The URL can be used to link to this page

Home My WebLink AboutR-1994-106A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN THE CITY OF DANIA AND THE SCHOOL BOARD OF BROWARD COUNry RELATING TO CHILD CARE AND/OR ON-SITE SUMMER RECREATION PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA: ayor - C ioner ATTEST **//z*//; City Clerk - Auditor APPROVED FOR FORM & CORRECTNESS , A,,,J (' d4*-By Frank C. Adler, City Attorney Resolution No. 106-94 RESOLUTTON NO. 106-e4 Section 1. That the certain Agreement between the City of Dania and The School Board of Broward County relating to child care and/or on-site summer recreation programs, a copy of which is attached hereto as Exhibit "A", be and the same ls hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSEDandADoPTEDonthis 26 dayof Julv ,'1994. TlllS ACREEN,IIlNT cnrcrcd into this l5th dly ol'lr4lrch, 199{, hy and hclrvccn Thc School Board ol'Bros.rrd Counry, Flonda, (hcrcinalicr rclcrrcd to a.s thc SBB9'1, which is a govcnring body ol' rhc School Distric:t of Broward County, Florida and tho City of Dania, a non-prol'it providcr oI hctorc and altcr school child carc and./or on-sitc summcr rccrcation ProSrams (hcrcinaltcr rcfcrrcd to as "CD"). RECITALS WHEREAS, SBBC issucd a Rcqucst for Proposal idcnrified as RFP 95-001S, datcd January 24. 1994 for rhe purposc of qualifying a pool of providcrs eligible for offering on-sitc bclbrc and aftcr school child iard and/or 6n-site sumrirer rccrcation programs by not-for-profit organizations which is incorporated herein by rcfcrence. WHEREAS, CD now desires to market it's services for on-site before and after school child care and/or on-site summer rccreation programs to the schools pursuant to the spccific dcscription set out in RFp 95-001S and as offered'in CD's response to RFP 95-001S which is incorporatcd herein by reference. WHEREAS, SBBC desires to have CD market ids services for on-site before and after school child care and./or on-site summer recrcation prograJns to the schools pursuant 10 thc specific description set out in RFP 95-001S and as offercd in CD's response to RFP 95-001S. NOW THEREFORE, in consideration of these premises and the mutual covenants sct forth below, the panies agree as follows: AGRFETIENT Recitals: All recitals set forth above are true and correct, and are incorporated herein by reference. Srudenr/Staff Ratio: The student/staff ratio will be maintained at no greater than the ratio indicative in CD's response to RFP 95-001S. Marketing: CD agrees to market it's services for on-site before and after school child care and/or on-site recreation programs to the schools pursuant to the specific description set out in RFP 95-0015 and as oflered in CD's response to RFP 95-001S at no cost to SBBC. Services: Before and/Or after School child care services and/or on-site summer recreation progra.s will be given to any school marketed by CD in Broward_ County whose principal iutliorizes CD to piovide these services by written request and CD signs a lease_ at that,school and follows all other requirements of RFP 95-001S and this Agreement. Services will be in accordance with RFP 95-001S and CD's response to RFP 95-001S including all SBBC guidelines and The Broward County Child Care Ordinance at that time. I 2 J 4. -5 hm CD agrccs to prtlv idc lr ct'rnsislr.'rrt prol]ram as oflcrcd in CD's rcspo nso to RFI) 95-(X) lS. Progrlm cnrichmcnts ma1,bc ol'lcrcd at tny tiltrc during thc tcrm ol'serviccs at any school at no additional cost to thc parcnts. Any program cnrichments which contain an additional cost to thc parcnt.s will roquirc writtcn authorization hy thc principal antl cpproval hy thc hcforc and aftcr school c:lrc advisory rcvicw pancl' 8 Fees: Thc fcc structurc containcd in thc rcsponsc lo R.FP 95-ff)lS or a Iower fee structure iiI d uoon by rhe partics hcreto will bc usdd at all schools wirhout cxccption for 1994-95 iSt ool v',,0, 'Undc'r no circumsranccs will SBBC bc obligatcd to pay CD for scrviccs rendered. Term and Tcrmination: This agrcement shall bccome effcctive March 15, 1994. CD is ffiffid ro pd,d" rh" scrvicei dcfincd hercin for school ycar 1994-95 and 1a.Y havc their authorization rcnewed annually by providing SBBC with. spccil'ic. rencwal inform-rlion ir"irii"o fce srrucrure which'wiil 'be rcqu-sted in writing by the Director of Child b":".forfir"", or his/hcr designce. By June ls-tof cvery year CD will be notified in u'riting of is rencwal or tcrmination of this Agrecment. Disnutesl Should a dispute arise regarding this Agreement, u'hich cannot be resolved at the sct-6ot teu"l, the following process shall be uscd to resolve this dispute: Written information shall be sent to CD regarding the problem giving them five (5) calendar days to respond in writing of the resolution to the Area Superinlendent and the Directoiof Child Development or his/her designee. If the problem remains uncured, a letter will be sent from the superintendent of Schooli or his/her designee ro advise CD that the Agreement and/or the lease(s) will be terminated. This Agreement and the attachments hereto, by the panies constitute the entire aSreement n. It may not be changed or amended except of the parties. This Agreement cannot be parties hereto. 2 9 nti m and any lease agree ment(s) separatelY executed between the parties for services as dehned herei by an instrument in writing signed on behal f assigned without the pnor wntten consent of the 10. Indemnification and Save Harmless: The cD agrees to indemnify and save harmless The School Board of Broward. county, Florida, foi all liability wha-soever arising out of the negligent acts of C.D employees or ug"rt. in directing rhi activities in the performance of their before and/or after school piogram and/or summer recreation program. The CD agrees to pay any and all costs associated with the litigation.and defense of The School Boird of Bioward'County, Florida, as it relates to the use of School Board facilities for the programs conducted by the CD as defined in RFP 95-001S' 1. 6. 7. 12. 13. Laws: This Agreement shall be construed in accordance with the laws of the State of Florida. In the event of any proceeding to cnforce or interpret the provisions of this Agreemcnt and the rights of the parties thcreto, the parlies agrce to venue in Broward County, Florida, and the jurisdiction of the Seventeenth Judicial Circuit in and for Broward County, Florida. Indepcndent Contractor: CD is and shall remain an independent contractor with respect to SBBC and agrees not to represent itself as an agent of SBBC lbr any matrer. Director of Purchasing The School Board of Broward County, Florida 1320 S. W. Fourth Street, Building 7 Fort Lauderdale, Florida 333 l2 For CD: 14. Notices: For purposes of giving notice under this Agreement, the following persons shall be designated to receive notices, unless specifically stated to the contrary herein. For SBBC: Director PersonneUCommunity Development City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Either party may change the person designated to receive notices upon wrinen notification to the other party. ll. Priority of Docunrcnts: ln thc cvcnt ol'a conl'lict hclu'ccn thc docunrcnts. thc ordcr ol' proccdcncc ol docuntcnts l'or this Agrccmcnt shall hc a.s lirllos.s: a. This Agrccmcnt, cxclusivc of RFP 95-(X) I S and CD's rc.sponsc to R FP 95-(X) I S. b. RFP95-00rS c. CD's rcsponse to RFP 95-001S. d. Any lcasc agreement signed by the partics. l-5. Scvr,nthiliry: Il :rny part ol lhis Agrt'cnrcnt is dcclrtrcd inv:rlid, illcgll or ttnt'n l'orcclt hlt'. lhcn ,f-ffiS paris',rt rhc Agrc&tcrrt shall still .rcrnain in l'ull Iorcc cnd cl'lccl unlcss I matcrial altciaiion in thc pos'ition ol' onc or hoth ol' thu partics had rcsultcd duc to thc climination of thc invalid. iilcgll or uncnl'orccahlc scction' IN WTINESS WHEREOF, the partics herero havc cau_scd this Agrccment to bc exccutcd hy thcir duly authorized represcntatives is of the dates sct forth bclow' For The School Board of Broward County, Florida: NAME: TITLE: eit DRob ATTES Chair erson Superintcndent of ls o formp DATE: SICNATURE: For City of Dania: ATTEST: lianda Mullik'i n, City Clerk Robert I'l i kes, Mayor APPROVED AS TO FORI'1 AND CORRECTNESS: Fran-rT. Id Date: Ier, City Attorney ager