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HomeMy WebLinkAboutR-1988-059 5 N JS. "I RESOLUTION NO. 59-88 i A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN CITY OF DANIA AND BROWARD COUNTY REGARDING A GRANT FROM COMMUNITY DEVELOPMENT DIVISION OF BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Community Development Division 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 this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 8th day of NnvPmhpr _, 1988. MAYOR - COMM S IO FsR ATTEST: 'CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By :-;;" C. __ FRANK C. ADLER ,City Attorney i Resolution No. 59-88 3 i a a I, 1 7 i i i AGREEMENT between BROWARD COUNTY and THE CITY OF DANIA AGREEMENT between BROWARD COUNTY and THE CITY OF DANIA This Agreement, entered into this day of th 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 for hours not paid for by other sources. 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: -2- a 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 sixteen thousand, one hundred fifty dollars ($16,150) . 2.2 COUNTY agrees to reimburse for units actually delivered correctly invoiced and documented at 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." 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 presented upon such forms as may be required by COUNTY. 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 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 unit shortages will be made so long as justification for uneven service delivery is deemed acceptable by County 's Contract Administrator. -3- 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- a ARTICLE V TERMINATION OF AGREEMENT a 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- J 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 IN 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 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- L 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 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 f-)r the COIIj�TY for this Agreement is the Director of Public Services, 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- ARTICLE XII Y__�• 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 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 , authorized to execute same by Board action on the day of 1988 and PROVIDER, CITY OF DANIA, signing by and through its City Manager, Mayor and City Clerk, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Deputy Administrator and Ex- Officto Clerk of the Board of 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 Lauderdale, Florida 33301 By PROVIDER CITY OF DANIA, FLORIDA ATTEST: _. By : CITY MANAGER CITY CLERK - AUDITOR ,/.'� YMA OR - MM SST APPROVED /AS TO FORM AND CORRECTNESS By i GG✓� RANK C. ADLER, City Attorney -9- F � - EXHIBIT A I. Scope 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 unit of service is defined as an hour of after school care not paid for by another source. The COUNTY agrees to purchase 16,150 units of service during TERM OF SERVICE set forth in ARTICLE III of this Agreement, at a cost of $1 .00 per unit or 1 ,345.8333 units monthly for $1 ,345.8333 monthly. No monthly payment will exceed the amount arrived at by dividing the maximum amount payable under this Agreement by the number of months set forth in ARTICLE III of this Agreement, as "TERM OF SERVICES" . Units purchased by Broward County are not reimbursed by other sources. In residential placements, the COUNTY agrees to pay for the day of admission but not for day of departure if departure occurs before noon. III. Monthly Invoices: (Reference Funding and Method of Payment Article II. ) The PROVIDER shall include certification statement as provided in Article II, 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. -10- EXHIBIT B Page 1 The Board of Directors of Agency 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 Yea r �1 between Broward County and Name of Agency The foregoing instrument was acknowledged before me this through Date Name of Officer or Agent of Title Officer or Agent 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 of Directors of Agency as required by Broward County. Signature Signature Type Nam ! 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 ..F 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 A.D. 19 _ Notary Public State of Florida -12-