HomeMy WebLinkAboutR-2007-164 ASP TIME 4 Kids RESOLUTION NO. 2007-164
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE
CITY OF DANIA BEACH, TO ADMINISTER THE TIME-4-KIDS PROGRAM
FOR THE 07-08 AFTER SCHOOL PROGRAM AND 2008 SUMMER
PROGRAM; 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 Turn Around Dania Beach organization approached the City of Dania
Beach to assume the status of fiscal agent for the T.I.M.E.4-Kids program for the 2007-08 after
school program and 2008 summer program that offers after school and summer time tutoring
services to Dania Beach's children; and
WHEREAS, the T.I.M.E.4-Kides program is funded by grant in its entirety by the 21"
Century Community Learning Centers (2151 CCLC), Florida Department of Education in an
amount equal to $280,000.00 that may be adjusted in accordance with the Approved Program
Budget by the Department of Education; and
WHEREAS, After School Programs, Inc., a Florida non-profit corporation located in
Deerfield Beach, Florida, has submitted a proposal to administer the grant for an amount
consistent with the grant award;
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 execution of an agreement on behalf of the City with After School Programs, Inc., which
Agreement is attached as Exhibit "A" to this Resolution for an amount not to exceed
$254,320.00.
Section 2. That the proper City Officials are authorized to execute the Agreement
with After School Programs, Inc. and the City Manager and City Attorney are authorized to
make revisions to such Agreement as are deemed necessary and proper and in the best interest of
the City.
Section 3. That upon execution of the agreements 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 in effect retroactive to August
20, 2007.
PASSED and ADOPTED on September 11, 2007.
ATTEST:
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LOUISE STILSON, CMC BOB ANTOIV
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS T ZOAND CORRECTNESS:
BY: ( '
TH M S J. ANSPIRO
CITY ATTORNEY
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"EXHIBIT A"
CONTRACT FOR SERVICES
Effective retroactive to August 20, 2007, AFTER SCHOOL PROGRAMS, INC., a
Florida non-profit corporation, ("ASP") and the CITY OF DANIA BEACH, a municipal
corporation, ("CITY"), enter into this Contract for Services ("CONTRACT").
WHEREAS, the CITY has entered into an AGREEMENT with the Florida Department
of Education, hereinafter referred to as "CCLC", identified as Part B of Title IV — 21s` Century
Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110.
A copy of the AGREEMENT is attached as Exhibit A and incorporated by reference,
("AGREEMENT");and
WHEREAS, CITY has requested ASP to supply staffing, supplies and services to
implement the above program identified in the Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
as set forth in this CONTRACT,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 Part B of Title IV — 21" Century Community Learning Centers No Child Left
Behind Act (NCLB) of 2001 Public Law 107-110 in which ASP is specifically designated by the
city, during the Broward County School Year for 2007-2008 which commences on August 20,
2007 and ends on June 5, 2008.
1.2 ASP shall perform its duties for one hundred seventy-five (175) school days and
thirty(30) summer program days.
1.3 ASP will provide transportation as specified in the budget.
2. PAYMENT
2.1 ASP will bill the CITY on the first (0) and fifteen (15`h) days of each month for
the preceding school days for the costs incurred to administer the TIME-4-KIDS program.
Payment for costs is to be based upon the Program Budget as approved and amended by the
CCLC. Any additional costs exclusive of the Program Budget must be approved in writing in
advance by the City. 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 after
more than twenty-one (21) days after the billing date. If payment is not received within thirty
(30) days of its due date, the CITY shall be in default and ASP may terminate the contract.
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3. OBLIGATIONS OF THE CITY
3.1 The CITY agrees to pay ASP promptly as set forth in this CONTRACT.
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 to that effect.
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"CCLC" 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.
1520 S. Powerline Road
Deerfield Beach, Florida 33442
Telephone: 954-596-9000
Fax: 954-596-9880
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.
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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 of this CONTRACT. All prior and contemporaneous
negotiations, understandings and agreements are merged into this CONTRACT and superseded
by them.
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
matters specified in this CONTRACT, there being no terms, conditions, warranties or
representations other than those contained , referenced or provided for in this CONTRACT.
Neither this CONTRACT nor any term or provision of it 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 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 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 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 under this Contract.
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.
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5.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of
and be enforceable by the parties to it 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. A legible facsimile copy of this
CONTRACT and any signatures hereon shall be considered as originals.
5.13 Effective Date. This CONTRACT shall become effective on the date first
specified above.
IN WITNESS OF FOREGOING, the parties have caused this Contract to be
executed by their duly authorized officers on , 2007.
CITY OF DANIA BEACH, a Florida
municipal corporation
By:
Ivan Pato, City Manager
ATTEST:
Louise Stilson, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Thomas J. Ansbro, City Attorney
6 RESOLUTION#2007-164
AFTER SCHOOL PROGRAMS,
INC., a Florida non-profit corporation
WITNESSES:
Alan Wolnek, President
Signature
Print Name
Signature
Print Name
RESOLUTION#2007-164