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