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R91-158RESOLUTION NO. R91-/~-8 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 RECREATION & PARKS DEPARTMENT AND CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, REGARDING THE AFTER SCHOOL LATCHKEY RECREATION PROGRAM; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Latchkey After School Program is designed to provide after school care for children and this program is funded 100% through a Children's Services Council grant; 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, Recreation & Parks Department After School Latchkey Recreation Program and The Children's Services Council of Palm Beach County, said Agreement being attached hereto as Exhibit "A". Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this /~Z~day of October, 1991. CITY OF BOYNTON BEACH, FLORIDA / Vice ATTEST: ~Corp~ate Seal) RE~GR 19~25/91 Co~ ~sioner / contract No. 91-087 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 of Palm Beach County, a political subdivision of the State of Florida (hereinafter referred =o as .,Council") and city of Boynton Beach ~m~.~x~m~k~x~p.a~m.~t -~ /~ ~ ~ After School Latchkey Recreation Program, (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 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 #91-088 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 con=rol over any inconsistent provision of the original proposal. The Council agrees to reimburse to the Provider sums up to $107,288.00 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) attached here=o and made a par= hereof; and the attached Exhibit C (consisting of the Program Data Form) attached hereto and made a par~ hereof. The Measuremen~ Model may be finalized and added to this Agreemen= no later than November 30, 1991. 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. The Provider agrees =o comply 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 procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. 087GOV.DOC Sep 11, 1991 11:36 am Contract No. 91-087 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 2 be To assure that these records shall be ava$1able, 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. Ce 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. de To maintain and file with the Council such progress, fiscal, inven=ory, 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 subcontracts and assignmen=s. To acknowledge, =o 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: Se CJ To retain all financial records, supporting documents, statistical records and any other documents pertinent to 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 be retained until resolution 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 regard%ng the status of such litigation and copies of pleading filed therein. 087GOV.DOC Sep 11, 1991 11:24 am Contract No. 91-087 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 3 To report =o the Council, in a format deemed acceptable by the Council, information regarding 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). That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without th~ ~rior 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 th~ ~ouncil'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 in case of damage, loss or theft. To the extent permitted by law, the Provider agrees to indemnify and hold harmless the Council from ligbi~ity on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and aL=orneys' fees, as a result of services performed or not performed, or any negligent act by the Provider or arising from funding grgn~ed or not granted by the Council or any action arising out of the operation of this Agreement. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. The Children's Services Council acknowledges that the Provider is self-insured and accepts the levels of self insurance provided by the Provider. The Provider shall no~ use or disclose any information concerning a client under the Agreement for any purpose not In conformity with federal and state laws and regulations except on written consent of the client, or his responsible parent or guardian when authorized by law. The Provider agrees to establish and maintain procedures and controls acceptable =o the Council for safeguarding records, so that no information contained in the Provider's records, or obtained from others carrying ou~ the terms of the 087GOV.DOC Sep 11, 1991 11:24 am Contract No. 91-087 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 4 10. 11. 12. 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 ~o take all reasonable steps necessary to implement promptly such ~rocedures 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 managemen= and program data, including client 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 r~ports and information as the Council may require. Said reports shall be made as reques=ed from the Effective Date of this Agreement and in a format provided by the Council. The Provider is performin~ the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the paymen5 of wages to all employees for services performed by them under this Agreemen=. The Provider shall, with respec~ to said employees, be responsible for withholding federal income 5axes, paying federal social security taxes, maintaining unemploymen5 insurance.and ~aintaining worker's compensation =overage in amounts required by applicable federal and state law. 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 reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting 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 receip~ of the invoice. 087GOV.DOC Sep 11, 1991 11:24 am Contract No. 91-087 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 5 14. The Provider agrees to return to the Council any overpayments 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 thir=y (30) days following the end of this Agreement. The Council shall have the right to deduct from any subsequent payment reques= 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 paymen= 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 ~aken, the reasons for it, and the conditions, if any, under which the suspension will be lifted. Within five (5) days of receipt of the notice of suspension, the Provider may request a hearing before the Council. Suspension shall be effective five (5) days after receipt by the Provider, 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 request therefore to consider any matters relevant 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 =o finance this Agreement become 087GOV.DOC Sep 11, 1991 11:24 am Contract No. 91-087 1991-92 GOVERNMENTAL UNIT AGREEMENT Page 6 unavailable to the Council, the Council may terminate this Agreement upon no less than five (5) days written notice to the Provider. The Council shall be 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 termina=e 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 Agreement shall not be construed as a waiver of its right to demand strict compliance with 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 Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 18. Notices: Ail notices required hereunder shall be in writing and shall be addressed 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: Charles Frederick, Recreation & Parks Director City of Boynton Beach Recreation & Parks Departmen~ - After School Latchkey Recreation Program 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 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. 087GOV.DOC Sep 11, 1991 11:35 am 1991-92 CSC REQUEST FOR PROPOSALS · : .'-'.~ :¥:'~?:i.: 'i:'~.~::~:f.~i:i~!~:ii~i~i~:.~:::; ............... ~i~i~!:~i~!;~:i~:~:~~-: ';.:.~:~':'~'~:~;: ......... :':::" ..... ::' ':::::'-:: ".:~:-~:~:~::' ;¥::: :.~'.: '-: ':¥':'i' :::!:~::. :':: .::'::';:?:?~;;i~ii!~:~¥i!:i~i~-.~i~:i;~;i~;? i .'~?:i:;i!!?~ i;? ~, ': ':'~'~ : ' We recommend that you complete this form a~er you have completed the rest of the application Please summarize your answers to the five questions appeanng on pages 6 and 7 ot this transmiaal. Agency Name: CITY O¥ BOroN BEAClt Program Name: ~L~TCltitL~ Ah'~SC~OOL This program was originally created based on the 1988 report by the Eederaily Mediated North Boynton Task Force, which addressed the need for supervised youth programming during afterschool hours. The program was expanded by 25 students after one year and we are stilt maintaining a waiting list due to the demand for afterschooi care. The Latchkey Afterscnool Program is designed to provide afterschooi cate for children who attend Rolling Green or Poinciana Elementary Schools, as well as elementary school-aged children who live in the vicinity. Both sites are located in high crime, poverty prone neighborhoods in the north end of the City of Boynton Beach. Hatcher school currently operates this type of program. Our intent is to provide affordable cate, enabling parents/guardians to seek employment knowing their child/children are receiving quality supervision. C Participants are selected by a lottery-style drawing to en~ure~l; an equal opportunity for enrollment. There is an enrollment capacity of~ participants ~_~at. Poinciana and ~at Roiling Green, based on HRS licensure requirements guide- ~k~_-~-lines). Capacity~e%rollment is expected, due to "tevious "ea--' an- ~ ~ ~ r~g~strac~ons na waiting lists. an Under the supervision of Debra Sintow, the Latchkey Program lead person, staff members plan activities to meet our objectives. Homework, nutrition, ~hvsical fit-i ness and pos~tzve self ~mage are all zncorporated into daily program s~h~dules. Debra Sintow has worked for the City of Boynton Beach Recreation and Par~ Department for the past two and one-half years in management positions. As a Supervisor II she was involved with the management of this program under Mark Thompson and was promoted to Supervxsor III during that time. In August 1990, she took over management of the program. As a city employee, Ms. Sinrow has dem- onstrated excellent management skills, providing strong leadership and an ability to see a project through from start to finish. - Our staff members are currently employed by the Palm Beach County School Boardi and come highly recommended by the schools' principals. Each has several years of experience zn working with children and share their special talents zn music, arts and crafts, and physical fitness with the participants of our program. Over the past two years, we have received an overwhelming amount of positive feedback, not only from parents/guardians and school principals, but also from the children, themselves. It appears evident that we have met our goal when the children in our program feel that the term, "Latchkey Child," means something special. The City of Boynton Beach has a strong concern for the health and well being of the children in our community and we strongly urge the Children's Services Council ~o continue to provide its support for this much needed program. 0 O0 O~ ~0 0 j: --. EXHIBIT B 1. Budge~ Form A 2. Budget Form B Program Budge~ Narrative Program Budge~ Summary Z 2.- Program: PART L LATC~]C~f ~&'I'E~SC,qOGL ?.OGR.~M CBC BUDGET FOR},I B: TOTAL PROGP~-'Q4 BUDGL~i' SUMMARY Funding Pc~od 10/01/91 to 9/30/92 (1) (2) (3~ (41 f51 (6) Cost Category , Paim Beach United Other Total CBC County Way HRS Scurces Pmg:a,,'rt Fringe Benefits !1. Travel ,H. Building Soace Utilities VI. Food VII. ina~rect Costs VIII. Other Costs !X. E~u~oment S $ $ .$ $ S --78,980. 78,980. ~ 9;Z49. 9~749. 60 60 0 0 630 630 3,300 3,300 12;744 12,744 5,950 5,950 1,825 1,825 0 0 TOTALPROGRAM EXPENSES $ 113,238 !$ $ S $ $113,238 4 , PERCENT OFPROGRAM lO0 % ¥5 q,5 q4, 0,5 tO0 % X. REVENUES ~,. CSC 107,288 lO7,288 0 0 5,950 s_!D_, 23_8 s s s 0 0 = .950 : 73 ncy: Program: CITY OF BOYNTON BL~CH RECREATION & PARK D EP,kR~ENT LATCHKEY AFTERSCHOOL PROGRAM Date Subm~ed: JULY 3t. 199[ Page 2 CSC BLFDGETFORM B: TOTAL PROGRAMBUDGETSUMMARY Funding Period 10101/91 to 9/30/92 PART LI. A. COST PER UNOUPLICATED CLIENTS Total Numoer of Unduoticated Clients _. Total Program Exoenses as shown ~n Part 1. CoLumn 6 '~ Cost der Unouolicated Client (line 2 divided oy line 1) PART 130 $ 113.238 s 871. ','lATCHING FUNDS - no,cate de,ow me amount used from each local source as .'qa[c,qlng lungs, bqe graet amOUR[ and grant UU9. LocaJ Source toca! I Government Match Grant Amoum [ Amount . ~ ~.N.c~s Councu S $ ' Ctner e.~ 'Scm, numar, ...... em. $ $ £ ,$ S Grant Title S EXHIBIT C Program Data Form Con=inulng Programs New Programs 1991-92 PROGRAM DATA: CONT[NIJTNG pROGRAMS AGENCY: LATCItK~f A~EERSCHOOL PROGRAM CIT~ OF BOYI~ZON BF~XC~ RECREAT%ON & pAKK DEPARtmENT 130 (Undu,~tioatecfl HOW MANY CHI~REN WILL BE SERVED 10/1t91 TO 9f301927 ~ _ ~ ~ (Undu~licatea~ HOW MANY ADULTS WILL BE SEBVED 10/1/91 ~O 9130192? HOW MANY CLIENTS WILL BE SERVED 10/1191 TO 9/301927. ~30 Unduoiicate~) i(ADD NUMBER OF ADULTS + NUMBE~ OF CHILDREN1 WHAT ARE THE AGES OF THE WHAT GEOGRAPHIC AREA(S) IN PALM CLIENTS YOU W1LL~E~VE? BEACH COUN~ WILL YOU SERVE? Binh- 2 No~h ~ 3 - 5 I Centrm 6 - 9 X South ~ 14 - 18 _ All of the 19+ ~ove All of me Above For cbc U~ OnN: HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? Full time =art nme 9 HOW MANY EMPLOYEES WILL BE FUNDED BY CSC? Puli t me Part t~me 9 .... s · ., REQUEST CHANGE FtSCAJ-, INFOf?.~¥f A TION CO:,TRACT PERCENT ' CHANGE I ?ROGRA.%f CBC FUNDS c 121,29[ ~ 107,288 TOFAL PROGRAM BUDGET S L27,34I ~. L13,238 CSC ?~ OF PROG~&M BUDGET 4GE,N'CY 95 95' TOTAL AGENCY BUDGET S 1,937,487 PROGRAM % OF AGENCY 6.5 % BUnDGET COST PER CLIENT COST PER CLIENT PER YE..\R S 980 _ S 87_1, S (109) ' EXI--IIBIT D conditions of Award COI,I~R~C~ 9 ~-087 AGENCY: After School Lat6hKey Recreation city of Boynton Beach Recreation and ParKS CONDITIONS OF AWARD pROGR/%M~ATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of con~raot: 1. completion of Measurement Model and program evaluation f0rms/tes~ instrumentS- 2. completion of job descriptions' B. conditions to be observed throughout contract: 1. provider agrees to obtain CSC approval for any proposed changes in the program ri~ to implementation. · reeS to submit copies oX all subcontractS, Provider ag ....... ~ ntS related to the 2. contracts and/or implementation of this program. 3. Provider agrees to develop a sliding fee scale for implementation 8/92. II. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: 1. submit copy of sales tax exemption certificate- 2. submit agency audit with management letter. B. conditions to be observed throughout contract: · · te is to be calculated based on a 1. The indirect ra . --~;ed to the Program ~cified percentage a~ ~- ~e indirect rate -~- - -~-din~ indlrec~ ~u= _ not to exceed 18o. is Providers agree to obua~n written approval from CSC for any proposed changes tn the CSC program budget p_~io~ to implementation. ?age [ 919~_COA sepS, 1991