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HomeMy WebLinkAboutR-2004-087 Additional Staff for ASP Program RESOLUTION NO. 2004-087 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHILDREN'S SERVICES PROGRAMS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO A CONTRACT FOR SERVICES EXISTING BETWEEN THE CITY AND AFTER SCHOOL PROGRAM, INC. ("ASP") TO PROVIDE FOR ADDITIONAL STAFFING AND INCREASED PAYMENT TO ASP FOR THE M.O.S.T. 2003-2004 PROGRAM; AUTHORIZING ADDITIONAL STAFFING AND INCREASING PAYMENT TO ASP FOR THE SUMMER CHALLENGE 2004 GRANT PROGRAM; AMENDING RESOLUTION NO. 2004-069 TO REFLECT THE ADDITIONAL STAFFING AND INCREASED PAYMENT TO ASP FOR THE M.O.S.T. 2004-2005 PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has entered into, and will enter into, agreements with the Children's Services Council of Broward County, and with After School Program, Inc. ("ASP") to provide certain services ("Programs") that benefit children in the City, and WHEREAS, because of the popularity of the Programs, the staffing level provided by the City's service provider, ASP, needs to be increased and the compensation paid to ASP must also be increased; and WHEREAS, ASP will provide an additional staff person for $50.58 per day for school days and early release days, and for non-school days at a cost of $101.16 per day; and WHEREAS, the City has identified Local Law Enforcement Block Grant funds ("LLEBG" funds) to offset the increases; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That City officials are authorized to execute an amendment to a contract for services existing between the City and ASP, to provide additional staffing and increased payment to ASP for the M.O.S.T. 2003-2004 Program; further, additional staffing and increased payment to ASP are authorized for the Summer Challenge 2004 Grant Program and the corresponding agreement shall include such provisions; further, Resolution No. 2004-069 is amended (and the corresponding agreement shall so provide) to authorize the additional staffing and increased payment of not to exceed $16,000. \ I RESOLUTION NO. 2004- 087 Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such amending documents and agreements which are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution shall be repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on May 12, 2004. ATTEST: C.K. M C E LY1A MAYOR — COMMISSIONER LOUISE STILSON CITY CLERK ROLL CALL: COMMISSIONER ANTON - YES APPROVED AS TO FORM AND COMMISSIONER CHUNN - YES CORRECTNESS: COMMISSIONER FLURY - YES 1h VICE-MAYOR MIKES - YES BY: (_�, (h MAYOR MCELYEA - YES • THbMA' S J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2004- 087 Agenda Request Form City of Dania Beach Agenda Item: ' Date of Commission meeting: 5/12/2004 Description of Agenda Item: Resolution approving one additional staff person for P.O.W.E.R. program Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other Please�ex lainW. Summary, explariationandrbae`kground '� �li����°� ��P � � �� The City's P.O.W.E.R. After School program has become a huge success. Because of this, additional staff is needed to provide the 15:1 ratio that we stated with the Children's Services Council grant award. • One staff person is required to maintain the ratio for the 2003/2004 After School Program, the 2004 Summer Camp program and the 2004/2005 After School Program, which will be staffed by After School Programs, Inc. The additional funding will be provided by the LLEBG grant. Attachedexhibitsand additional backup materials (Please list), ,r.,.i.khil. ' ;..._ h). Resolution#2003-151; 2004-031; 2004-069-electronic attachment Contract for Services with After School Programs Inc. - paper attachment Proposal from After School Programs Inc. for the addition staff person - paper attachment For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: 0 Capital: ❑ Account Name: Account Number: Submitted by: btemchuk Date: 5/4/2004 Department Director: btemchuk Date: 5/4/2004 Admin. Services Director: Date: Finance Director: / Date: /'�00k • City Manager Date: S S" `� AArSchoolPrograms, Inc. ,ftC "We are the Child Care Professionals" April 21, 2004 Ms. Bonnie Te.mchuck, Assistant to the City Nlanagor 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Dear Bonnie, This is to propose an addition of an Assistant Director for the 2004-2005 school vear at C.W. Thomas Park After School Program. This addition is due to the high number of' children been served and the need of extra help required to conduct a safe. program. This addition will increase City of Dania Beach's fee with After-School Programs, Inc. by $50.58 a day. The new school day fee will be $532.36. The Assistant Director will not be included for non-school day fees. If you have any questions regarding this issue, please feel free to contact us at our main. office (954) 970-6700. Sincerely, After School Programs, Inc 5700 Horizons Lane Margate, Florida 33063 "You are the Ritz of childcare." Ken Blanchard 5700 Horizons Lane, Margate, FL 33063 (954)970-6700 (8881720-2882 Fax(954)570-7073 www.afterschoolprograms.com After School Programs, Inc. "We are the Child Care Professionals" April 21, ?004 Ms. Bonnie Temchuck, assistant to the City ;�9anagcr 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 Dear Bonnie, This is to propose an addition of an Assistant Director for the remaining of the 2003-200-+ school year (May 3'- June 14"" at C.NV. Thomas Park After School Program. This addition is due to the high number of children been served and the need of extra help required to conduct a safe pro tram. This addition will increase City of Dania Beach's fee with After School Programs, Inc. by $50.58 a day. The ne\v school day- fee will be $532.36. The Assistant Director will not be included for non-school day fees. If you have any questions regarding this issue, please feel free to contact us at our r1:ain • office (954) 9 70-6700. Sincerely, After School Programs, Inc 5700 Horizons Lane Margate, Florida 33063 "You. are the Ritz of childcare." Ken Blanchard 5700 Horizons Lane, Margate, H, 33063 (.954)970-6700 (888)720-2t1.�S2 rax(954)970-7073 www.aPterschoolprograms-com After School' Programs, Inc. "We are the Child Care Professionals" April 21, 2004 Ms. Bonnie. Temchuck, Assistant to the City Nlana�4er 100 West. Dania Beach Bouiev and Dania Beach, Florida 33004 Dear Bonnie, This is to propose an addition of an Assistant Director for the P.O.'"'.E.R. sumn;er camp located at C.W. Thomas Park in Dania Beach. This addition is due to the IIiQh number of children been served and the need of extra help required to conduct a safe program. 1Tis addition will increase City of Dania Beach's fee with After School Programs, Inc. by $101.16 a day. The new non-school day fee for the summer will be $831.45. ITS you have any questions regarding this issue, please feel free to contact us at our main office (954) 970-6700. Sincerely, After School Programs, Inc 5700 Horizons Lane Margate, Florida 33063 "You. are the Ritz of childcare.." Ken Blanchard 5700 Horizons Lane, Margate, P1. 33063 (954)970-6 (M) (888)720-2882 Fax(954)970-7073 www.aPtersehoolprograms.com i RESOLUTION NO. 2004-069 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A ONE YEAR EXTENSION WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF- SCHOOL TIME) GRANT PROGRAM, ENTERING INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT EXTENSION, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS DO EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to accept the extension for funding through the M.O.S.T. (Maximizing Out-of-School Time) grant program offered by Children's Services Council of Broward County; and WHEREAS, specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the Fiscal Year 2004-2005 after school 1 RESOLUTION NO. 2004-069 recreational program, which will coincide with the Broward County School year, including • early release days, and "no school days"; and WHEREAS, this grant will provide $79,153.00 of the operational costs for the program from October 1, 2004 to June 2, 2005 with a match from the City of Dania Beach in the form of in-kind services and LLEBG funds of at least $11,956.28; and WHEREAS, start up costs estimated to be $7,500.00, which includes After School Programs, Inc.'s start up cost, will be requested through Children's Services Council in addition to the $79,153.00; and WHEREAS, the City Manager has determined that the contract with After School Programs, Inc. in the amount of $491.42 for school days and $744.90 for non-school days plus start up costs of $1,852.00 is required for the grant extension of the M.O.S.T. grant and will be for the term of August 16, 2004 to June 2, 2005; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the extension of the Children's Services Council of Broward County M.O.S.T. grant in conjunction with the Agreement with After School Programs, Inc. for after school program staffing, a copy of which is attached as Exhibit "A" to this Resolution. Section 2. That the proper City Officials are authorized to execute the grant Agreement and the Agreement with After School Programs, Inc. and the City Manager and City Attorney are authorized to make revisions to such Agreements as are deemed necessary and proper and in the best interest of the City. 2 RESOLUTION NO. 2004-069 Section 3. That upon execution of the grant agreement and an agreement with After School Programs, Inc., the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 13, 2004. C.K. MCELYE;. MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY- YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA - ABSENT APPROVED AS TO FOR `AND CORRECTNESS: BY: _ THOMAS JyAN tft CITY ATTORNEY 3 RESOLUTION NO. 2004-069 F RESOLUTION NO. 2004-031 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE SUMMER PROGRAM CHALLENGE 2004 GRANT PROGRAM, PERTAINING TO A PROPOSED AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to apply for funding through the Summer Program Challenge 2004 grant program offered by Children's Services Council of Broward County; and WHEREAS, specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the Fiscal Year 2003-2004 summer camp recreational program, which will coincide with the Broward County School year; and • 1 RESOLUTION NO. 2004-031 WHEREAS, this grant will provide up to 87.5% of the total costs for the program ` with a match from the City of Dania Beach in the form of in-kind services of no less than 12.5%; and WHEREAS, the City Manager has determined that the contract with After School Programs, Inc. will be contingent upon an award of the Summer Program Challenge 2004 grant and will be for the term of June, 2004 to August, 2004, with the option to renew for an additional summer camp program in 2005; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the application, acceptance if awarded, and execution of the Children's Services Council of Broward County Summer Program Challenge 2004 grant in conjunction with the Agreement with After School Programs, Inc. for summer camp program staffing, a copy of which grant application is attached as Exhibit "A" to this Resolution. • Section 2. That the proper City Officials are authorized to execute the grant Agreement, if awarded, and, subsequently, the Agreement with After School Programs, Inc. and the City Manager and City Attorney are authorized to make minor revisions to such Agreements as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the grant agreement and an agreement with After School Programs, Inc., the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. 2 RESOLUTION NO. 2004-031 PASSED AND ADOPTED on February 241 2004 B B A TON MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES MIRIAM NASSER COMMISSIONER MIKES — YES ACTING CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON -YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH MA�8 :j. ANSBRO CITY ATTORNEY 3 RESOLUTION NO. 2004-031 RESOLUTION NO. 2003-151 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM; ENTERING INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS DO EXIST IN ORDER TO SECURE SAID SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (J), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to apply for funding through the M.O.S.T. (Maximizing Out-of-School Time) grant program offered by Children's Services Council of Broward County; and WHEREAS, specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the Fiscal Year 2003-2004 after school recreational program, which will coincide with the Broward County School year, including early release days, and no school days; and RESOLUTION NO. 2003-151 WHEREAS, this grant will provide up to 87.5% of the total costs for the programs • with a match from the City of Dania Beach in the form of in-kind services of no less than 12.5%; and WHEREAS, the City Manager has determined that the initial contract with After School Programs, Inc. will be contingent on award of the M.O.S.T. grant and will be for the term of one year, with the option to renew for an additional one year period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the application, acceptance if awarded, and execution of the Children's Services Council of Broward County M.O.S.T. grant in conjunction with the Agreement with After School Programs, Inc. for after school program staffing, a copy of which grant application is attached as Exhibit "A" to this Resolution. 4 Section 2. That the proper City Officials are authorized to execute the grant Agreement, if awarded, and the Agreement with After School Programs, Inc. and the City Manager and City Attorney are authorized to make revisions to such Agreements as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the grant agreement and an agreement with After School Programs, Inc., the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. 2 RESOLUTION NO. 2003-151 PASSED AND ADOPTED on June 10, 2 03. OB AN ON MAYOR — CO MISSIONER ATTEST: ROLL CALL: ! COMMISSIONER CHUNN - YES �� - � COMMISSIONER FLURY-YES CHARLENE J H SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO F RM AND CORRECTNESS: BY: THOMP�S J!%A SBRO CITY ATTORNEY 3 RESOLUTION NO. 2003-151 . CONTRACT FOR SERVICES THIS IS A CONTRACT (the "Contract") BETWEEN AFTER SCHOOL PROGRAMS, INC. , a Florida non-profit corporation ("ASP")-and the CITY OF DANIA BEACH, a municipal corporation ("City"), entered into on 2004 (the "Effective Date"). WHEREAS, the CITY entered into an AGREEMENT with the Children's Services Council of Broward County, ("Council"), identified as the M.O.S.T. 2004 Program and Contract No. 03-2820. A copy of the AGREEMENT is attached as Exhibit A and incorporated by reference, and is referred to as the "Agreement"; and WHEREAS, City has requested ASP to supply staffing and services to implement the Program; NOW THEREFORE, in consideration of the mutual covenants and agreements as set forth herein, the parties agree as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of the Agreement wherein ASP is specifically designated to render services, during the Broward County School Year for 2004-2005 which commences on August 16, 2004 and ends on June 2, 2005. 1.2 ASP shall perform its duties for one hundred eighty (180) school days and twenty-one (21) non-school days. 1.3 ASP will provide transportation and will pay for activity fees for the twenty- one (21) non-school days. 2. PAYMENT 2.1 ASP will bill the City on the first (1s) and fifteenth (15t") days of each month for the preceding school and non-school days at the rate of $491.42 for every school day and $744.90 for every non-school day. Payment is due within twenty-one (21) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after the twenty-one (21) day grace period. If payment is not received within thirty (30) days of its due day, the City shall be in default and ASP may terminate the contract. 2.2 The City shall pay ASP start up costs of$240.00 for printing, $200.00 for a license and $1,412.00 for training, for a total of $1,852.00, which sum shall be paid within twenty (20) days of the Effective Date of this Contract. s 1 3. OBLIGATIONS OF THE CITY 3.1 The City agrees to purchase, provide and supply to ASP the necessary supplies, equipment, facilities and locations as contemplated and required by the Agreement. The City is supplying all of the requirements of the Program contemplated by the Agreement, except as otherwise provided in Section 1 above. 3.2 ASP agrees to act as the recipient for payment from the parents of children in the Program. The Program is defined as the after school program as set forth in the Agreement, Exhibit A. ASP shall not be required to enforce collection procedures for non-payment of fees due for the children. The City shall be solely responsible for enforcement of collection. ASP will remit to the City all proceeds collected on a weekly basis, no later than Monday of the week following the collections for the prior week. 4. DEFAULT 4.1 For other than monetary default by the City, in the event either party defaults in the terms or provisions of this Contract, the other party shall give the defaulting party ten (10) days written notice of the default and an opportunity to cure the default within the ten (10) day period. In the event the default is not so cured, the other party may terminate the Contract by giving written notice thereof. 4.2 This Contract may also be terminated by City for convenience by action of the City upon not less than ten (10) days written notice by the City to ASP. In the event this Contract is terminated for convenience, monies paid by the City shall be prorated on a daily basis to the date the Contract is terminated. Upon being notified of City's election to terminate, ASP shall refrain from performing further services under the terms of this Contract. However, upon being notified of City's election to terminate, ASP acknowledges and agrees that $10.00 compensation paid to it by City, the adequacy of which is acknowledged by Contractor, is given as specific and full consideration to Contractor for City's right to terminate this Contract for convenience. 4.3 City shall obtain approval of Council for the assignment of responsibility as set forth in this Contract to ASP pursuant to the requirements of paragraph X of the Agreement. 5. MISCELLANEOUS 5.1 ASP and the City both agree to comply with their respective requirements as set forth in the Agreement in order to comply with the terms of this Contract. 5.2 Notices: All notices, requests, demands and other communications pertaining to this Contract shall be in writing and deemed duly given when delivered personally with a receipt, when delivered by an overnight courier service with a signed receipt or mailed by certified mail, return receipt requested, postage prepaid, addressed as follows: To ASP: Alan Wolnek After School Programs, Inc. 5700 Horizons Lane Margate, Florida 33063 Telephone: 954-970-6700 Fax: 954-970-7073 To CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 333004 Telephone: 954-924-3610 Fax: 954-921-2604 With copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 3107 Stirling Rd., Suite 300 Ft. Lauderdale, FL 33312 Either party may change its address for notices by written notice to the other given pursuant to this paragraph. 5.3 Prior Negotiations. This Contract supersedes in all respects all prior and contemporaneous oral and written negotiations, understandings and agreements between the parties with respect to its subject matter. All prior and contemporaneous negotiations, understandings and agreements are merged into superseded by this Contract. 5.4 Entire Agreement and Amendment. This Contract and the Exhibits to this Contract set forth the entire understanding between the parties in connection with the Program, there being no terms, conditions, warranties or representations other than those contained or provided in this Contract. Neither this Contract nor any term or provision of it may be altered or amended in any manner except by an instrument in writing signed by the party against whom the enforcement of any such change is sought. 5.5 Severability. If any term of this Contract is found by a court to be illegal or unenforceable at law or in equity, the validity, legality and enforceability of the remaining provisions contained in this Contract shall not in any way be affected or impaired. Any illegal or unenforceable term shall be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of any applicable law or laws and such term, as so modified, and the balance of this Contract shall then be fully enforceable. 5.6 Waiver. Unless otherwise specifically agreed in writing to the contrary: (i) p Y 9 the failure of either party at any time to require performance by the other of any provision of this Contract shall not affect such party's right thereafter to enforce the same; (ii) no waiver by either party of any default by the other shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time granted by either party for the performance of any obligation or act by the other party shall be deemed to be an extension of time for the performance of any other obligation or act hereunder. 5.7 Number and Gender. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 5.8 Headings and Cross-references. The headings of this Contract are included for convenience of reference only, and shall in no way limit or affect the meaning or interpretation of the specific provisions of this Contract. All cross-references to paragraphs shall mean the paragraphs of this Contract unless otherwise stated or clearly required by the context. 5.9 Counsel. Each party has been represented by its own counsel in connection with the negotiation and preparation of this Contract and, consequently, each party waives the application of any rule or law that would otherwise be applicable in connection with the interpretation of this Contract, including, but not limited to, any rule of law to the effect that any provision of this Contract shall be interpreted or construed against the party whose counsel drafted that provision. 5.10 Choice of Laws; Venue. This Contract is to be construed and governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5.11 Successors. This Contract shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 5.12 Counterparts. This Contract may be signed in counterparts with the same effect as if the signature on each counterpart were on the same instrument. Each of the counterparts, when signed, shall be deemed to be an original, and all of the signed counterparts together shall be deemed to be one and the same instrument. 5.13 Effective Date. This Contract shall become effective only after its complete execution by both parties. The Effective Date shall be the date signed last by either of the parties. 4 • IN WITNESS OF THE FOREGOING, the parties have caused this Contract to be executed by their duly authorized officers on the date set forth below their signatures. CITY OF DANIA BEACH, FLORIDA ATTEST: BY: ; _ C.K. McElyea, ayor -�Qpmmissioner 2 BYE a/ty4 _': I cl rye' BY:' �. Louise Stilson, City Clerk Ivan Pato, City Manager APPROVED AS TO LEGAL SUFFICIENCY: BY: Thomas J. A sbro, City At rney AFTER SCHOOL PROGRAMS INC. CORPORATE SEAL:- By: Z& (IF APPLICABLE) Print } Name: .1-f, Title: STATE OF FLORIDA COUNTY OF BEF9RE ME, on /?r ,.� t: 2004 personally appeared as _ti 1_, of After School Programs, Inc., a Florida non-profit corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it , and such person is personal known to me or has produced as identification and did (did not) take an oath. MY COMMISSION EXPIRES: "°'PATRICIAM�'sno/�Bf�OMNe'!°°W""°� Notary Public, State of Florida at Large com??`,pr v&1,1L Expims 211 S2= 5 _ �;`�g Bonded thni(800y432 4254: ' CONTRACT FOR SERVICES COMES NOW, AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation, hereinafter referred to as "ASP" and the CITY OF DANIA BEACH, a municipal corporation, hereinafter referred to as "CITY", and entered into this Contract for Services, hereinafter referred to as "CONTRACT", on the dates set forth next to their signatures. WHEREAS, the CITY has entered into an AGREEMENT with Children's Services Council of Broward County, hereinafter referred to as "COUNCIL", identified as M.O.S.T. 2003 Program and Contract No. 03-2820. A copy of the AGREEMENT is attached as Exhibit A and incorporated by reference, and is hereinafter referred to as "AGREEMENT"; and WHEREAS, CITY has requested ASP to supply staffing and services to implement the above referred to program. NOW THEREFORE, for and in consideration of the mutual covenants and agreements as set forth herein, the parties agree as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of pages 24 and 25 of Exhibit A to the AGREEMENT wherein ASP is specifically designated, during the Broward County School Year for 2003-2004 which commences on August 25, 2003 and ends on June _1 , 2004. 1.2 ASP shall perform its duties for one hundred eighty (180) school days and twenty-one (21) non-school days. 1.3 ASP will provide transportation and will pay for activity fees for the twenty- one (21) non-school days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (1 st) and fifteen (15th) days of each month for the preceding school and non-school days at the rate of $481.78 for every school day and $730.29 for every non-school day. Payment is due within fifteen (15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP within thirty (30) days of the billing date. If payment is not received within thirty (30) days of its billing day, the CITY shall be in default and ASP may terminate the contract. 2.2 The CITY shall pay ASP start up costs of $240.00 for printing, $200.00 for a license and $1,412.00 for training, for a total of $1,852.00, which sum shall be paid within fifteen (15) days of the effective date of this Contract. • 3. OBLIGATIONS OF THE CITY 3.1 The CITY agrees to pay ASP promptly as set forth herein. 3.2 The CITY agrees to purchase, provide and supply to ASP the necessary supplies, equipment, facilities and locations as contemplated and required by the AGREEMENT. The CITY is supplying all of the requirements of the program contemplated by the AGREEMENT, except for the items set forth in paragraph 1 above. 3.3 ASP agrees to act as the recipient for payment from the parents of children in the Program. Program is defined as the after school program as set forth in the AGREEMENT, Exhibit A. ASP shall not be required to enforce collection procedures for non-payment of fees due for the children. The CITY shall be solely responsible for enforcement of collection. ASP will remit to the CITY all proceeds collected on a weekly basis, no later than Monday of the week following the collections for the prior week. 4. DEFAULT 4.1 For other than monetary default by the CITY, in the event either party defaults in the terms and/or provisions of this CONTRACT, the other party shall give the defaulting party ten (10) days written notice of the default and an opportunity to cure the default within the ten (10) day period. In the event the default is not so cured, the other party may terminate the Contract by giving written notice thereof. 4.2 In the event of default, the non-defaulting party may sue for damages. The prevailing party shall be entitled to recover its attorney fees and costs, including legal assistant fees and attorney fees on appeal. 4.3 CITY shall obtain approval of "COUNCIL" for the assignment of responsibility as set forth in this contract to ASP pursuant to the requirements of paragraph X of the AGREEMENT. 5. MISCELLANEOUS 5.1 ASP and the CITY both agree to comply with their respective requirements as set forth in the AGREEMENT in order to comply with the terms of this CONTRACT. 5.2 Notices: All notices, requests, demands and other communications pertaining to this CONTRACT shall be in writing and deemed duly given when delivered 2 personally with a receipt, when delivered by an overnight courier service with a signed receipt or mailed by certified mail, return receipt requested, postage prepaid, addressed as follows: To ASP: Alan Wolnek After School Programs, Inc. 5700 Horizons Lane Margate, Florida 33063 Telephone: 954-970-6700 Fax: 954-970-7073 To CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 333004 Telephone: 954-924-3610 Fax: 954-921-2604 Either party may change its address for notices by written notice to the other given pursuant to this paragraph. 5.3 Prior Negotiations. This CONTRACT supersedes in all respects all prior and contemporaneous oral and written negotiations, understandings and agreements between the parties with respect to the subject matter hereof. All of said prior and contemporaneous negotiations, understandings and agreements are merged herein and superseded hereby. 5.4 Entire Agreement and Amendment. This CONTRACT and the Exhibits to this CONTRACT set forth the entire understanding between the parties in connection with the transaction contemplated herein, there being no terms, conditions, warranties or representations other than those contained herein, referenced herein or provided for herein. Neither this CONTRACT nor any term or provision hereof may be altered or amended in any manner except as an instrument in writing signed by the party against whom the enforcement of any such change is sought. 5.5 Severability. If any term of this CONTRACT is illegal or unenforceable at law or in equity, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any illegal or unenforceable term shall be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of any applicable law or laws and such term, as so modified, and the balance of this CONTRACT shall then be fully enforceable. 5.6 Waiver. Unless otherwise specifically agreed in writing to the contrary: (i) the failure of either party at any time to require performance by the other of any 3 provision of this CONTRACT shall not affect such party's right thereafter to enforce the same; (ii) no waiver by either party of any default by the other shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time granted by either party for the performance of any obligation or act by the other party shall be deemed to be an extension of time for the performance of any other obligation or act hereunder. 5.7 Number and Gender. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 5.8 Headings and Cross-references. The headings of this CONTRACT are included for convenience of reference only, and shall in no way limit or affect the meaning or interpretation of the specific provisions hereof. All cross-references to paragraphs herein shall mean the paragraphs of this CONTRACT unless otherwise stated or clearly required by the context. Words such as "herein" and "hereof' shall be deemed to refer to this CONTRACT as a whole and not to any particular provision of this CONTRACT unless otherwise stated or clearly required by the context. 5.9 Counsel. Each party has been represented by its own counsel in connection with the negotiation and preparation of this CONTRACT and, consequently, each party hereby waives the application of any rule or law that would otherwise be applicable in connection with the interpretation of this CONTRACT, including, but not limited to, any rule of law to the effect that any provision of this CONTRACT shall be interpreted or construed against the party whose counsel drafted that provision. 5.10 Choice of Laws; Venue. This CONTRACT is _ to be construed and governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. 5.12 Counterparts. This CONTRACT may be signed in counterparts with the same affect as if the signature on each counterpart were on the same instrument. Each of the counterparts, when signed, shall be deemed to be an original, and all of the signed counterparts together shall be deemed to be one and the same instrument. A legible facsimile copy of this CONTRACT and any signatures hereon shall be considered as originals. 4 5.12 Effective Date. This CONTRACT shall become effective only after execution hereof (or counterparts hereof) by both parties. The effective date shall be the date signed last by either of the parties. • IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized officers on the date set forth below their signatures. AFTER SCHOOL PROGRAMS, INC.: CITY OF DANIA BE By: � � B . .� y Alan Wolnek, President �a ; o, City Manager Date: August 2003 Date: August� 2003 C IOMedahelm&mhlesWterSchool ProgramslCONTRACT FOR SERV/CES.doc&1173 • 5