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R91-159RESOLUTION 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 JUVENILE FIRST OFFENDERS 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 IDepartment Juvenile First Offender Program is to reduce the number of juvenile repeat offenders from 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 NOWt THEREFOREt BE IT RESOLVED.BY THE CITY CITY OF BOYNTON BEACH, FLORIDA THAT: CO~ISSION OF THE Section 1. The Mayor and City Clerk are hereby directed to execute an Agreement between the City of Boynton Beach, Police Department - Juvenile First Offenders and The Children's Services Council of Palm Beach County, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~day of October, 1991. CITY OF BOYNTON BEACH, FLORIDA Vice Mayo~ ATTEST: (corpo~'%~ Sea i pD~J6~A~R .... [ssioner Contract No. 91-064 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 ~ '~ ~OYNTON BEACH ~ ~~- JUVENILE FIRST OFFENDERS Mayor Ar] t-e Weigher Print Name/Title CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY Chairman Date: A~PROVED AS TO FORM & ~.F~AL SUFFICIENCY Thomas A. Sheehan, III Attorney for Children,s Services Council of Palm Beach County ~6~GOV.DOC ~ 6, 1991 10:08 am Contract No. 91-064 1991-92.GOVERNMENTAL UNIT AGREEMENT Page 1 AGREEMENT THIS AGREEMENT, entered into this ist day of October, 1991, 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 Boyuton Beach - Juvenile First Offenders, (hereinafter referred to as "Provider"), for the period from October 1, 1991 ("Effective Date")~ to September 30, 1992. W I T N E S S E T H : In consideration agreements hereafter contained, the parties, be legally bound, hereby agree as follows: of the mutual_ intending to THIS AGREEMENT has been entered into pursuant to the Council's RFP process and Provider's response thereto # 214 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 ~ouncil agrees to reimburse to the Provider sums up to $22,500.00 for provision of services described in the attached composite Exhibit "A" (consisting of the Program Summary Form, Program Model and Measurement Model, and the Program Organizational Chart); the attached composite Exhibit "B" (consisting of the CSC Budget Forms A and B submitted by the Provider] att~6hed hereto and made a part hereof; and the attached Exhibit C (consisting of the Program Data Form) attached hereto and made a Bart hereof. The Measurement Model may be finalized and added to this Agreement no ~ater t~an Novembe~ 30, 1991. It is expressly~undgrs~ood and agr~eed, by and between the parties, that the services ~o b~ rendered hereunder by the Provider shall be provided in compliance with all terms and conditions Set for%h in Exhibit "A", "B", "C" and "D"' and in the Conditions of Award attached hereto and made a part hereo~ as Exhibit "D", as well as the terms and conditions of this document. 2. The Provider agrees to com~ly with all applicable federal, state and local laws. The Provider agrees to comply with the following requirements: To maintain books, records and documents in accordance with normally accepted accounting proceddres and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreemen=. 064GOV.DOC Sep 6, ~991 10:08 am Contract NO. 91-064 199~92 GOVERNMENTAL UNIT AGREEMENT Page 2 b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit bythe Council .and pers?nneI duly authorized by the Council to make s~ch inspection, review or audit. c. To submit, upon completion of the period of this Agreement,.a GAO Standard Financial and. compliance Audit within 120 days of the Provider'~ fiscal year end. de To maintain and fi%e with the Council such progress,.f~scal, inventory, and other reports as the Council~ may require during the terms of the Agreement. e. To include these aforementioned audit and r~cor~keeping requirements in all'approved subcontracts and assignments. f. To acknowledge, to the extent feasible and appropriate, Council funding of the program id~nt~ified inl Exhibit "A" in publications,- buit~tins,~ public relations activity, and stationery of Provider. The Provider agrees: To retain alt financial records, supporting documents, statistical records and any other documents pertinent {o this Agreement for a period of five (5) ~egrs foilowing termination of this Agre~men{ or,i if an audit has b~en initiated and audi~ findings havenot been reSolved let the end of t~,~five ~ear per~0d, the records shall be retained until res0~ution of all audit findings. Pers~0nS ~uly authorized by thelCouncil shall have full ~eCcess to alnd the right'to.examine any of saidlmaterials during sai~ period. To ~ermit access by persons duly authorized by ~he Council, upon reasonable no~ice, 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, incl~dlng a descript~on'of~ the nature of the claims involved, andl, upon request] t0 furnish info~ma~io~ regardin~ th~ status of.such litigation and copies of pleading filed therein. 064GOV.DOC Sep 6, 1991 10:08 am Contract No. 91-064 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 3 e. To report to the Council.. in a format deemed acceptable by the Council, information re~ardin~ Medicaid or insurance reimbursement for - - individuals enrolled in or provided services under the program(s) funded by the Council under this Agreement if such reimbursement is or may be available for such program(s). f. That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to thR requirements (i) that said items may not be mortgaged, pledged, orhypothecated without the prior written approval of the Council; (ii) that upon termination or earlier cancellation of this Agreement, the said item(s) shall be transferred to the Council, at the Council's request unless there is specific notification that this requirement is waived by the Council; (iii) that said item(s) shall be maintained in operable condition; and~(iv) that said item(s) will be insured i~ case of damage, loss or t~eft. 5. To the exten~ permitted by law, the Provider agrees uo 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 cour= costs and attorneys' fees, as a result of services performed or not performed, or any negligent act. by the Provider or .armsing from funding grgn~ed or not granted by the Council or any action arising out of the operation of thi~ Agreement. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. 7. The Children's Servic.es~Counci~ acknowledges that the Provider is self-insmred and~accepts the ~evels of self insurance provided by the Provider. 8. The Provider shall no~ use or disclose any information concernin~ a client under the Agreement for any purpose not in conformity with federal and s~ate laws and'regulations excep~t on written consen~ of the client, or his responsible parent ~r guardian when authorized by law. The Provider agrees to establish and maintain procedures and contrcts acceptable to the Council for safeguarding records, so that no information contained in th~ ~Provider's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by the 064GOV.DOC Sep 6, 1991 10:08 am Contract No. 91-064 1991-92 GOVERNMENTALUNIT RGREEMENT Page 4 Provider, its agents, officers or employees except as provided by law. b, It shall take all re~ promptlysuch protect the servi¢ f the Provider no )s'necessary to implement and controls in order no ~ecelvlng order to assure the ity of any medical or to any such client. 10. 11. 12. The ProVider and program data, as deemed The Provfder of stati Council~may ~Y able data h the Council with reports include 0f persons served asthe Said reports,shall.be made as ctivelba:te Of %his Agreement requested from and in a format provided by the Council. The Provider is per~ )rming the services and duties required hereunder:'~ ~ an independent contract°r and not as an employee,! ~gent, partner of, or joint venturer wit~ t~e ~l lnoil.~ The Provider shall assume sole and exclusive ~ ~spcnsibitity for the payment of wages to all~ ~mploy~ ~S for ,services performed by them under this A~reemen: , ~The P~6vider shall, with respect to ~aid emp )yees, b~,responsible for withholdin~.iifederal~,i~come taxes, pa~ing'federal socilal security.tax~ ~, ~ain~aini~g u~emp~oyment insurance~a~d, maint ~nihg worker's .compensation coverage in amounts ~equired by applicable federal and ~state l~w. - The services provide~ by the Provide~ hereunder are provided on a non-e~clusive basis, and the Council speoi~fica~L~y~re~erV~s the,right!to contract with others' for,~imilar-~ervices. 13. Payments for services rendered pursuant to this Agreement shall beT'made to the Provider monthly on a reimbursement basis.~ Provider shal~ submit an invoice to the Cou~6il~by the 10th day of each month following the monthlin w~ich the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement~ ~in ~h~atev~r form reasonably required,by CounciI~ SubDect to the a~ailability of funds, the'Councill-ill p~ovide reimbursement to the Provider. within 45,~days after receipt of the invoice. 064GOV.DOC Sep 6, 1991 10:08 am Contract No. 91-064 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 5 14. The Provider agrees to return to the Council any o~erpayments 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: Within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance; or ~ b. Within thirty (30) days following the end of this- Agreement. 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. Before suspending payment of funds to a Provider or preventing a Provider from incurring additional obligation 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 any, under which the suspensign will be lifted. Within five (5) days of recelp~ of the notice of suspension, the Provider may reques= a hearing before the Council. Suspension shall be effective five (5) days 9fter receipt by the Pr?vider, unless the Council has determined that immediate suspension is necessary and so informs the Provider. If a hearing is timely requested by the Provider, the suspension will not be effective until a date determined by the Council following the hearing. The hearing will be held within a reasonable time after reques~ therefore to consider any mgtters 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 ~o tbs Council, the Council may terminate 064GOV.DOC Sep 6, 1991 10:08 am Contract No. 91-064 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 6 17. The Council may terminate this Agreement for any ~. If the Council intends to termi writing to the ] hours prior to ~ The Council Provider for past breaches not be construed as a strict compliance withthe terms .ce shall be provided in twenty-four (24) 'the.termination. a shall to demand or 18. Notices: all ~notices required.here~der~.shall be writing and.s'halllbe addressed to th.e~ following representative of the part parti~S:~ 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 3'3405 19. For the Provider: Edward G. Hillery, Jr., Chief of Police B0ynton Beach Police D~partment 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (407) 369-2556 This Agreement, which includes the attached Exhibits A, B C & D, contains all the terms and conditions agreed upon by the parties. No other agreemenns, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties here~. This Agreement shall not be modified unless in writing and signed by both parties hereto. 064GOV.DOC Sep 6, 1991 10:08 am Contract No. 91-064 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 CIT~OF BOYNTON BEACH~u~ ~ JUVENILE OFFENDERS FIRST CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY By: Ma¥or Arline Weiner Print Name/Title Date: By :- Billie Brooks Chairman Date: APPROVED AS TO FORM & LEGAL SUFFICIENCY By: Thomas A. Sheehan, III Attorney for Children's Services of Palm Beach County Council 064GOV.DOC Sep 6, 1991 10:08 am PALM BEACH COUNTY 3111 South Dixie Highway Suite 243 "West Palm Beach. Florida 33405 i407q 655-1010 ~ FL WATS: (800) 331-1462 "FAX: (407) 835-1956 September 10, 1991 Chief Edward G. Hillery, Jr. Boyn~on Beach Police Depar~men~ i00 E. Boynton Beach Blvd. Boynson Beach, FL 33435 Dear Chief Hillery, As you know, the 1991-92 con~rac5 year for CSC begins October 1991. Because your agency may require a few weeks to secure approval and signatures, we are forwarding copies of the CSC Agreements for the following programs for you to initiate the process: Juvenile First Offenders Program Recreation, Athletics and Police Please have the Agreements signed and returned %o the attention of your CSC staff consac~ as soon as possible. Your full contract package (still being finalized) will include the following materials: 1) 7 Daqe Contract Aqreemen~ 2) Exhibit A Program Summary Form Program Model Measurement Model Program Organizational Chart 3) Exhibit B - Budget Form A - Program Budges Narrative Budget ~orm B - Program Budget Summary 4) Exhibit C - Program Data Form 5) Exhibit D - Conditions of Award The final contract with your program has nos yet been approved by the Council. Accordingly, there is a possibility that the contracs may need ~o be revised. If revisions are required, we will notify you as soon as possible. .OFHCERS: Chairman: Billie E. Brooks ;'ice Chairman: Susan R Pell Secretary: James A Hart COUNCIL MEMBERS:James C. Hill,Jr.. Fred T Joss, ThomasJ Mills. Pamela T. Dunston Lillian P Gaines. Maud¢ F. Lee. Hov-.'ard C. Berman EXECUTIVE DIRECTOR: Barbara A Kauffman Page: 2 If you have any questions CSC staff contact. Sincerely, /_ '_/. ~'i" / Barbara A. Ka~m~n Executive Director Enclosures regarding this matter, please call your EXHIBIT A Program Summary 2. Program Model 3. Measurement Model 4. Program Organizational Chart 1991-92 CSC REQUEST FOR PROPOSALS fl-Jan-91 PRO:POS~:.FORM :::B:::~. PROGRAM:.:S~¥ ...... We recommend that you complete this form aRer you have completed the rest of the application Please Summarize your answers to the five que~ions appearing on pages 6 and 7 pt this transml~al. Agency Name: Boynton Beach Police Department Program Name: Juvenile First Offender On a daily basis, Detective Tony Principe, Program Coordinator, reviews all juvenile arrest paperwork for the proceeding shifts. He then decides on a case- by-case basis which juvenile 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 the J.F.O. 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 juvenile'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 co prevent further arrests. However, some of the benefits include: drop-out prevention, attitude adjustment, increased self esteem, new personal goals, and a better understanding of the criminal justice system and how an arrest for any offense can affect their future such as college, employment, and military opportunities. ~Ota rj 0 O0 0~'~ =U SPEC. INV. SERGEANT I WHITE COLLAR DETECTIVE I DETECTIVE SHOCAP I JUV. DETECTIVE J.F.O. 1 FTE I D.A.R.E./ S.R.O. EI'G-IIBIT B 1. Budget Form A - Program Budget Narrative 2. Budget Form B - Program Budget Summary i .- ~ ~ ~ . 0 ~ ~ · ;.:~.?:::~::.?::?.-:~:. ~ ~ ~ 0 ~ ~ 0 o ~ 0 A0orm~. Bo~t:o~ Beach Police Department Dam $~fll~toch Au~uo~ 1, 1991 Program: Juvenile First Offenders Page 1 PART I. CSC B~ET FO1;Uvi B: T(Yr,&I.~ PROGRAM B~E'T SUIVt]Vi. ARY FUndingPeriod 10/I/91 tO 9/30/92 I. Personnel Salaries Fringe Benefits II, Travel III. Building Space tV, Communications/ Utilities V. Printing/Supplies VI. Food VII. Indirect Costs VIII. Other Costs IX~ EQuipment !TOTAL PROGRAM EXPENSES ~PERCENT OF PROGRAM O) $ 22,500 , (2} (3) Palm: ~cb {::-.;:: ~:::~Oit~?:.: '"! 'C~umyi~:;::~~ { 4==;==============?= . 22,500 $ I 43 % % (4) (5) (6) .:!:.:!.:..Oul~::i:i~?'.;.. ~57-i;.~.:: i: :.:;. { $ 15,959 38,459 $8,701 $8,701 $200 $2 }4,900 $4,900 29,760 S 52,260 57 % 100 % X: REVENUES A. CSC $22,500 $.22,500 B. Contributions 1 Cash 2. In-Kind ~29,760 ~29,760 C. Program Fees D, Patm Beach County E. United Way (specify) :. HRS G. Other TOTAL PROGRAM REVENUES EXCESS [DEFICIT) $22,500 $. $ $ $ 0 $__ $__ $ $52.26O $_ 0 FormB l lng Agency: Bolrnton Beach Police Departaent Program: Juvenile First Offenders Date Submitted: August 1 ~ 1991 Page 2 CSC BUDGET NORM B: TOTAL PROGRAM B~ET SUMMARY Funding Period 10/1/91 to 9/30/92 PART Il. A. COST PER UNDUPLICATED CLIENTS 1. Total Number of Unduplicated Clients 2. Total Program Exoenses as shown in Part 1, Column 6 3. Cost per Unduplicated Client (line 2 divided by line 1 ) $ 52.260 MATCHING FUNDS - lndicaIe below tne amount used from each local source as matching funds, the grant amount ano grant title, · ::' ' Matctz-: Local Source ~ Amount 1. Children's Services Council 2. United Way 3. Jewish Federatio¢ 4. Other (e.g., Community Foundation. Education Foundation Archdiocese, etc. $ $ $ $ I formB2 lng) EXHIBIT C 1. Program Data Form 1991-92 PROGRAM DATA: CONTINUING PROGRAMS 18--Jul-91 iPRO~RAM: Juvenite First Offenders AGENCY: Bo~nton Beach Police Department PROGRAM [NFORA~ATIO.~ HOW MANY CHILDREN WILL BE SERVED 1 011/91 TO 9130192? HOW MANY ADULTS WILL BE SERVED 1011/91 TO 9130192? HOW MANY CLIENTS WILL BE SERVED 10/1191 TO 9130192? (ADD NUMBER OF ADULTS + NUMBER OF CHILDREN) 108 (Unduplicated) (Unduplicated) (Unduplicated) WHAT ARE THE AGES OF THE CLIENTS YOU WILL SERVE? Birth - 2 3-5 6-9 10-13 14 - 18 19+ All of the Above WHAT GEOGRAPHIC AREA(S) IN PALM BEACH COUNTY WILL YOU SERVE? North Central South X West All of the above For CSC Usc Only: HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? Full time 1 Part time HOW MANY EMPLOYEES WILL BE FUNDED BY CSC? Pull time 1 Part time { ,990-91 CSC ,~91-92. I S PERCENT FISCAL 1NFOR.MIATION' CONTRACT ~QUEST C~NGE C~NGE PROGRAM CSC FUNDS TOTAL PROGRA/vi BUDGET CSC % OF PROGRAM BUDGET $ 30 ~000 $ 48,663 62 % 500 $ 52,260 43 % AGENCY TOTAL AGENCY BUDGET I $ 7.1 mil $ 8.7 mil $1.6 mil +23 % PROGRAM % OF AGENCY BUDGET i .7 % .6 °/0~ COST PER CLIENT COST PER CLIENT PER YEAR $ 135 , $--1-55.33' For CSC Us~ Only: Early Intervention: Long-term/Intensive Intcrven~on: Suppo~: EXHIBIT D Conditions of Award CONTRACT 91-064 PROGRAM: AGENCY: Juvenile First Offender Program Boynton Beach Police Department CONDITIONS OF AWARD I. PROGRAMMATIC At Issues or information to be furnished or resolved within sixty (60) days of execution of contract: Completion of Measurement Model and program evaluation forms/test instruments. 2. Completion of job descriptions. 3. Fire inspection certificate for program si~e. 4. Certificate(s) of insurance. II. B. Conditions to be observed throughout contract: Provider.agrees ~o obtain CSC approval for any proposed changes in the program prior 5o implementation, Provider ~grees ~o submit copies of all subconsrac~s, consracss and/or agreements related 5o the implementation of this program. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: 1. Submit copy of sales 5ax exemption certifica=e. B. Conditions to be observed throughout contract: Providers agree to obtain written approval from CSC for any proposed changes in the CSC program budget prior to implementation.