HomeMy WebLinkAboutR-1989-131 RESOLUTION NO. 131-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETWEEN THE CITY OF DANIA
AND BROWARD COUNTY REGARDING A GRANT FROM
PUBLIC SERVICES DEPARTMENT OF BROWARD COUNTY
RELATING TO AFTERSCHOOL PROGRAM AT COLLINS
PARK ELEMENTARY SCHOOL; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the agreement between the City of Dania and
Broward County regarding a grant from Public Services Department
of Broward County relating to afterschool program at Collins Park
Elementary School , a copy of which is attached hereto and made a
part hereof as Exhibit "A" , be and the same is hereby approved and
the appropriate city officials are directed to execute same .
Section 2 . That Michael W. Smith , as Personnel Director, and
Mardie Holloway , as Recreation Coordinator, are hereby authorized
to sign monthly invoices and certification statements as required
by said agreement .
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
DECEMBER
i
PASSED and ADOPTED this 12th day of 1989.
M YOR - CO MIS J ER
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
FRANK C . ADLER, City Attorney
J
Resolution No. 131-89
A G R E E M E N T
between
BROWARD COUNTY
and
CITY OF DANIA, FLORIDA
Contract Number
AFTER SCHOOL CARE PROGRAM
EXHIBIT „A"
I _
A G R E E M E N T
between
BROWA�UNTY
and
CITY OF DANIA, FLORIDA
This Agreement- , entered into this
19_, by and between BROWARD COUNTY day of
� a political subdiv�of
the State of Florida, hereinafter referred to as "COUNTY" ;
AND
The CITY OF DANIA, FLORIDA, hereinafter referred to as
"PROVIDER" .
WHEREAS, this agreement will enable the PROVIDER to provide
after school care services .
WHEREAS, expenditures given to the PROVIDER have been found,
determined and declared to be a county and public purpose by the
Board of County Commissioners of COUNTY;
NOW, THEREFORE, the parties agree as follows :
-2-
ARTICLE I
SCOPE OF SERVICES
The PROVIDER agrees to provide on a monthly basis the services set
forth in Exhibit "A" attached hereto and made a part hereof .
ARTICLE II
FUNDING AND METHOD OF PAYMENT
2. 1 The maximum amount payable by the COUNTY under this Agreement
shall be twenty four thousand eight hundred dollars ($24 ,800 ) .
2.2 COUNTY agrees to reimburse for units actually delivered
correctly invoiced and documented .it unit price specified in
Exhibit A. Invoices are due on or before the fifteenth of the
following month. COUNTY agrees to reimburse the PROVIDER on a
monthly billing basis. No monthly bill shall exceed that amount
obtained by dividing the maximum amount payable under this
Agreement, by the number of months set forth in ARTICLE III of
this Agreement, "TERM OF SERVICES" .
IN ORDER TO BE DEEMED PROPER AS DEFINED IN THE FLORIDA PROMPT
PAYMENT ACT, ALL INVOICES MUST COMPLY WITH THE REQUIREMENTS SE
FORTH IN THIS AGREEMENT AND MUST BE SUBMITTED ON THE FORM AND
PURSUANT TO INSTRUCTIONS PRESCRIBED BY THE COUNTY, ATTACHED
HERETO AND INCORPORATED HEREIN. EXHIBIT C AND EXHIBIT D.
2.3 Monthly invoices submitted by PROVIDER shall include a
certification statement signed by an authorized ,person as
referenced in Exhibit B, attached hereto and made a part hereof ,
that each client served by the PROVIDER is eligible under this
Agreement. Should it become necessary for PROVIDER to replace
signators , a notarized copy of the authorizing resolution as
passed by PROVIDER's Board of Directors or Trustees shall be
submitted to COUNTY' s Contract Administrator for this Agreement.
A letter from the President of the Board of Directors or
Trustees setting forth the reason for the action must accompany
the notarized copy. Both items must be submitted to COUNTY's
Contract Administrator for this Agreement on or before the
fifteenth of the following month.
All documentation required by this Section shall ha_ reported
maintained and presented upon such forms as may be required byCOUNTY.
2.4 PROVIDER may choose to document units delivered in excess of
contracted levels. Units of service so documented may be used
to augment subsequent months ' billings when service levels are
lower than contracted amounts. Written levels must be submitted
with billing whenever this deficit occurs. Adjustments enabling
PROVIDER to collect maximum monthly payment(s) for the month(s )
showina unit shortages will be made so long as justification for
uneven service delivery is deemed acceptable by County 's
Contract Administrator for this Agreement.
-3-
2.5 Invoices not acceptably submitted within forty-five (45)
days of the closing date of this Agreement shall not be
reimbursable ; acceptance is within the sole discretion of
COUNTY's Contract Administrator for this Agreement.
2.6 PROVIDER shall provide signature authorization to COUNTY as
shown in Exhibit B, pages one ( 1) and two ( 2 ) , attached
hereto and made a part hereof.
2.7 Submission of accurate, timely documents, as required by
COUNTY shall be considered a factor in evaluating future
funding requests. Each invoice returned for correction or
delayed pending receipt of additional documentation, or
invoices received after the fifteenth of the following month
will carry a minus three (-3) value in future funding
request evaluations , except non-profit agencies contracting
for the first time with COUNTY, as addressed in Section 2.8
following.
2 .8 Non-profit agencies contracting for the first time with
COUNTY are exempt from the minus three (-3 ) penalty insofar
as the first quarter invoices only are concerned.
2.9 PROVIDER represents to COUNTY that no other public funds are
used for invoiced services and COUNTY has relied upon that
representation.
2.10 Name and address of the official payee to whom payment shall
be made:
City of Dania, Florida
Post Office Box 1708
Dania, Florida 33044
Y ARTICLE III
T-
TERMS OF SERVICE
This contract shall commence on October 1 , 1989 and terminate on
September 30, 1990. For the purposes of reimbursement to
PROVIDER the phrase "TERM OF SERVICE" shall refer to that ten
(10) month period during which services are to be provided under
Ehis Ayteemati�.
-4-
ARTICLE IV
MONITORING
The PROVIDER Agrees:
(a) To provide the COUNTY with periodic progress reports on the
program which include statistics and data on the number of
persons served and other such reports and information as may be
required by the COUNTY.
(b) To assign appropriate staff as necessary to attend periodic
meetings with COUNTY staff to access the quality of service and
make recommendations for improvement.
(c ) To make all records pertaining to eligible clients subject at
all times to inspection, review and/or audit by the COUNTY.
(d) That monitoring reports originated periodically by designated
COUNTY staff shall be considered a factor in evaluating future
funding requests .
ARTICLE V
TERMINATION OF AGREEMENT
5.1 This Agreement may be terminated by either party on thirty
30 ) days written notice to either party .
5.2 Broward County's Board of Commissioners shall be the final
authority as to the availability of funds and how available
funds will be allotted among its various providers . In the
event funds to finance the services set forth in Exhibit "A"
become unavailable , the obligations of each party hereunder
may be terminated upon no less than twenty-four (24) hours
written notice to the other party.
5.3 If the provider fails to provide services called for by this
Agreement within the time specified herein or any extension
thereof, or if the PROVIDER fails to perform any of the
other previsions of this Agreement, the COUNTY may , by
written notice of breach of the PROVIDER, terminate all or
any part of this Agreement.
5.4 Termination, pursuant to Section 5.3 , shall be upon no less
than
_...._a....... inn % 1* il. in writ- inn. delivered by
certified mail, or in person.
ARTICLE VI
RETENTION OF RECORDS
The PROVIDER shall preserve and make available all financial
records, supporting documents , statistical records and any other
documents pertinent to this contract for a period of three (3 )
years after termination of this Agreement; or, if an audit has
been initiated and audit findings have not been resolved at the
end of these three (3) years , the records shall be retained until
resolution of the audit findings.
-5-
I
ARTICLE VII
INDEPENDENT CONTRACTOR
The PROVIDER is an independent contractor under this Agreement.
Services provided by the PROVIDER shall be by employees of the
PROVIDER and subject to supervision by the PROVIDER, and not as
officers, employees or agents of Broward County. Personnel
policies , tax responsibilities , social security and health
insurance, employee benefits, travel, per diem policies and other
similar administrative procedures applicable to services rendered
under this Agreement shall be those of the PROVIDER.
ARTICLE VIII
FINANCIAL STATEMENT
8 . 1 The CONTRACTOR shall provide the COUNTY a special report by
a Certified Public Accountant, or by the entity's internal
auditor on the elements-specified in the financial
presentation described in Section 8 . 3 below .
8 .2 If the special report is prepared by an independent
Certified Public Accountant, it shall be in accordance with
Section 621 of the Codification of Statements on Auditing
Standards as promulgated by the American Institute of
Certified Public Accountants . If the special report is
prepared by an internal auditor, it shall be as nearly in
accordance with that Section as the status of the internal
auditor permits, realizing that the internal auditor may not
issue the opinions required therein.
8 .3 The financial presentation shall show all revenues, by
source and all expenditures to include the classification
set forth in- Exhibit "A" for each specific PROGRAM/PROJECT
for which grant funds were provided. The financial
presentation shall specifically disclose any funds received
which .were not expended in accordance with the AGREEMENT (or
with any regulations incorporated by reference therein) . It
shall specifically disclose the interest computed as earned
on.-these funds. It shall identify the total of noncompliant
expenditures and interest earned as due back to the COUNTY.
8.4 The reporting period for the financial disclosure
information described in 8. 1 and 8. 2 above shall be the
CONTRACTOR's fiscal year. The information shall be filed
with the COUNTY within ninety (90) days after the close of
each of the CONTRACTOR'S fiscal years in which the
CONTRACTOR accounts for funds under this Agreement.
-6-
t�
ARTICLE IX
EQUAL OPPORTUNITY FOR-EMPLOYMENT OF SERVICES
9 . 1 PROVIDER shall not discriminate against any employee or
applicant for employment because of race, age, religion,
color, gender, national origin, .marital status , physical or
mental .handicap. PROVIDER shall take affirmative action to
insure . applicants are employed and employees treated during
employment without regard to race, age, religion, color,
- :.gender, . national origin, marital status , physical or mental
handicap. Such actions shall include, but not be limited
to, the followinq: employment, upqrading, demotion,
transfer, recruitment or recruitment advertisinq, layoff,
termination, rates of pay;-other forms of compensation,
traininq, including apprenticeship.
9.2 Decisions regarding client eligibility shall be made without
regard to consideration of race, age, religion, color,
gender, national origin, -marital status, physical or mental
handicap or other factor which cannot be lawfully or
appropriately used as basis for service delivery.
ARTICLE X
INDEMNIFICATION CLAUSE
PROVIDER shall indemnify and save harmless and defend COUNTY, its
agents , servants and employees from and against any claim, demand
or cause of action of whatsoever kin6 nr nature arisinq out of
error, omission, negligent acts, conduct or misconduct of
PROVIDER, its agents, servants or employees in the performance of
services under this Agreement.
ARTICLE XI
DESIGNATE➢ REPRESENTATIVES
The Contract Administrator for the COUNTY for this Agreement is
the Director. of the Public Services Department, or his designee.
The renresentat_ ive_ of the PRnVinRR rennnnaihle fnr the_
administration of the program under this Agreement is the
Director, Personnel and Community Development.
-7-
L�
ARTICLE XII
INSURANCE
If required by COUNTY, the responsibility for providing adequate
comprehensive general liability insurance shall be that of the
PROVIDER and shall be provided in the amount required by the
COUNTY at all times during the existence of the Agreement, and
the COUNTY shall be named additional insured.
ARTICLE XIII
AMENDMENTS; ASSIGNMENTS
13 .1 No modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless
contained in a written document executed with the same
formality and of equal dignity herewith.
13 .2 The PROVIDER shall not transfer or assign the performance
of services called for in the Agreement, without the prior
written consent of the COUNTY.
ARTICLE XIV
WAIVER OR BREACH
Waiver or breach of any provision of this Agreement shall not be
deemed to be a waiver of any other subsequent breach and shall
not be construed to be a modification of the terms of this
Agreement.
ARTICLE XV
RENEWAL
COUNTY shall have the option to renew this Agreement for an
additional one year term, at the same terms and conditions .
Notice of renewal shall be given to the PROVIDER in writing no
t ..4.... ♦1.n.. 41ni r4.• IIn% A yS 4...G...-n 4{.n cxpirati= of fho initial
term.
-S-
IN WITNESS WHEREOF , the parties hereto have made and
executed this Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Chairman, authorized to
execute same by Board action on the day of , 19
and PROVIDER, signing by and through its duly
authorized to execute same.
COUNTY
ATTEST: _ BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Deputy Administrator and
Ex-Officio Clerk of the Nicki Englander Grossman, Chairman
Board of County Commissioners
of Broward County, Florida
Approved as to form and legality
by Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR.
,. County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
By
PROVIDER
Agency Name
Type Name Title
(Secretary, Board of Directors)
day of , 19
(CORPORATE SEAL)
-9-
IIJ„
EXHIBIT A
I. Scope of Service: (Reference Article I )
The PROVIDER agrees to provide a variety of structure
supervised after school activities which will focus on
enhancing and increasing academic and life skills and
various recreational activities .
II. Definition of Units of Service: "
a ) A unit of service is defined as an hour of after school
_care. for, .an_eligible child in grades K-5 and his/her
siblings if enrolled and in attendance in a Pre-K oroaram
at the same school.
b) Subject to the deductions provided for in subsection
(c) below, the COUNTY agrees to reimburse the PROVIDER for
each unit of service during TERM OF SERVICE set forth in
Article III of this Agreement, at a cost not to exceed
$1.00 per unit. No monthly payment will exceed one tenth
the amount of this Agreement or $2,480.
c) In the event PROVIDER collects any fee or collects any
reimbursement from a third party for services provided
under this Agreement, PROVIDER shall keep accurate and
complete records of all such fees collected and report
such collection to COUNTY; anal the amounts collected shall
be deducted from COUNTY's reimbursement to PROVIDER.
III. Monthly Invoices: (Reference Funding and Method of
Payment ARTICLE II )
IV. Client Case Files:
The PROVIDER agrees to maintain updated case files on all
clients. Files shall include, but not be limited to:
name, date of birth, entry date, statement verifyinq
client eligibility for service, exit date and exit time.
-10-
EXHIBIT B, PAGE 1
The Board of Directors of
Agency Name
meeting on ,
Date
by motion and vote, duly record in the minutes thereof ,
Year
did authorize and
Name and Title
to sign monthly invoices
Name and Title
and certification statements as required by the contract
Year
between Broward County and
Name of Agency
Signature
Secretary, Board of Directors
(SEAL)
-11-
J
EXHIBIT B , PAGE 2
Appearing below are samples of signatures authorized by the Board
of Directors of
Agency
as required by Broward County .
Signature Signature
Type Name Type Name
STATE OF FLORIDA
COUNTY OF
+ Before me personally appeared
Name
and
Name
to me well known and known to me to
be the person described in and who
executed the foregoing instrument, and
acknowledged to and before me that
Name
and
Name
cvnrnhari caiA in_ctrnmant fnr_ t_ha_
purposes therein expressed .
WITNESS my hand and official seal ,
this day of , A.D. , 19_
(NOTARY SEAL)
Notary Public
State of Florida
-12-
-J
F
EXHIBIT-C (PAGE 1)-
-
m 4 I 11 N > m Y
9 q
.1 m 11 n II e 4 AG C.+ N`19 J
u .0 rFi
C 0
] m I
y L I Y q 11 n 'n m •u.~.1 u ryj..N !. .
c C U 1 1 •q•I Np I(� II M .n -Cc N u I>a l�F
U E L j 60 = II X X. m Yu q m
OgyCyLm
m C I U tl A X 4'O 411 9 u u
LI U I II X n 0 C •
q X N
C 4jrn -. II > tl II 7 ?I LY7 q ]
It mctJ 0
4 yeti 091 II Y X If C � UOYW'O
m�
N •glm 1
It M q II q m I ] 4 11 N W u 4 7 1 J ] 0
„0N`n II Lm m II •Ur•N X " 4 m 31 .��m dMqmLm zS
\ n m 0 4 w > 1
wa li � d efi 11 0 n li am Ym..�i=.. a
•'�� II Y m S m It F tl " "� YW.1q to >I
gZ c.m -._. _ _C It. n II m e q p m > F,
OWp II 04 � m __._. _ _ .. n 4 m L C m
U7 II =ye] ++ I II m m YW B m
II c m 11 8 1 " yy O m c
O F It _ - F a' _ _. . ___._ .___.__. _ X 0 m II n m W L 4 > O
]Z c II I I m n I I c Ol III 4
IIL4 11 O
� II n F U Y c L Y
II c ] X
Y (/p
OR II q 11 O (� II p O c u 10 m euOL01
m ro N n nn0 74 toU.,
q 4 it y ti 11 mC N n < u q'O m•mi" pN
It L.1 ry NUm cLa 6n7
OVl 11 +. m It Fq 11 it MM o� 0 O cm m
mW 9 II 4 � 11 u X N IWiy 4 47 u m 4 >
o +1cimYm4
C "'1 II N N II X py0 �p W mmL4yy
m L m W 1 W c
W 4 II O u p � - -� m II •d 11 "
'0 ii mt cy ` uI! Fu �6 n n
H m Y Y p p
a n C - n F F II n
j 11 mz d9 -ON 0 II
11-- U 11
W II qr q 4 vl m II L ry "
II 7 L m
11 Y
W II 4 � 11 z 0 11 "
q ii ._ _. __ _.__ 9 m II m O ri " m
"a o ii a ii F n IT
O a n n
II O O
.y y m It m Y
Y II N •n q
"'1 y II II L m Y Y
U C n .pal N 4
H m m II M 11 I U Q
C 11 m
> O m TI II II 4 r
cc m II II 0 C d
W O d II ^ II Z
m II y I U q a
0
W 64 n p n x .`.11 q Il m >.
N 4 II 9 y Y y
� q m II _ _ ... _. - C II H ❑ A J
m II II ly 4
m It
W m z .0 .0 .0U E > II lul .w n 0 9 m 9 O
C II > > II m y p y
cc Z li (V y 31,
II N .. U 0 O 0
N II N _ N 11 D m U
Z a u y ii p O n F a .`+ z q j
N O u O u W
O C m II W y u
u 0 O m II C
U ❑ n U 7 C D V > > .0
L _)
EXIT IBIT C (PAGE 2)
• PUB L. RVICES DEPARTMENT / JUVENILE SERVICES
Instructions for Contracted Services Invoice Form !
1. Legal Name of agency under contract with Broward County.
2, Agency's Federal Identification Number.
3• Agency's Contract Number, as stated on page 1 of contract.
4. Name of Contracted Program, as stated on page 1 of contract.
5. Month and Year for reimbursement request.
6. Date the invoice was prepared.
7. Maximum Contract Dollar Amount, as stated in the contract.
8. (Scope of Service) As stated in Exhibit A-I of the contract.
9, (Unit of Service) As defined in Exhibit A-II of the contract under
Definition.
10. Total Units of Service actually delivered for invoice month• ursuantThe lto
of the contract and are not to include banked service s o o e d total units l unitslow ,per month, p
11. Actual Total Units of Service invoiced from execution of contract
through current invoiced ameune-•(do-not-•include--banked un Yts):
This
12 oSubtotal nly the billableement amount for units e of service actuallyst for invoice hd eliveredl,c note to
exceed monthly allowable amount and not to-exceed banked units.
frm
_ 13• executioneof contractlars fos throughUnitsocurrentc invoice. Doe note includeobanked
units.
14. Banked Units used for invoice month only.
15. Banked Units earned for invoice month only.
16. Year To Date used banked units (the cumulative of numbers in 14).
17. Balance of banked units available. Y
18. Banked reimbursement request for invoice month.
19. Fees collected for invoice month.
20. Total fees collected, from execution of c_o_nqact, xough_current
invoice.
21. Total units of service for invoice month (including banked units used
for invoice month) not to exceed total units allowed per month.
22 Total units ofde s ervice from execution
f contract through current
invoice
ed
23 and ldeReimbursmet ductioneof n fees gcollected, ifuest for vany),oice m not h to exceed(including banked
units
allowable amount).
24. Total cumulative dollars from execution of contract through current
invoice.
25. Legal name of agency under contract with Broward County.
26. Name of authorized signator, as stated in Exhibit B, Page 2 of contract.
27. Title of authorized signator.
28. Signature of person, as authorized in Exhibit B, Page 2 of contact.
29. Date invoice was signed by authorized signator.
fp7 M M M M '
N Ncli N
cc co 00
N N N N N
N N N W N N N N N Q7
O 41 tp J-J 1p Jj 'a 4j to 4.)
a N U N U N U N U N U
W N N N inN N U)
N r-1 N .� N r-1 ry r-I ri
r-1 .-1 r-1 N
ri ri
N e p C U s 0 e O s O
N U N U N U N U N U
M M M M
N W N W N W N U) N U)
ry w N W N W N r" N
N N N
p O O O O
ry r N N N N
QI OI O Cb OI
� r
cc co
r
Z O to to fD 0
r r
0 10 I!f of LO
O
u � r
el M M M M M
N N N N
b ^ r r r
VI
a p o o o 0
o
' u Of QI OI W Q1
N
u m co m ccO
a
P.
M
to so so to _ io
a Ln In
,.._.l Cc
e r
A\ m N E N E N E N E E
W N E
c ocl
y c c o V r o
G m` � Wco
aN
c x I - I->. I I� Im I le Im I I= Im I le Im
LU
w 4
Q 'M U. 0 O O o O
E J
r Y
O Z W b C U W (� C U W U
W
> > O
wC, C
La
U °a
I�` 0 9
0
i � d
m R m W
W m m W m a'
v r
ci b CD
!EE € E o
ca ' e Z e �O '
EXHIBIT D (PAGE 2)
PUBLIC SERVICES DEPARTMENT / JUVENILE SERVICES
Instructions for Calendar Documentation Form #
1. Invoice Month.
2. Invoice Year.
3. Location of Service .
4. Name of Client (or Confidential Code Number) or Participant.
5. Date-of Birth (if--Juvenile ) .
6. Date of Participant 's Entry into Contracted Program.
7. Exit Date of Participant (only if terminated or discharged ) .
_, . B. Initials of Authorized Signatot for Certification.
9. Each block represents a day of the month. Indicate days or hours, per
day , that services were rendered .
TM.
10. List fees collected .