R95-162RESOLUTION NO. R95-/~/,=~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND CHILDREN'S
SERVICES COUNCIL OF PALM BEACH COUNTY, FOR THE
RECREATION, ATHLETICS AND POLICE (R.A.P.) PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has for the last four years, entered into
an Agreement with the Children's Service Council for the Recreation, Athletics and Police
(R.A.P.) Program; and
WHEREAS, said program is a diversionary program for juveniles who have been
arrested for the first time, and its main goal is to reduce the number of juveniles who
enter the juvenile justice system;
WHEREAS, upon recommendation of staff, it has been deemed by the City
Commission to be in the best interests of the residents and citizens of the City to enter
into this Agreement with the Children's Services Council for the R.A.P. Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission hereby authorizes and directs the Mayor and
City Clerk to execute an Agreement between the City of Boynton Beach and Children's
Services Council of Palm Beach County for the Recreation Athletics and Police (R.A.P.)
Program, said Agreement being attached hereto as Exhibit "A".
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this =~' day of October, 1995.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Vi, Mayor
Ma~/Pro Tem
:fff~'missioner,/
Cit~ Clerk
Auth.Sig
R.A.P. ,Agr
9/28/95
contract No. 95-081
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 1
AGREEMENT
THIS AGREEMENT, entered into as of this 1st day of October,
1995, by and between the Children's Services Council of Palm Beach
County, a political subdivision of the State of Florida
(hereinafter referred to as "Council") and City of Boynton Beach
(hereinafter referred to as "Provider"), for the period from
October 1, 1995 ("Effective :Date"), to September 30, 1996.
W I T N E S S E T H : In consideration of the mutual
agreements hereafter contained, the parties, intending to be
legally bound, hereby agree as follows:
THIS AGREEMENT has been entered into pursuant to the Council's
1995-96 Application/RFP process and Provider's response thereto
and any addendums accepted by the Council. Those portions of
Exhibits A, B, C and D contained herein that differ from the
original proposal or application shall be deemed to be addendums
thereto and shall control over any inconsistent provision of the
original proposal.
1. The Council agrees to reimburse to the Provider sums up to
$17,677 for provision of services described in the attached
composite Exhibit "A" (consisting of the Program Evaluation
Model and the Program Organizational Chart) attached hereto
and made a part hereof; composite Exhibit "B" (consisting of
the CSC Budget Forms A and B submitted by Provider) attached
hereto and made a part hereof; and Exhibit C (consisting of
the Program Data Form) attached hereto and made a part hereof.
It is expressly understood and agreed, by and between the
parties, that the services to be rendered hereunder by the
Provider shall be provided in compliance with all terms and
conditions set forth in Exhibit "A", "B", and "C" and with the
Conditions of Award attached hereto and made a part hereof as
Exhibit "D", as well as the terms and conditions of this
document.
2. The Provider agrees to comply with all applicable federal,
state and local laws.
3. The Provider agrees to comply with the following requirements:
a. To maintain books, records and documents in accordance
with normally accepted accounting procedures and
practices, which sufficiently and properly reflect all
expenditures of funds provided by the Council under the
Agreement.
b. To assure that these records shall be available, upon
reasonable notice, to inspection, review or audit by the
Council and personnel duly authorized by the Council to
make such inspection, review or audit.
c. To submit, upon completion of the period of this
Agreement, a GAO Standard Financial and Compliance Audit
("the Audit"), complete with management letter, within 120
days of the Provider's fiscal year end. In the event that
Provider's fiscal year end occurs prior to the completion
081GOVA.DOC
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contract No. 95-081
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 2
of the term of this Agreement, Provider will supply the
audit and accompanying management letter for each of the
Provider's fiscal years occurring during the term of this
Agreement audit and ter to be
provided ) days of th s year
end.
d. ~ and file may
,entory,. i
require during the Ag
record-keeping
e. To assign~en{~
require~ · _
f. To acknowledge, to sible and appropriate,
n kxh~bit "A"
Council funding o y, and
in publications,
stationery of~ Pr
The Provider agrees:
a. To retain all financial records, supporting documents,
tatistical records and any other documents pertinent to
s ' ' e 5 ears following
this Agreement for a period of fly ( )Y
atlon of this ~Aqreement or, if an audit has been
termin ' ~ . ~ ~ resolved at the
ted and audit findings have not ~een ..... ~__~
initia · 'all De re~a~n~u
· od the records sn
end of the_f}ve year ~r~..~ ~_~_,~ i'Provider further
until resolution or
agrees that all records, papers, or other
documents made or received ~n with this
[er shall be
Agreement and the provision
subject to public access pursuant ~visions of
Chapter 119, Florida Stat~tes- The ~ions of this
paragraph shall survive termination Agreement.
b. Persons duly auth~orized by the council ~ 11 have full
access to and the right t° examine any 'said materials
during said period·
c. To permit access by persons duly authorized by the
Council upon reasonable notice, to the program(s) funde
by the 6ounciI hereunder for purposes of monitoring said" ~
program(s).
d. To report to the Council during the term of this Agreement
atened or pending litigation brought against the
any ~re ~--~.~-~ = ~scri~i~n of the nature 9f th~.
Provloer, }nufuu~,~ ~u~ ~e~uest, to furnish in~ormatlon
claims involved, an , p . ·
regarding the status of such litigation and copies of
pleading filed therein.
e. To accurately report to the Council, in a format deemed
acceptable by the Council, all revenues received by or for
the program funded pursuant to this Agreement, regardless
of source· Revenues include, but are not limited to,
Medicaid or insurance reimbursement, donations, grants,
and program income; ~.e., fees paid for services· In the
event the Provider fails to properly report all program
revenues and the Council subsequently learns that such
081GOVA.DOC
Sep 11, 1995 11:24 am
Contract No. 95-081
1995-96 GOVERNMENTAL UNI~T~GR,~EMENT~<
Page 3
income was not Properly disclosed, the Council reserves
the right to reduce the amount to be paid to the Provider
by the Council by the amount not disclosed (or, if payment
has already been made, to recover said amount), or to
terminate this Agreement.
That those capital items which are to be acquired by the
Provider and reimbursed by the Council, shall be subject
to the requirements (i) that said items may not be
mortgaged, pledged, or hypothecated without the prior
written approval of the Council; (ii) that upon
termination or earlier cancellation of this Agreement at
the Council's request, unless there is specific
notification that this requirement is waived by the
Council, the said item(s) shall be (a) returned (with
title being transferred) to the Council or the Council's
designee, or (b) reimbursed to CSC at book value
(determined.by CSC); (iii) that said item(s) shall be
maintained in operable condition; and (iv) that said
item(s) will be insured in case of loss or theft.
Se
Provider agrees that, as between the parties to this
Agreement, it is solely responsible for operation and
management of the program(s) funded hereunder and that the
Council has not and Will not be involved in any way in such
operation and management. To the extent permitted by law, the
Provider agrees to indemnify and hold harmless the COuncil
from liability on account of any injuries, damages, omissions,
commissions, actions, causes of actions, claims, suits,
judgments and damages accruing, including court costs and
attorneys' fees, as a result of service~ performed or not
performed, or any negligent act bY the provider or arising
from fund%ng granted or not granted by the Council or any
action arising out of the operation of this Agreement.
This contract may not be assigned or subcontracted to any
other party by the Provider without the prior written approval
of the Council.
The Children's Services Council acknowledges that the Provider
is self-insured and accepts the levels of self insurance
provided by the Provider.
The Provider shall not use or disclose any information
concerning a client under the Agreement for any purpose not in
conformity with federal and state laws and regulations except
on written consent of the client, or his responsible parent or
guardian when authorized by law.
a8
The Provider agrees to establish and maintain procedures
and controls acceptable to the Council for safeguarding
records, so that no information contained in the
Provider's records, or obtained from others carrying out
the terms of the Agreement, shall be used by or disclosed
by the Provider, its agents, officers or employees except
as provided by law.
0
It shall be the responsibility of the Provider to take
all reasonable steps necessary to implement promptly such
081GOVA.DOC
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Contract No. 95-081
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 4
procedures and
~f aclient
assure the
or other i
9. The Provider shall submit to the Council management and
program data client identifiable data as deemed
essential by
10. Council with reports of the
:lUdei~statistics and data
on the other reports ancr~
Said reports shal
Date of this
Council.
I1.
12.
13.
Agreement
The provider is
hereunder
employee,
res' ~y for
services perf(
Pr~
required by
14.
the .and duties required
.t cont] not as an
or turer with the
1 and exclusive
payment ~s to all employees for
under . The
)ect be
~g federal paying
~xes., nt
on coverage in
.cable state law.
or entity who
the
contract
shall give
a party hereto.
~er are provided
specifically
for similar
:s to any person
Payments for services rendered pursuant to this Agreement
a reimbursement
sh 'to the Council by
ba
the month
services were provided. The inv¢
ocumentation ~11
rovider under
required by Counc Sub
the Council will provide relm
month in which the
include --
made by the
form reasonably
~bility of funds%'-
Provider within
after receipt of the invoice. Provider shall submit
invoice to %:he Council no later~than October 31, 1996
)uncil will not
by Provider
ter October 31,
1996.
The Provider agrees to return to the Council any overpayments
made through inadvertence or miscalculation or because
payment is disallowed as not having been properly earned
under this Agreement. Such funds shall be refunded in full
by Provider to the Council as follows:
a. Within twenty (20) days from the date of written
notification by the Council to the Provider of
overpayment or disallowance; or
081GOVA.DOC
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Contract No. 95-081
1995-96 GOVERNMENTAL UNIT AGR£~MENT', ,,~
Page 5
b.
Within thirty (30) days following the end of this
Agreement.
Co
The Council shall have the right to deduct from any
subsequent payment request submitted by the Provider, the
amount of any overpayments or disallowed funds.
15.
The Council may, for reasonable cause, suspend the payment of
funds pending corrective action by the Provider or pending a
decision by the Council to terminate this Agreement. The
Council may, for reasonable cause, prohibit the Provider from
incurring additional obligation of any funds received from
the Council, pending corrective action by the Provider or a
decision to terminate this Agreement. Said suspension of
payment of funds or obligation thereof may apply to all or
part of the Provider's operations.
16.
In the event funds to finance this Agreement become
unavailable to the Council, the Council may terminate this
Agreement upon no less than five (5) days written notice to
the Provider. The Council shall be the final authority as
to the availability of funds.
17. The Council may terminate this Agreement for any breach by
the Provider. If the Council intends to terminate this
Agreement, notice shall be provided in writing to the
Provider no less than twenty-four (24) hours prior to the
effective date of the termination. The Council's failure to
terminate or suspend a Provider for past breaches of this
Agreement shall not be construed as a waiver of its right to
demand strict compliance with the terms of the Agreement or
to terminate for said breaches or similar breaches, and shall
not be construed to be a modification of-the terms of the
Agreement. The Provider may terminate this contract with or
w~thout cause provided that Provider sh~ll give sixty (60)
days notice in writing to Council. The!Council.shall
reimburse the Provider for all monies expended up to and
including the effective date of the termination.
18. Notices: Ail notices required hereunder shall be in writing
and shall be addressed to the following representative of the
part parties:
For the Council:
Gaetana D. Ebbole, Executive Director
Children's Services Council of Palm Beach County
3111 South Dixie Highway, Suite 243
West Palm Beach, FL 33405
For the Provider:
Carrie Parker, City Manager
City of Boynton Beach
Recreation, Athletics & Police
100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
081GOYA.DOC
Sep 11, 1~95 ll:24am
Contract No. 95-081
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 6
19. CSC may assess a penalty amounting to the lesser of
nepercent of the current month's CSC request for
eimburSement or $100 for each month that~a program is
compliance with the timely submission of fiscal and
O~
data as
out of
Sections 3c, 9, 10, and 13
20.
21.
Notwith
agree that the
.Cates of~Insurance
gency/Program
C. Sales Ta ion Certificate
D. Other ~ntified in the Conditions of Award
herein to the contrary, the partie[
made the
su]
procedures or
~rovider,s
such reduction bec
in of the
to
may be reduced
the' Provider will not spend the entire amount allocated by
September 30th fiscal year end. The determination may be
se of reviewing a budget revision
suant to the iCou~cil's
~pon the Council's monitoring of
Before any
be notified
action and shall have the
Council's Bo. ding the
decision of .l's Board on
to
shall
ibits A, B, C
upon b~ the
, regarding
deemed to exist
possible
)h 19 above,
writing and
081GOVA.DOC
Sep 11, 1995 ll:24am
Contract No. 95-081
1995-96 GOVERNMENTAL UNIT AGREE-MENT
Page 7
IN WITNESS THEREOF, the parties have caused this Agreement to
be executed by their undersigned duly authorized officers.
City of Boynton Beach
Recreation, Athletics & Police
By: Date:
Print Name
Print Title
Children's Services Council of Palm Beach County
By: Date:
Gaetana D. Ebbole
Executive Director
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
05 IGOVA.DOC
Sep 11, 1995 lh24*m
EXHIBIT A
Program Evaluation Model
Program Organizational Chart
i
h --~ 0
0 0 ,-~.,~
---4J
{081
8oynton 8each Police IDe~)artment
Recreation, Athlecics, Police
Chiet
Police
Oel:;ury Chief of !
__Bureau of Admtn.
!
Lt. Pul:;lic/Oomm. ~
__ Relations Oiv.
.x'A eo1~. Officer I
.~1% C$C 1 FTEI
!
EXHIBIT B
1. CSC Budget Form A
2. CSC Budget Form B
o
E
-
0
Agency:
Program:
PART I.
BOYWtON BEACH POLICE DEPA_R~ Date Submitted: [i~C~ 31, 1995
RECREATION, AT1]I, ETICS & POLICE Page I of 2
CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARY Funding Period 10/01/95 to 09/30/96
I. Personnel I$ iSI'$ iS ;$ ;$
Salaries ~ 17,677 j I , ' 19,275 : 36,952
Fringe Benefits f 11,353 i 11.353
II. Travel
VIII. Other Cosls
IX. Equipment t ' I [' 500~ ~-- 1,500
TOTAL PROGRAM.
EXPENSES $17,677 $ ~.$ i$ iS 32,528 $50,205
PERCENT OF P~:)g3RAM 37
X. ~'VENUE$
El. Contribution~ I i , ........
C. Program Fees '
D. Palm Beach Count~
F. HR$ :
G.
EXCESS (DEFICIT)
i
I F~BL (t~)
Agency: BOYI~rroN BE. ACB POLICE DF_~AR~ Date Submit'ted:
Program: EECEAATION, ATB1,ETICS, & POLICE (R.A.P.)
1995
Page 2 of 2
CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARY
PART II.
A. COSTPER CLIENT
1. Total Number of Primary Clients
2. Total Program Expenses as shown in Part 1, Column 6
3. Cost per Primary Client (line 2 divided by line 1)
$50,'205 .....
OR
1. Total Number of Outreach Clients
2. Total Program Expenses as shown in Part 1, Column 6
3. Cost per Outreach Client (line 2 divided by line 1)
PART III.
MATCHING FUNDS - Indicate below the amount used from each ,local source as matching funds, the grant amount and grant title.
F
L1' Children's Services Counctl $ 32,528 S 17,677 PJ[C~F_.&TIOtl, .... ..... A'FBLE~ICST"~ POI
~ 2. United Way $ $
3. Jewish Federation
$ $
4. Other (e.g,, Community Foundation,
Education Foundation. Archdiocese,
etc.
$ $
5. $ $
6. ~,$ $
7 $ $ - -
For=d~ (be)
EXHIBIT C
1. Program Form C
1995-96 BASE PROGRAM APPLICATION INFORMATION
PROGRAM FORM C
PROGRAM: RECRgATION, ATKLETICS, POLICE
[AGENCY: BOYI~ON BE~CII POLICE DEPARTI~I~
........................ ~:::::ii!ii!~!:i~!~i~i~?/~!~::;!~:~:~ :.?:{~;~:::~!~!~ii!~!!~i::i!i~i!i::?~i~ii::::::::::::::::::::::::::::::::::::::::::::::: '"::..i':.i:ii:/..f.~.i. '::iii:::.i:?.~iiil. :
· '<'"";'~:!::' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::[::!::::,:,-": ' ":':'.!:'.: :::'.-':.:h::':. ' '
.......... Prirnao,
Outreach
HOW MANY CHILDREN WiLL BE SERVED 1011/95 TO 9/30/967
HOW MANY ADULTS WILL BE SERVED 10/1/95 TO 9/30/96?
HOW MANY CLIENTS WILL BE SERVED 10/1/95 TO 9/30/967
(ADD NUMBER OF ADULTS + NUMBER OF CHILDREN)
5O
300
0
50
WHAT ARE THE AGES OF THE
CLIENTS YOU WiLL SERVE?
Birth - 2
3-5
6-9
10- 13 IZ
14 - 18 IX
19+
All of the Above
WHAT GEOGRAPHIC AREA(S) IN PALM
BEACH COUNTY WILL YOU SERVE?
North
Central
South IX
West
All of the Above
HOW MANY EMPLOYEES WiLL YOUR PROGRAM HAVE?
Full time
Part time
HOW MANY EMPLOYEES WILL BE FUNDED BY CSC?
Full time
Part time
For (;SC Use Only:
PROGRAM
CSCFUNDS $ 16,676 $ 17,677 ........ $ ]iO0_l ~ c=
TOTAL PROGRAM BUDGET $ 45,637 $ 48,305 $ {ab~
~C ~ OF PROGR~ BUDGET 37 % 37 %
A GEN~
TOTAL AGENCY BUDGET
$ 8.7 MILLIOM $ 9
PROGRAM % OF AGENCY
BUDGET
' .003 % . .005 %
COST PER CTJRNT
COST PER CLIENT PER YEAR
(Based on total pr/mary or total
outreach only.)
3
EXHIBIT D
1. Conditions of Award
CONTRACT 95-081
PROGRAM: Recreation/~thletics/Police (RAP)
~GENCY: city of Boynton Beach
CONDITIONS OF AWARD
me
PROGRAMMATIC
Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
B.Conditions to be observed throughout contract:
1. Provider agrees to obtain CSC approval for any proposed
changes in the program prior to implementation·
2. Provider agrees to submit copies of all personnel or
service provision subcontracts, contracts and/or
agreements related to the operation of this program.
3. Provider agrees to maintain a current copy of the
following on file with CSC:
· Personnel Policies and Procedures
Job descriptions of all CSC funded
staff positions
Certificates of insurance (liability, and
theft and/or auto if capital equipment or
vehicle was purchased with CSC funds)
· License(s) to operate agency/program,
if applicable
. Sales Tax Exemption Certificate
· Service site(s) Fire Inspection
Certificate(s), if applicable
· Service site(s) Health Inspection
Certificate(s), if applicable
F:\QA_DATA\95-96COA\BASE.081 Sep 6, 1995 5:02 pm
Page !
CONTRACT 95-081
PROGRAM: Recreation/Athletics/Police
AGENCY: City of Boynton Beach
(RAP)
II. FISCAL
Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
Conditions to be observed throughout contract:
1. Provider agrees to obtain written approval from CSC for
any proposed changes in the CSC program budget prior to
implementation.
The fiscal administration of this Agreement will be
pursuant to the CSC Fiscal Guidelines.
For governmental agency contracts only:
In executing this Agreement, Provider represents and
warrants that the Council funds to be expended hereunder
to support the budgeted job positions do not replace or
supplant funds previously supplied by Provider for such
positions.
F:\QA_DATA\95-96COA\BASE.051 Sep 7, 1995 9:09 am
Page 2