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R92-180RESOLUTION NO. R92-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, AND THE CITY OF BOYNTON BEACH POLICE DEPARTMENT, PURSUANT TO THE COUNCIL'S 1992-93 APPLICATION/RFP PROCESS FOR THE JUVENILE FIRST OFFENDER PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has entered into an agreement pursuant to the Council's 1992-93 Application/RFP process for the Juvenile First Offender Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute a certain Agreement between the City of Boynton Beach, Florida and Chidren's Services Council of Palm Beach County, a political subdivision of the State of Florida for the Juvenile First Offender Program. Section 2. That this effective October 1, 1992. Resolution shall become PASSED AND ADOPTED this ~ day of October, 1992. CITY OF BOYNTON BEACH, Mayor FLORIDA Vice Mayor ATTEST: ~Ci~ Clerk (Corporate Seal) Auth~i~.doc BB~mll~tOff Com~ ~ioner Contract No. 92-080 1992-93 GOVERNMENTAL Page 1 UNIT AGREEMENT AGREEMENT THIS AGREEMENT, entered into as of this 1st day of October, 1992, 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 The City of Boynton Beach (hereinafter referred to as "Provider"), for the period from October 1, 1992 ("Effective Date"), to September 30, 1993. W I T N E S S E T H : In consideration of the mutual agreements hereafter contained, the parties, intending to be legally bound, hereby agree as follows: THIS AGREEMENT has been entered into pursuant to the Council's 1992-93 Application/RFP process and Provider's response thereto ~92-78B 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. The Council agrees to reimburse to the Provider sums up to $16,253 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 par= 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 in 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: so To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly 080GOVA.DOC Sep 29, 1992 10:13 am for ef A RESOLUTION OF THE CITY COMMISSION OF THE / CITY OF BOYNTON BEACH, FLORIDA, AND DIRECTING THE MAYOR AND CITY CLERK EXECUTE A CERTAIN AGREEMENT DATE. / ton ~Y :THE CI,TY COMMISSION OF City Clerk are hereby between the City of ~ices councf'i of Palm 1 of~hestate Of Florida That 1, 1992 PASS,ED~ ~/ND ADOPTED / ATTEST: / City Clik (Corpolate Seal) Auths~g.doc BBPD.lstOff / / / / Resolution shall become day of October, 1992. CITY OF BOYNTON BEACH, Mayor Vice Mayor Commissioner Commissioner Commissioner FLORIDA Contract No. 92-080 1992-95 GOVERNMENTAL UNiT A~RE~MENT Page 2 authorized by the Council uo 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") within 120 days of the Provider's fiscal year end. In the even~ that Provider's fiscal year end occurs prior to the completion 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, each such audit and management letter to be provided within 120 days of th~ Provider's fiscal year end. d. To maintain and file with the Council such progress~ -fiscat, inventory, and other reports as ~he~C0uncil may requlire during th~ terms of the Agreement. To include these aforementioned audit and recorduke~ping requirements in all approved subcontrac%s and assignments. To acknowledge, to the extent feasible and appropriate, Council funding of the program i~entified in Exhibit "A" in publications, bulletins, public relations activity, and stationery of Provider. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent ~o this Agreement for a period of five (5) years following termination of this ~., Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall b~ _ retained until resolution of all audit findings. b. Persons duly authorized by the Council shall have full access to and the right to examine any of said materials during said period. c. To permit access by persons duly authorized by the Council, upon reasonable notice, to the Program(s) funded by the Council hereunder for purposes of monitoring said program(s). d. To report to the Council during the term of this Agreement any threatened or pending litigation brought against the Provider, ~, including a description of the nature of the claims involved, and, upon request, to furnish ! information regarding the status of such 080GOVA.DOC Sep 29, 1992 10:13 am Contract No. 92-080 1992-93 GOVERNMENTAL UNIT AGREEMENT Page 3 litigation and copies of pleading filed therein. e. To report to the Council, in a format deemed acceptable by. the council, information regarding ~ed%c~id'0r ~surance~r~imbursem~n~Or indiVidua!senroI~d'~n Or ~r6~id~d'Se~y~ces Un.deS ~hepr0gram(s).~.~nded by the Council under this Agree~n~if~s~c~ ~rei~bu~s~me~ti~is°r may be avail~l~ for such 9r6gr~m(s). f. Tha~ · ) be the .or this 'erred .ess there is specific notif s re~uirem' ~e~ ~"s waiv~,bg~%~; Co~il; ~iii) that lns~ed in case of dama~e~ loss or theft. 5. To th~ ~en~.p~tt~d bg ~a~ the~Ov~de~, agree to i~em~i~y 2~ h01di~ha~1~ '%he C~n~il ~rom llabl!lty on account of.any ~]u~les,:.,?d~ge.,. omissions, commissions, ~ct~ohs, causes of.actions, claims, suits, judgments and damages a~.c~_.u~ng, including court costs and a~tor~e~s' f~e~,' as a result of services performed or no~ ~erformed, or any negligent act by the Prov%d~T. or ar%sA~gifrgm funding granted or,n~t ~rant'ed b~ t~.C~un~il ~r~anY action arising out 6f the op.eratio~ iof this ~greement. 6. This contract may not be. a~igned or ~ub~ontracted ~o ~ny other pa~ty'by the p~o~d&r.wi~h~.~e"prior written approval of 'the' Couhcil. 7. The ~hildren's Services Council a~knowled~es that the Provider is self'insured and accepts :the levels of self insurance provided by ~he Prov:ider. 8. The Provider shall not use or disclose any information concerning a client under the Agreement for any purpose not in conformity with federal ~nd state laws and regulations except on written c~n~ent of'the client, or his responsible parent or guardian when authorized by law. a. The Provider agrees to establish and maintain procedures an~ controls acceptable to the Council ~or safeguarding records, so %hat' no information contained in the Provider's. records, or obtained 080GOVA.DOC Sep 29, 1992 10:13 am Contract No. 92-080, 1992-93 Page 4 10. tl. GOVERNMENTAL UNIT AGREEMENT 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. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such procedures and con=rols in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. The Provider shall submit to the Council management and program data, including clien= identifiable data as deemed essential by the Council. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information as the Council may require. Said reports shall be made as requested from the Effective Date of this Agreement and in a format provided by the Council. The Provider is performing the services and duties required hereunder as an independent contractor and no~ as an employee, agent, partner o~, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under thisAgreement. The Provider shall, with respect to said employees, be respons%ble for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 12. The services provided by the Provider hereunder are provided on a non-exclusive basis, and the Council specifically reserves the right to contract with others for similar services. 13. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reim~.ursement basis. Provider shall submit an invoice to the counc%l by the 10th day of each month following the month in which the services were provided. The invoice will include documentation re'flecting all expenditures made by the Provider under this Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council 080GOVA.DOC Sep 29, 1992 10:13 am Contract No. 92~080 1992-93 GOVERNMENTAL UNIT AGREEMENT Page 5 no later than October 31, 1993 (with appropriate documentation). The Council will not reimburse 14. 15. 1993; The Provider ag-tees to, return tm the Council any overpayments m~de through inadvertence or' mis¢~t~lat~on!or~beca~SelpaYment~isdisailowed as not having~ beeh proper~l~ earned'~nder this'~greement. Such funds ~ha~I be refunded in full ~y Provider to a. W~th~n twen. ~.y (2"0) day~. from the. dat~ of written notlf~cat~o~ by the Counc~l.to the Provider of ov~ay~e~t~r~dlsai~ance; or ~ b. Wi~hlR thar~y (30)-da~s followmng the end of this Ag~ee~e~t,~!~i c. The~Council/~hall have the right to ded~ct~from any s~bS~nt payment request Submitted by the P~vider, tk? a~0unt of any overpayments Or di~allo~e~'~f~nds. · i The for reasonable ~ause, suspend~the pending Corrective action~by~the · decision by the.couneil~to The Council may,~for the Provider from .gation of any fund~ r~ceived fromm.- corrective action~by the ~ terminate~this'Agreement. of funds~!or obligation ~ to-a'll or part oflthe Provider's opera~ions. Before~uspending.payment of funds to a Provider or preyentihg a Provider from incurring additlonal obligatio~ Of funds received, the Council Shall notify the Provider, in writing, Of the action-to be taken, the reasons for it, and the conditions, if a~y, under which the suspension will be lif~edl within'~ive (5.') days of receipt of the notice of suspension, {~e Provider may request a hear~n~ before the Council. Suspension shall be effectivei f~ve (5) days after receipt by the Provider, unless the Councili~as determined that immediate suspension ~s necessary and so informs the Provider. If a~hea~ing is timely requested by, the Prouider, the suspension Will not be effective unDil a d~te. determined byithe Council following the heg~ing. The hearing will be held within a reas?nable t~me after 080GOVA.DOC Sep 29, 1992 1~:13 am Contract No. 92-080 1992-93 GOVERNMENTAL UNIT AGREEMENT Page 6 request therefore uo consider any matters relevant to the suspension and will determine, in light of matters presented, if the suspension and any conditions imposed on reinstatement are warranted. The decision of the Council shall be final. 16. In the event funds to finance this Agreement become unavailable to the Council, the Council may termina=e this Agreement upon no less than five (5) days written notice to the Provider. The Council shall be the final authority as =o the availability of funds. 17. The Council may =erminate this Agreemen~ 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 Aqreemen~ shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreemen= or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreemen=. The Provider may terminate this contract with or without cause provided that Provider shall 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. Notices: all notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: 18. For the Council: Barbara A. Kauffman, Executive Direc=or Children's Services Council of Palm Beach County 3111 So. Dixie Highway, Suite 243 West Palm Beach, FL 33405 For the Provider: J. Scott Miller, City Manager The City of Boynton Beach Juvenile First Offenders 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 19. Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph I above may be reduced in the even= that the Council determines that the Provider will not spend the entire amount allocated by September 30th fiscal year end. The determination may be made (a) during the course of reviewing a budget revision 080GOVA.DOC Sep 29, 1992 10:13 am Contract No. 92-080 1992-93 GOVERNMENTAL UNIT AGREEMENT Page 7 submitted by the Provider pursuant:to the Council's procedures or (b) based upon the Council's monitoring of Provider"s program and its expenditure history. Before any such reduction becomes final, the Provider will he~otified in writing of-the proposed action and s~all have the opportunity to address the Councll!s'Boardrega~ing the proposed re~c~ion. The decision~of the Council's Board on this issue shall be final. 20. This Agreement, which includes the attached Exhibits A, B, C & D, contains all the terms and conditions of o~ =obind P0s~ble 19 ess in kereto. 080GOVA.DOC Sep 29, 1992 10:13 am Contract No. 9Z-080 1992-93 GOVERNMENTAL UNIT AGREEMENT Page 8 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized officers. The City of Boynton Beach Juvenile First Offenders By: Date: Print Name Print Title Children's Services Council of Palm Beach County By: Date: Susan Pell Chairman APPROVED AS TO FORM & LEGAL SUFFICIENCY By: Thomas A. Sheehan, III Attorney for Children's Services of Palm Beach County Council ~ROYF. D A~ ro FOR~: C4~ AITORNE~----'-- 080GOVA.DOC Sep 29, 1992 10:13 am EXHIBIT 1. Program Evaluation Model 2. Program Organizational Chart Z ..3 ~ ~< Boynton Beach Police Department Juvenile First Offender Program Chiefof Police Deputy Chief of Bureau of Admin. Lt. Public/Comm. Relations Div. CPO Sgt. [ JFO Officer 1 42% CSC 1 FI'EI EXHIBIT B 1. CSC Budget Form A 2. CSC Budge= Form B Z A o o X Agency: Boynton Beach Police Dept. Program: jUVeUile First Offenders Date Submitted: PART I. CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARy Funding Period 10/01/92 to 09/30/93 Page I of 2 Salaries Fringe Benefits Travel . Builciing Space IV. Commun~cauons/ Utfl~es I P dntlng/$upolles VI. FOOd VI Indirect Costa VIii Other Coa~3 X --a u~D~nenr 16,253 $ 22,206 $ 38,459 8.701 8,701 200 200 $ 16,253 tS S S 1,500 1,500 3,400 3,400 TOTALPROGRAM EXPENSES PERCENT OF PROGRAM X. REVENUES 36,007 $ 52,260 69 % 100 % ~ CSC B. Contncuuons Cash 2 in-Kind C Program Fees D. Palm Beach County E umreO Way isl3ecay} : HRS G. Other TOTAL PROGRAM EXCESS (DEFICIT) Agency: Bo3mton Beach Police Dept. Program: Juvenile ~irst Offenders Date Submitted: Page 2 of 2 CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARY PART II. A COSTPER CLIENT · ~'9~l ~U~'~er, o[ Primary Clients 2 Total Program Exl~enses as snown in Part 1 Column 6 3. Cost Der Primary Ctient {lme 2 divide=i t~y line 1) OR · Total Numoer of Outreach Clients 2. Total Program Exoenses as ShOWn in Part 1 Column 6 3. Cost Der Outreach Client {line 2 divi=ie=i by line 1) PART IlL MATCHING FUNDS - indicate below the amount use~t from each ~ocal source as matcl~mg fun=is, the grant amount ann grant t;le. $ 52~260 ~ Chil=iren's Services Council 36,007 2. Un,ed Way $ $ 3, JeWish Fe=ierauon $ $ ,: Other (e.g.. Community Foundation E=iucat~on Foun=iat~on. Arch=iiocese. etc $ $ 5 $ $ 5 $ $ 7 $ $ I$ [6,253 Juveml. le ffiret Offemt~ EXHIBIT C 1. Program Data Form HOW MANY CHILDREN WILL BE SERVED 10/1/g2 TO HOW MANY ADULTS WILL BE SERVED 10/1/g2 TO HOW MANY CLIENTS WILL BE SEF~ED 1011/92 TO gl301937 1992-93 BASE PROGRAM APPLICATION DATA FORM PROGRAM FORM D PROGRAM: JI.Tv~N-TT ,R FT1RST AGENC~f: ~imerM Outreec~ ~ ~o 700 ~ [~ 20 WHAT ARE THE AGES OF THE CLIENTS YOU WILL SERVE? Birth -- 2 3--5 14. - 18 XX All of the Above WHAT GEOGRAPHIC AREA(S} IN PALM BEACH COUNTY WILL YOU SERVE? North Central Sou~h ~ We~ 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 t~me PROi~RA~I CSC FUNDS $ 16 ~253.00 TOTAL PROGRAM BUDGET $ 52,260.00 $ 52,260.00 CSC % OF PROGRAM BUDGET 43 % 31% AGENCY $ 22,500.00 $--~ 0 ~ % $ 0 0 % TOTAL AGENCY BUDGET $8.7 M~,ION PROGRAM % OF AGENCY BUDGET 6 % 6 % COSTPERCLI~NT $ o COST PER CLIENT PER YEAR (Based on totat ommary or total outreach only ) 268 52,260.00 */~' ~ ~ 232 3~ 0 % For CSC Use Only: Support: EXHIBIT D 1. Conditions of Award CONTRACT 92-080 PROGRAM: AGENCY: Juvenile First Offender Progam Boynton Beach Police Department CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: 1. Completion of program evaluation forms/test instruments 2. Submit copy of sales tax exemption certificate. 3. Submit fire xnspection certificate for program site. 4. Submit certificate of insurance for program site. Conditions to be observed throughout contract: 1. Provider agrees to obtain CSC approval for any proposed changes in the program prior to implementation. Provider agrees to submit copies of all subcontracts, contracts and/or agreements related to the implementation of this program. 3. Provider agrees to maintain a current copy of the following on file with CSC: Service site(s) Fire Inspection Certificate(s) Service site[s) Health Inspection Certificate(s), if applicable Job descriptions/resume(s) of all C$C funded staff positions Certificates of insurance and bonding License(s) to operate Agency/program, applicable if Sales tax exemption certificate )293COA.080 Sop 3, 1992 !:35 pm CONTRACT 92-080 PROGRAM= AGENCY: Juvenile First Offender Progam Bo~nton Beach Police Department CONDITIONS OF AWARD II. FISCAL A. Conditions to be observed throughout contract: Providers agree To obtain written approval from CSC for any proposed changes in the CSC program budget ~ To implementation. In executing this Agreement, Provider represents and warrants that the Council funds to be expended hereunder to support the budgeted ~ob positions do not replace or supplant funds previously supplied by Provider for such positions. The Fiscal administration of the agreement between CSC and the provider will be pursuant ko the CSC Fiscal Guidelines. ~293COA. 080 $~ 3. 1992 [:35 pm