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HomeMy WebLinkAboutR-1989-002 5 1 i J RESOLUTION NO. 02-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN CITY OF DANIA AND BROWARD COUNTY REGARDING A GRANT FROM PUBLIC SERVICES DEPARTMENT OF BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. i,I BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain agreement between the City of Dania and Broward County, Florida , regarding a grant from Public Services Department of Broward County, a copy of which is annexed 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. PASSED and ADOPTED on this 10thday of January 1989. '..J& IRA-YOR OM S I O ATTEST: / �`l� ` CITY CLERK - AUDITOR APPROVED AS TO FFOORMMAND CORRECTNESS By 7&J `: d4&, � Ff�A K C. ADLER, City Attorney Resolution No. 02-39 J i J i AGREEMENT between AN BROWARD COUNTY and THE CITY OF DANIA I 1� AGREEMENT between BROWARD COUNTY and THE CITY OF DANIA his Agreement, entered into this ve day ofL� , 190 , by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" ; AND THE CITY OF DANIA, herein 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, and determined to be a county and public purpose by the Board of County Commissioners of COUNTY; NOW, THEREFORE, the parties agree as follows : 21 Initial ed By Dated -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 „l The maximum amount payable by the COUNTY under this Agreement shall be sixteen thousand, one hundred fifty dollars ($16,150) . 2 .2 COUNTY agrees to reimburse for services actually delivered correctly invoiced, computed and documented as 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 one twelfth ( 1/12 ) the amount of this Agreement. 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. All documentation required by this Section shall be reported, maintained and L presented upon such forms as may be required by COUNTY. b•Yr 2 .4 PROVIDER may choose to document units delivered in excess of contracted levels. Service so documented may be used to augment subsequent months ' billings when service levels are lower than contracted amounts . Written justification for failing to deliver contracted service levels must be submitted with billing whenever this deficit occurs. Adjustments enabling PROVIDER to collect maximum monthly payment(s ) for the month(s ) showing service shortages may be made if, in the County 's Contract Administrator 's discretion, written justification for uneven service delivery is deemed acceptable. Initi I1ed By Dated I -3- I 2 . 5 Invoices not acceptably submitted within forty-five (45) days of the closing date of this Agreement shall not be reimbursable. 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 documentation, as required by COUNTY shall be considered a factor in evaluating future funding requests. Invoices 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. 2.8 Name and address of the official payee to whom payment shall be made: The City of Dania P.O. Box 1708 Dania, FL 33044 ARTICLE III TERMS OF SERVICE 3 . 1 Services shall be provided under this contract from October 1 , 1988 through September 30, 1989. 3.2 Upon satisfactory completion, recommendation of the Contract Administrator and Provider Acceptance, the term of this contract may be renewed for additional one year periods. ARTICLE IV MONITORING 4 .1 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 assess 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 . -4- 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 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 . COUNTY shall be the final authority as to the availability of funds and how available funds will be allotted among its various providers. 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 provisions 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 shall be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail, or in person. The PROVIDER shall continue the performance of this Agreement to the extent not terminated under provisions of this clause. 5.5 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 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- 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 schedule 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 schedule shall show all revenues , by source and all off ' expenditures , to include the classification set forth in Exhibit "A" for each specific PROGRAM/PROJECT for which grant funds were provided. The schedule 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- ARTICLE IX EQUAL OPPORTUNITY FOR EMPLOYMENT OR 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 following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, training, 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 To the extent permitted by Florida general or special law, 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 kind or nature arising out of ..<P error, omission, negligent acts, conduct or misconduct of PROVIDER, its agents, servants or employees in the performance of services under this Agreement. ARTICLE XI DESIGNATED REPRESENTATIVES The Contract Administrator E-)r the COUNTY for this Agreement is the Director of Public Serv_ ces, or his designee. The representative of the PROVIDER responsible for the administration of the program under this Agreement is the Director, Personnel and Community Development. -7- I 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 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 later than thirty (30) days before the expiration of the initial term. -8- I 1 J 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 autho/ized to execute same by Board action on the day of 198F and PROVIDER, CITY OF DANIA, signing by and through its City Manag r, Mayor and City Clerk, duly authorized to execute same. COUNTY AT T: BROWARD COUNTY, through its BOARD OF C j NTY COf M(9SIONERS e Adminis ra or nd x- ✓ { �/ �(G( �(/ Officio Clerk of the Board of L Lru/Gci County Commissioners of Broward County, Florida Approved as to form and legality by Office of General Counsel Broward County, Florida 33301 SUSAN F. DELEGAL General Counsel Governmental Center, Suite 432 115 South Andrews Aenue Fort uderdale, Florida 33301 Y �•y PRO 4'DER ATTEST ( CITY OF DANI FLORIDA �f/ L By CITY M NAGER Z TY CLERK - AUDITOR M%1YOR - OMfdTSSI©ZI ER APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, City Attorney -9- EXHIBIT A I. Scone of Service: (Reference Article 1 ) The PROVIDER agrees to provide a variety of structured 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 . 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 twelfth ( 1/12) the amount of this Agreement , or $1 ,345.8333. 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; and the amounts collected shall be deducted from COUNTY's reimbursement to PROVIDER. III . Monthly Invoices: (Reference Funding and Method of Payment Article II . ) 1b..� The PROVIDER shall include certification statement as provided in Article ?I , Section 2 . 3 . 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 verifying client eligibility for service, exit date and exit time . Initial ed By Dated -10- EXHIBIT B Page 1 Citv Commissioners The of the CITY OF DANIA, Florida Agency meeting on January 10 , , Date 1989 , by motion and vote, duly record in the minutes thereof , Year did authorize MICHAEL W. SMITH, Dir. Personnel/Comm Dev. and Name and Title MARDIE HOLLOWAY, Recreation Coordinator to sign monthly invoices Name and Title and certification statements as required by the 1988/89 contract Yea r between Broward County and CITY OF DANIA Name of Agency The foregoing instrument was acknowledged before me this through Date Name of Officer or Agent . Title Officer or Agent of Name of corporation Acknowledging .a not-for-profit Florida Corporation, on behalf of the corporation . Signature of Person Taking Acknowledgment Title or rank SEAL - 11- EXHIBIT B Page 2 Appearing below are samples of signatures authorized by the Board oCCitjy Commissioners xothe CITY OF DANIA, Florida Agency as �eI/ fired by/Broward County . ,/ ��'C"'-'� Signature Signature MICHAEL SMITH MARDIE HOLLOWAY Type Name Type Name STATE OF FLORIDA COUNTY OF BROWARD 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 NOTARY SEAL acknowledged to and before me that Name and Name executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of 19 Notary Public State of Florida -12- RESOLUTION NO. 02-69 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN CITY OF DANIA AND UROWARD COUNTY REGARDING A GRANT FROM PUBLIC - - SERVICES DEPARTMENT OF BROYlARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain agreement between the City of Dania and Broward County, Florida, regarding a grant from Public Services Department of Broward County, a copy of which is annexed hereto and made a part hereof as Exhibit "A", be and the same is ' y hereby approved and the appropriate city officials are directed to TA 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. PASSED and ADOPTED on this 10thday of _ January , 1969. �htAY R - 1COMMISSI01,15"R ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FFORIII AND/CORRECTNESS By- P - FRANK C. ADLER, City Attorney Resolution No. 02-39