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
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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=.
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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.
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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
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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.
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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
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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
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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.