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R91-160
RESOLUTION NO. R91-/~ 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 POLICE DEPARTMENT - RECREATION/ATHLETICS & POLICE (R.A.P. PROGRAM) AND CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the goal of the City of Boynton Beach Police Department Recreation/Athletics Program (R.A.P.) is to serve the~ children of the City of Boynton Beach; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to enter into an agreement with the Children's Services Council of Palm Beach County for the 1991-92 fiscal year, a copy of said Agreement being attached hereto as Exhibit 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 directed to execute an Agreement between the City of Boynton Beach, Police Department Recreation/Athletics & Police Program and The Children's Services Council of Palm Beach County, said Agreement being attached hereto as Exhibit "A". upon Section 2. This Resolution shall take effect immediately passage. PASSED AND ADOPTED this ./'~day of October, 1991. CITY OF BOYNTON BEACH, FLORIDA ATTEST: (~orporat~Seal) RAP/AG~ ~/26/91 Vice May6r oner Contract No. 91-067 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 7 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized officers. PROVIDER CHILDRF~N ' S SERVICES CQLINCIL RECREATION, ATHLETICS; AND POLiC~-~J~ Mayor Arlene We/X~er Billie Brooks Chairman Print Name/Title APPROVED AS TO FORM & Thomas A. Sheehan, III Attorney for Children,s of Palm Beach County Date: Services Council 067GOV.DOd Sep 6, 1991 10:06 am Contract No. 91-067 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 1 AGREEMENT THIS AGREEMENT, entered into this day of October, 1991, by and between the Children's Services Council cf Palm Beach County, a political subdivision of the State of Florida (hereinafter referred to as "Council") and the Boynton Beach - Recreation/Athletics & Police, (hereinafter re~erred to as "Provider"), for the period from October 1, 1991 ("Effective Date"), to September 30, 1992. W I T N E S S E ~ 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 RFP process and Provider's response thereto #213 and any addendums accepted by the Council. Those portions of Exhibits A, B, C and D contained herein that differ from the original proposal 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 $12,150.00 for provision of services described in the attached composite Exhibit "A" (consisting of the Program Summary Form, Program Model and Measuremen~ Model, and the Program Organizational Chart); the attached composite Exhibit "B" (consisting of the CSC Budget Forms A and B submitted by the Provider) attached hereto and made a part hereof; and the attached Exhibit C (consisting of the Program Data Form) attached hereto and made a part hereof. The Measurement Model may be finalized and added to this Agreement nc later than November 30, 1991. It is expressly understood an~ 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 o The Provider agrees to comply with all applicable federal, s~a~e and local laws. The Provider agrees to comply with the following requirements: 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. 067GOV.DOC Sep 6, 1991 10:06 am Contract No. 91-067 1991-92 GOVERNMENTAL Page 2 UNIT 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. To submit, upon completion of the period of this Agreement, a GAO Standard Financial and Compliance Audit within 120 days of the Provider's fiscal year end. To maintain and file with the Council such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. To include these aforementioned audit and record-keeping requirements in all approved subcontractsand asS'ignments. To acknowledge, to the extent feasible and appropriate, Counci% funding of the program identified in Exhibit "A" in publications, bulletins, public relations activity, and stationery of Provider. 4. The Provider agrees: To re~ain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) y~ars 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 be retained until re$o.iution of all audit findings. Persons duly authorized by the Council shall have full access to and the right to examine any of said materials during said period. 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). 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 litigation and cOpieS of pleading filed therein. e. To report to the Council, in a format deemed 067GOV.DOC Sep 6, 1991 10:06 am Contra¢= No. 91--067 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 3 acceptable by the Council, information regarding ~ed%caid or insurance.re~mbursementfor individuals enrolied'l~ or provided ~ervices under the prOgram(s) funded by th~iCO~ncil under this Agreement if suCh reimbursement is ot may be available for such program(s). f. That =h are to be acq ~imburs~d by the Council, shall ,je~t~to the re~quluements (i) that said items may not be mortgaged, pledged, or hypothecated without the ~ri6r 5. To the extent permitted by la~, the Provider agrees to indemnify andl hold.harmleSs, the council~from liability on account of ~y .injuries, damages, omissions, commissions, actions, causes of'actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees, as a result of services perf~ormed or:not,performed, or any negligent act by the Provider orarising from funding granted or not ~ranted bY t~e Council o~ a~y action arising out .of ~he Qpera~ion Of ~his Agreement. 6. This contract may no~:be assi~ned~or subcontracted to any other party by.the PrOUider.without.the prior written approval ~f thei'codncil. 7. The Children,s Services COuncil acknowledges that the Provider. is self-insured and accepts the legels of self insurance provided by ~he ProVider~ ~ 8. The Provider shall no=~use or disclose any information concerningia, client Uhder the Agreement for any purpose not i~icon:formity. With federal and state ~aws ~nd regu'lation~except on written consent of the client, or his responsible parent or guardian when authorized by lawl a. The Provider-agrees to establish and maintain procedures iand C0n~ols acceptable to the Council for safeguar~in~ records, so that no information contalne~ in th~ ~ovider~s records, or obtained from others Carryin~ out the terms of the Agreement, shalilb~ fused by or disclosed by the Provider, its agen=s, officers or employees 067GOV.DOC Sep 6, 1991 10:06 am Contract No. 91-067 1991-92 GOVERNMENT/%L UNIT AGREEMENT Page 4 except as provided by law. It shall bethe responsibility of the Provider to take all reasonable steps necessary to implement promptly such ~rocedure~ and controls 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 client identifiable data as deemed.essential by the Council. 10. 11. 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 repor=s and information as the Council may req~.lre. Said reports shall be made as requestedlfrom the Effective bate of this Agreement and in'a format The Provider is required not as an venturer sole wac unde~ res coverage and State law. provided by the Council. performing the services and duties an independent contractor and ~ent, partner of, or joint Council, The Provider Shall assume ~or the ~aymenn of for services performed by them The Provider shall, with employees, be responsible for income taxes, paying federal maintaining unempl?yment · ' g worker's compensation required by applicable federal 12. The services.pr~vided b~ the Provider hereunder are provide~on a!n~n-~xcl~ive basis, 5nd the Council specif~caLl~reSer~es ~the right to Contract with Others~for ~imilar services. 13. 14. Payments, for services rendered pursuant to this Agreement Shall be made to the Provider monthly on a reimbursle~entb~sis.~ Provider shall submit an invoicet6 ,th~ ~eunc%l by the 10th day of each month following the~m~th in which the services Were providea. ~The ~nvoice Will include documentation reflecting all expenditures made by the Provider under thi~ Agreement, in whatevsr form reasonably requiredlby ~ouhcil. Subject to the: availability of funds, the Council will provide reimbursemenn to the Provider withini4.5 days after receipt of the invoice. The ProVider agrees to return to the Council any overpayments ma~ through ihadvertence or 067GOV.DOC Sep 6, 1991 10:06 am Contract No. 91-067 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 5 miscalculation or because payment is-disallowed as not having been e~rned Under this Agreement. Such funds by Provider to the Council as~ follows: 15. 16. The Council'~may~ ~or reds payment of'f~n~S'~ending pr~vider.or!'pendi~g a'd~c terminate thisAg~eement~ reasonable'ca~se, lprChibJ incurrin~aditi6n~% from %hecouncii, jpe~ih! Provider Said suspensioni0f~payme~ thereo~ may apply to~ ' operationg~ within thirty (~30) days following the end of this Agreement. The Council s~all have ~he~right to deduct from any subsequent, payment request submitted by the Provide~¥ the am0un~'o~an~ ~verpayments or disallowed fuhds.~ ~ ~ onset ~ause, suspend the Cor~s tiue ae~ion by the ~i~ by~ th~ Coun'cit to : Th~ C~uncil~may, for t,th~ Provider from gat~¢. Of any funds received · corI .ct~lve'aotion by, the ~r~ n~te ~bi~s~Agreement. t!o~-.unds or obligation o~pa~t~ ~of th~ Provider's ~y~nt. o f~c~ei~ , i~n WI ~O~, ~it SUsp~ s0f~ id~.~ ed~ ~ thi Before suspending.~ pre%enting'a ~ro!Qi( ~bligatlo~ of~f~nd~ notify the Prov~d~ taken, the re,sobs~ any, under which~t Within five (5) d~ suspens~0~ the,~Pr, the CouhCii. days after:rede~ipt Council has daterm necessary and so in ~funds. to a Provider or n~rring additional ~be council Shall .~n~; 0f~the action to be h~d~the conditions,, if will' be ilifted. .,~t of the not%ce ,of~ ~q~es% ~a hearing De[ore be .effeCtive five (5) ~i~D,odiat~ suspension is i~ovider. if a hearing lis time!ly req~s~ed~by the Provider, the suspension wii~ not b~;~f~t~e~u~til a date determined b~the~Cq~ci!~f~l~°w~ng~'the hearing. The hearing wilt b~ he~d~.~ithiD~a!~reas°nable time after request therefore' ~0~d6nsi~ri~on~ mott~s relevant to th~ Suspensi'on ~and will ~r~lne', in light o~ matters pres~n~e~ ~f~th~ ~s~en~ionland any conditi95S i~pOs~ 6n r~in~m&nt are warranted. The decision ~f ~he ¢ou~i'~i's~al~be?final' In the event funds't6'fi~nc~!th~s Agreement become unavailable ~olt~e c~uncil, ~e Council may terminate this Agreeme~t~u~oni~o~'le~i ~ant~five (5) days ~. , written notice to~the P~0vid~ The Council shall De 067GOV.DOC Sep 6, 1991 10:06 am Contract No. 91-067 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 6 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 priQr to the effective date of the termination. The c6~hcfl's failure to terminat~ or suspend a Provider for past breaches of this Agreement shall not,be construed as a waiver of its right.~to demand strict compliance w%th 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 without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Ccuncil shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 18. Notices: all nosices required hereunder shall be in writing and shall be ~ddressed to the following representative of the part parties: For the Council: Barbara A. Kauffman, Executive Director Children's Services Council of Palm Beach County 3111 So. Dixie Highway, suite 243 West Palm Beach, Florida 33405 For the Provider: Chief Edward G. Hillery, Jr., Executive Director Boynton Beach Police Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (407) 369-2550 19. This Agreement, which includes the attached Exhibits A, B C & D, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. 067GOV.DOC Sep 6, 1991 10:06 am Contract No. 91-067 1991-92 GOVERNMENTAL UNITAGREEHENT Page 7 IN WITNESS THEREOP, the parties have caused th±s Agreement to be executed by their undersigned duly authorized officers. CITY OF PROVIDER CHILDREN'S SERVICES COUNCIL ©F PALM BEACH COUNTY By: . Bye: Billie Brooks Mayor Arline Weiner Chairman Print Name/Title Date: Da~e: APPROVED AS TO FORM & LEGAL SUFFICIENCY By: Thomas A. Sheehan, III Attorney for Children's Services of Palm Beach County Council 067GOV.DOC Sep 6, 1991 10:06 am CHILDI NS SEIKVICES COUNCIL PALM BEACH COUNTY 3111 South Dixie Highway, Suite 243 * West Palm Beach. Florida 33405 (407) 655-1010 · FL WATS: (8001 531-1462 · FAX: (407) 835-I956 September 10, 1991 Chief Edward G. Hillery, Jr. Boynton Beach Police DeparLmen~ 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Chief Hillery, As you know, the 1991-92 contract year for CSC begins October 1, 1991. Because your agency may require a few weeks ~o secure approval and signatures, we are forwarding copies of the CSC Agreements for the following programs for you ~o initiate the process: Juvenile First Offenders Program Recreation, Athletics and Police Please have the Agreements signed and returned of your CSC staff contac~ as soon as possible. Your full contrac~ package (still being finalized) the following materials: the attention will include 1) 7 Daqe Contrac~ Aqreemen~ 2) Exhibit A Program Summary Form Program Model Measuremen~ Model Program Organizational Char~ 3) Exhibit B Budge5 Form A - Program Budget Narrative Budge~ ~orm B - Program Budget Summary 4) Exhibit C Program Data Form 5) Exhibit D Conditions of Award The final con~rac~ with your program has no~ yet been approved by the Council. Accordingly, there is a possibility that the contract may need ~o be revised. If revisions are required, we will notify you as soon as possible. OFFICERS: Chairman: Biilie E. Brooks Vice Chairman: Susan R Pell Secretary: James A. Hart COUNCIL MEMBERS:James C. Hill, Jr., Fred T. Joss, Thomas J Mills. Pamela T. Dunston Lillian P Gaines. Maude F. Lee. Howard C. Berman EXECUTIVE DIRECTOR: Barbara A. Kauffman Chief Edward Hillery, Jr, Boynton Beach Polic~ Depatnmenl 1991-92 CSC Contract Page: 2 If you have any questions regarding ~his matter, CSC staff contact. Sincerely, ~/YB~rbara A3 ~K/~/~ma/n Executive Director Enclosures please call your EXI'IIBITA Program Summary 2. Program Model Measuremen~ Model 4. Program Organizational Chart 1991-92 CSC REQUEST FOR PROPOSALS PROIN S :FORM PROGRAM SUMM. ARY? 11-Jan-91 We recommend that you coml~lOto this lorm after you have com01eted the res! of the al~lication Please Summtmze your answers to the t vequestions alapear ng on I~ages 6 and 7 of th s transmittal. Agency Name: Boynton Beach Police Depar£menl: Program Name: Juvenile Flrsl: Offender On a daily basis, Detective Tony Principe, Program Coordinator, reviews all juvenile arrest paperwork fbr the preceeding shifts. He then decides on a case- by-case basis which juvenil~ is a candidate for the program. Once a candidate ~s selected, Detective Principe then conducts an interview with the juvenile and his/her parents or guardians, If all parties agree on the conditions, the~ juvenile voluntarily enters tbs J.F.~. Program and the arrest paperwork is not, filed with the State Attorney's Office, pending successful completion of the program. ~- Some of the conditions include but are not limited to: letter of apology, restitution, community service, counseling, positive or alternative programs/ activities, and a renewed commitment to school. The 3uvenile's progress is monitored initially on a weekly basis. As the juvenile progresses, he/she is monitored every three (3) months by contacting the parent, juvenile, school, and State Attorney's Office. After the first year, the juvenile is monitored yearly until he/she is 18 years of age. The ultimate goal of the program is to prevent further arrests. However, some of the benefits include: drop-out prevention, attitude adjustment, increased self esteem, new personal goals, and a better understanding o~ the criminal justice system and how an arrest for any offense can affect their future such as college, employment, and military opportunities. II. CONTRACT 91-064 PROGRAM: AGENCY: Juvenile First Offender Program Boynton Beach Police Department CONq)ITIONS OF AWARD PROGRAMMATIC A. Issues or information sixty (60) days of execution of Completion of Measurement Model forms/test instruments. to be furnished or resolved within contract: and program evaluation 2. Completion of job descriptions. 3. Fire inspection certificate for program 4. Certificate(s) of insurance. site. B. Conditions to be observed throughout contract: 1. Provider ~grees ~o obtain CSC approval for any proposed changes in the program prior to lmplemensatlon. 2. Provider agrees Lo summit copies of all subcon~racss, consracLs and/or a~reemenss related 5o the implementation of Uhls program. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: 1. Sukmit copy of sales 5ax exemption certificate. B. Conditions to be observed throughout contract: Providers agree to obtain written approval from CSC for any proposed chances in the CSC program budget prior ~o implemen~asion. EXHIBIT D .. Conditions of Award 1991-9'2 PROGRAM DATA: CONTINUING PROGRAMS 18-Jul-91 ~PROGRAM: Juvenile First Offender1 AGENCY: Boynton Beach Police Department !PROGRAM HOW MANY CHILDREN WILL BE SERVED 10/1191 TO 9130/927 .~ ~ ? HOW MANY ADULTS WILL BE SERVED 10/1/91 TO 9/30/927 108 HOW MANY CLIENTS WILL SE SERVED 10/1191 TO 91301927 (ADD NUMBER OF ADULTS + NUMBER OF CHILDREN) WHAT ARE THE AGES OF THE CLIENTS YOU WILL SERVE? Birth - 2 3-5 6-9 10-13 14-18 19.- All of tine Above North Central South West All of the above WHAT GEOGRAPHIC AREA(S) IN PALM BEACH COUN'I'~ WILL YOU SERVE? X (Unduplicate(0 (Unduplicated) (Unduplicated) HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? Full time Part t~me HOW MANY EMPLOYEES WILL BE FUNDED BY CSC? Full time Part time For CSC Use Only: PROGRAM CSC FUNDS TOTAL PROGRAM BUDGET PERCENT CHANGE $ 30 $ 48,663 CSC % OF pROGRAM BUDGET 5OO 260 +7 62 % AGENCY TOTAL AGENCY BUDGET $ 7.1 mil PROGRAM % OF AGENCY BUDGET .7 COST PER CLIENT COST PER CLIENT PER YEAR $ 135 For C$C Us~ Only: 43 % $ 8.7 mil .6 $1.6 mil ; +23 % $ -1-55.3~' ~ ,/~ Support: EXHIBIT C 1. Program Data Form Agency: Solrnton Beach Police Depart-sent Prooram: Juvenile First Offenders OateSubmitted: AuKust It 1991 Page 2 P~TH. A. CSC BUDGET FORM B: TOTAL PROGRAM BIJI~ET SUMMARY Funding Period 10/1/91 ._ to 9/30/92 COST PER UNDUPLICATED CLIENTS 1 TotatNumber of UnduDticated Clients 2. Total Program Expenses as shown in Part 1, Column 6 3. Cost per Unduolicated Client Iline 2 divided Dy tine 1) I $ 52.260 MATCHING FUNDS - Indicate below the amount used from each local source as matching funds, the grant amount and grant title. 1. Children's Serwces Council ,$ $ 2. United Way $ $ 3. Jewish Federation $ $ 4. Other (e.g., Community Foundation, ~ Education Foundation, Archdiocese, ; etc. $ I$ · C~r .rnB2 ne) Agency. ~oyncon Seach police Departnent OaloStf:x'rdtlod: iuS'usc 1, 1991 Program: Juvenile First Offenders, Page CSC BUDGET FORM B:, TOTAL PROGRAM BUDGET SUMMARY Funding Period 10/1/9t to 9/30/92 _ PART I. (1) (2) (3) (4] (6) I I. Personnel $ $ $ $ S S Salanes 22,500 15,959 38,159 Fringe Benefits [ $8.701 $8t 701 Il. Travel ill. Building Space IV. Commumcations~ Utilities V. Printing/Supplies v,. Food Vll. Indirect Costs ] t ~4~900 $4,900 VIII. Other Costs IX. Equipmem TOTAL PROG RAM 2 I I I $29,760 EXPENSES $ 2 ,500 $ $ $ $ 52,260 X. REVENUES A. CSC $ 22,500 S 22,500 B, Contributions 1. Cash 2. In-Kind }29t760 I}29~760 C. Program Fees D. Palm Beach County E. United Way (specify) F HRS G. Other TOTAL PROGRAM REVENUES $ 22,500 $ $ $_ $~ EXCESS [DEFICIT) $ 0 $ $__ $ $ 0 $ 0 COLLAR DETECTIVE SPEC. INV. SERGEANT JUV. DETECTIVE SHOCAP DETECTIVE J.F.O. 1 FTE IS.R.O. EXHIBIT B 1. Budget Form A - Program Budge~ Narrative 2. Budget Form B Program Budget Summary