of guns. This would be
any items of low cost or impact on the dealers.
Example: concrete barriers to stop smash and
grabs.
2: To help identify subjects who may be gang
affiliated or persons involved in criminal activities
that purchase weapons. This could include
6
Exhibit E
working together at gun shows or simply as
tracking over the counter sales.
3: To just plain reduce the number of youths
getting access to firearms. Plus reduce the
number of violent persons getting firearms.
Joint Operations City and MOU with Palm Beach
Participate in the Violent Crimes Task Force and Sheriff's Office Violent Crimes
other joint operations to target violent offenders Task Force
Race Relations Training citY
Courts Responsibility
Youth Court MOU with School District
Aggression Replacement Therapy (ART) Contract with Agency to provide it
established as a specialized program for violent countywide
juvenile offenders. ART provides an alternative
treatment program to stem the violence at an
earlier age.
Initiate judicial training on ways to involve the MOU
parents more in the judicial process to reduce the
likelihood of reCidivism.
Fund new prosecutor to handle violent firearm CJC Agreement with Office of the
crimes with defendants up to 29 years of age and State Attorney
to work with law enforcement on the prosecution
of these crimes
7
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Stacey Robinson
Youth Violence Prevention Coordinator
FROM:
Judy Pyle
Deputy City Clerk
DATE:
December 11, 2007
RE:
R07-144 - Interlocal Agreement with Palm Beach County
Attached for your handling are three partially executed original agreements mentioned
above and a copy of the Resolution. Once the documents have been fully executed,
please return one of the original documents to the City Clerk's Office for Central File.
Please contact me if there are any questions. Thank you.
9? ~a-
Attachment
C; Central File
S:\CC\WP\AffiR COMMISSION\Departmental Transmittals\2007\Stacey Robinson R07-144 agreement PB County. doc
YOUTHE~WERMffiNTCENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach
Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd,
Boynton Beach, Florida 33444 (the "City") and R.M. Lee Community Development Center with an
address of900 North Seacrest Boulevard, Boynton Beach, Florida 33435 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. R07-144, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "N' (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 311 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1.2 Provider shall render the Services in a diligent, careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use,
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form." If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Forty Three
Thousand and Forty-Eight Dollars- ($43,048.00) ("Contract Amount") based on the fees set forth in
Exhibit "A" attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider
in connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Jnterlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(10th) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GP A, class
days/times, registered participants and daily attendance sign-in and all sUPjorting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 311 N.W. 12 Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30, 2008 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTATIONS. WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
SERV 1008
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5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider's
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement,
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability . Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below, and
with a maximum deductible of $25,000 per occurrence.
SERV 1008
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. Ifany of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
to. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of ~725.08, Fla. Stat., have been
SERV 1008
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fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees.
This clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement,
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall be
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number for
purchasing supplies or materials.
14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion, sex,
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
SERV 1008
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fife, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
SERV 1008
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19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract,
from having any conflicts as within the meaning ofthis section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPf AND EQUITABLE
RESOUmON OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A 1RIAL BY JURY IN
ANY LmGATION RELATED TO TIllS AGREEMENT.
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants,
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
SERV 1008
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: TON BEACH
~..t, Yn ~'>llt> By
, City Clerk
Date: ,2008
CITY ATTORNEY'S OFFICE
~lfoQnardlep\~
D: ~ 1rr=-
PROVIDER:
WITNESSES: RoM. Lee Community Development Center
~~~~~ BY:~^, ~~
rinted Name: I ~ ~ . f1 ' I
Print e: Q/ f1ri; ~ -c-rv
0#;;t. ~, Title: f;~ ~,P7I~
Printed N e: tc - . II blf1,Siflt /J i1/
Date: ~. . . 2008
V
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
TIDS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach
Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd,
Boynton Beach, Florida 33444 (the "City") and Boy Scouts of America, Gulfstream Chapter with
an address of 8355 N. Military Trail, Palm Beach Gardens, Florida 3341 O(the "Provider").
WITNESSETH
WHEREAS, by Resolution No. R07 -144, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 311 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1.2 Provider shall render the Services in a diligent, careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use,
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "AccidentJIncident Form." If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Ten
Thousand Dollars- ($10,000.00) ("Contract Amount") based on the fees set forth in Exhibit "A"
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(lOth) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GPA, class
days/times, registered participants and daily attendance sign-in and all sUPjorting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 311 N.W. 12 Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30, 2008 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
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5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider's
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement,
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below, and
with a maximum deductible of $25,000 per occurrence.
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of F25.08, Fla. Stat., have been
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fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees.
This clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement,
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall be
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number for
purchasing supplies or materials.
14. A V AILABIUTY OF FUNDS. This Agreement is expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion, sex,
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIA TION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract,
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REOUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN
ANY LITIGATION RELATED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants,
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
B~M<t>m. ~1U.t By: ~
City Manager
( ity Clerk
Date: ,2008
PROVIDER:
WITNESSES: Boy Scouts of America, Gulfstream Chapter
{J~~IS
p D bbL 0 By: i'11(~ /<,.<-l 7' d
~~ Print Name: ;tJ, 'Ke jG"e'
Title: F,o~ (J 0, f"~c... +0 r
- ~-hr/~
Date: , 2008
/ ~
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach
Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd,
Boynton Beach, Florida 33444 (the "City") and MADDADS with an address of 101 South Congress
Avenue, Boynton Beach, Florida 33426 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. R07-144, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 225 N.W. lih Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1.2 Provider shall render the Services in a diligent, careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use,
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regul.ations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form." If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Forty Two
Thousand Dollars- ($42,000.00) ("Contract Amount") based on the fees set forth in Exhibit "A"
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(10th) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GPA, class
days/times, registered participants and daily attendance sign-in and all sUPJ'orting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 311 N.W. 12 Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30, 2008 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTA nONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Dulv Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
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5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider's
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement,
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below, and
with a maximum deductible of $25,000 per occurrence.
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
to. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of ~725.08, Fla. Stat., have been
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fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees.
This clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement,
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall be
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number for
purchasing supplies or materials.
14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion, sex,
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: ::TYO~=
BFfr"~ 'In P~t,
City Manager
ity Clerk
Date: , 2008
CITY ATTORNEY'S OFFICE
Appr ed as 0 form and legal sufficiency
By: ()
Da : ~
PROVIDER:
WITNESSES: MADDADS
~~~~ By: {Lr-RL- 13 ~4
Print Name: lIl4sba-a- 3, 31<. Y4..17 T J/?,
t{~am~~~cAPf~U' ' I
C ,- ~
Title: C c..._
31ao
Date: , 2008
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach
Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd,
Boynton Beach, Florida 33444 (the "City") and Kids Komer TV with an address of 5056 Lantana
Road, Unit 4205, Lake Worth, Florida 33463 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. R07-144, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 255 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1.2 Provider shall render the Services in a diligent, careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use,
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form." If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Thirty
Thousand Dollars- ($30,000.00) ("Contract Amount") based on the fees set forth in Exhibit "A"
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(lOth) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GPA, class
days/times, registered participants and daily attendance sign-in and all suprorting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 311 N.W. Ii Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30,2008 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
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5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider's
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement,
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below, and
with a maximum deductible of $25,000 per occurrence.
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of ~725.08, Fla. Stat., have been
SERV 1008
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fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees.
This clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement,
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall be
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number for
purchasing supplies or materials.
14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion, sex,
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIA TION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract,
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LA W. This Agreement shall be construed and interpreted, and the rights of
the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN
ANY LITIGATION RELATED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants,
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CJIY OF BOYNTON BEACH
~tu By: ~
City Manager
Date: ,2008
CITY ATTORNEY'S OFFICE
A~ to foon ""d legal ,ufficiency
~~ : 7- ;G)~~
PROVIDER:
WITNESSES: Kidz Korner TV
BY:~
~ /j('d.J.A'0
~Af ~~~J Print Name: ,JAn-.e s
Title: fJresld&J
rinted Name: 3rA-CeN etJl3/AJ5t/~ '03/03/-
Date: ,2008
, .
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach
Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd,
Boynton Beach, Florida 33444 (the "City") and Hooked on Fishing Not on Drugs with an address
of 7067 Peninsula Court, Lake Worth, Florida 33467 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. R07-144, the Boynton Beach City Commission approved
an lnterlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the lnterlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 311 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1.2 Provider shall render the Services in a diligent, careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use,
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
montWy update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form." If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Five
Thousand Dollars- ($5,000.00) ("Contract Amount") based on the fees set forth in Exhibit "A"
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(loth) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GP A, class
days/times, registered participants and daily attendance sign-in and all supporting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 311 N.W. Ii Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30, 2008 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
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5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider's
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement,
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below, and
with a maximum deductible of $25,000 per occurrence.
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of ~725.08, Fla. Stat., have been
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fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees.
This clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement,
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall be
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number for
purchasing supplies or materials.
14. A V AILABILITY OF FUNDS. This Agreement is expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion, sex,
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract,
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN
ANY LITIGATION RELATED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants,
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach ofthe same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
By:.1f<<ut:. Yn. R~~L By: ~~
I Ci Clerk City Manager
Date: , 2008
CITY ATTORNEY'S OFFICE
Appr ved as t form and legal sufficiency
By:
Da :"-
PROVIDER:
WITNESSES: Hooked on Fishing, Not on Drugs
~t~J~H~~kSM BY:~
~;i · 1 PrintN.;mec I~, Crt~/Lt1 r)(1.(Jc~~
. ~~. Title: !'Il.<':-~ i f)L-A/)-
nntedN e. I I~ ~ I
Date: d-- d , , 2008
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