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HomeMy WebLinkAboutR-1991-017 w RESOLUTION N0. 17-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA RELATING TO ONE-TIME FUNDING FOR AFTER SCHOOL CARE; 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 Broward County and The City of Dania relating to one-time funding for after school care, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same . Smith, as Personnel Section 2. That Michael W. Director, and �i Mardis Holloway, as Recreation Coordinator, are hereby authorized i to sign monthly invoices and certification statements as required j by said agreement. Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption. March PASSED and ADOPTED this 13th day of Mar ' 1991 . �0 - CO �ISE�R­ ATTEST: / CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS : 414 C. 4�e�� FRANK C. ADLER, City Attorne 17-91 Resolution No. _ t A G R F, E M E N T between �t BROWARD COUNTY 1 Y and j CITY OF DANIA, FLORIDA rt � L Contract #091-5 I � AFTER SCHOOL CARE - ONE-TIME FUNDING -I- EXHIBIT "A" ry .' ii 1 y AGREEMENT between BROWARD COUNTY and CITY OF DANIA, FLORIDA i; This Agreement, entered into this day of 19 by and between BROWARD COUNTY, a political subdivision of '1' the State of Florida, hereinafter referred to as "COUNTY" ; yj AND r , 1 CITY OF DANIA, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "PROVIDER" . t; WHEREAS, this funding agreement will enable PROVIDER to provide structured supervised after school care services to eligible Broward County children residing in Dania in grades K-5 and his/her siblings if enrolled and in attendance in a Pre-K program with focus in tutorial, academic, cultural interaction and life skills, not otherwise funded by any other public and private funding source; and 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; and NOW, THEREFORE, the parties agree as follows: -2- a 4: I 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 reimbursable to the PROVIDER by the COUNTY under this Agreement shall be five thousand two hundred dollars ($ 5,200) for one-time program enhancement. 2.2 COUNTY agrees to reimburse for units actually delivered , correctly invoiced and documented at unit price specified in Exhibit A. Original invoice plus one copy are due on or before the fifteenth of the following month, beginning on the fifteenth of the first month following Agreement execution by COUNTY. COUNTY agrees to reimburse the PROVIDER on a monthly billing basis. No monthly bill shall exceed that amount obtained by dividing the maximum amount y payable under this agreement by the number of months set 'j forth in ARTICLE III of this Agreement, "TERM OF SERVICES" , 'j except for those agencies whose client flow varies with the u ; funding period and the COUNTY agrees to a monthly payment N � schedule as specified in the Activity/Payment Schedule in q, Exhibit A, attached hereto and made a part hereof. .•a:� In order to be deemed proper as defined in the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the COUNTY, attached hereto and incorporated herein. 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 Commissioners shall be submitted to COUNTY's Agreement Administrator for this Agreement. A letter from the City Commission setting forth the reason for the action must accompany the notarized copy. Both items must be submitted to COUNTY' s Agreement Administrator for this Agreement on or before the fifteenth of the following month. . All documentation required by this section shall be reported, maintained and presented upon forms prescribed by or approved by COUNTY Agreement Administrator. -3- i t Yi Invoices shall be submitted on Broward County Form #600-15 revised 1991 as shown in Exhibit C and calendar documentation shall be submitted on Broward County Form #600-16 bearing the appropriate fiscal year designation on its face as shown in Exhibit D attached and made a part hereof, or other such form pre-approved by the Agreement Administrator. 2.4 PROVIDER may choose to document units delivered in excess of contracted levels and not paid by any other source. 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 written justification for uneven service delivery is submitted and justification is not in violation of the requirements for delivery of services specified in Exhibit A. 2.5 Submission of accurate, timely documentation, and other requested information as required by COUNTY shall be considered a factor in evaluating future funding requests. 2.6 Invoices not acceptably submitted within forty-five (45) i days of the closing date of this Agreement shall not be k reimbursable. 4 2.7 PROVIDER shall provide signature authorization to COUNTY as shown in Exhibit B, pages one ( 1) and two ( 2) , attached sit hereto and made a part hereof. 2.8 PROVIDER represents to COUNTY that no other funds are used for services invoiced to the COUNTY constituting duplication of funding, including banked units and COUNTY has relied upon that representation. 2.9 PROVIDER shall keep accurate and complete records of any fee, reimbursement, or compensation of any kind, assessed against or collected from any client or other third party, for any service covered by this Agreement; shall report such fee, reimbursement or compensation to COUNTY on a monthly basis ; and shall deduct from its invoices to COUNTY all such fees, reimbursements, or compensation in excess of 100% of the actual cost of the unit of service as specified in Exhibit A. 2.10 In the event the PROVIDER receives funding, from a source other than the COUNTY, for the same services as covered by this Agreement, the PROVIDER shall keep similar records of such funding and services, as required under Section 2 . 3 of this Agreement, and shall make all such records available to COUNTY upon demand. -4- 1 ;' i p 4J 1 ` 2. 11 Reimbursements and notices shall be sent or given to the PROVIDER at the fo?,lowing address : City of Dania, Florida P.O. Box 1708 Dania, Florida 33044 ARTICLE III TERM OF SERVICE Services shall be provided under this Agreement from March 1, 1991 through September 30, 1991 . ARTICLE IV MONITORING The PROVIDER agrees: 4.1 To assign" g appropriate staff as necessary to attend meetings with COUNTY staff to assess the quality of service and make }` recommendations for improvement. 4.2 To maintain the confidentiality of client services in full accord with any Federal or State laws or regulations mandating such confidentiality and in full accord with any applicable professional standards of ethics requiring I confidentiality. q , 4 .3 To give access and make available to COUNTY representatives all records and data pertaining to the services which are funded by the COUNTY under this Agreement, provided, however, client case files shall not be accessible to the COUNTY to the extent such access is in violation of federal or state law, or professional standards of ethics . 4 .4 To give access and make available to COUNTY representatives records and data pertaining to services performed by the PROVIDER which are the same or similar to the services covered by this Agreement, to the extend that is necessary for the COUNTY to determine that such services are not duplicative of the services funded by the COUNTY, provided, however, client case files shall not be accessible to the COUNTY to the extent such access is in violation of federal or state law, or professional standards of ethics . 4 .5 That monitoring reports originated periodically by designated COUNTY staff and all the performance requirements of this Agreement and timeliness of requested information shall be considered a factor in evaluating future funding requests . -5- A a 4 .6 To give representatives of the COUNTY full access to PROVIDER's facilities for announced and unannounced site: visits for the purpose of observation of services and examination of all records =and data covered by this Agreement, provided, however, client services shall not be accessible to the COUNTY to the extent such access is in violation of federal or state law, or professional standards of ethics . 4.7 To provide the COUNTY at the mid point of the Term of Services set forth in Article III, and again within thirty ( 30) days of the close of that Term of Services, a progress report on the aspect of their agency 's activities specified in the Scope of Service set forth in Exhibit A, attached hereto and made a part hereof . 4 .8 To provide COUNTY Agreement Administrator with information to contact recipients of contractual services (legal guardians on behalf of young or mentally handicapped children) so that COUNTY staff may verify the provision of services. This section shall not apply to any services for 4 which federal or state law, or professional standards of ethics mandates client confidentiality. ARTICLE V TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated by either party upon thirty .� ( 30) days written notice. 5.2 COUNTY's Board of County Commissioners shall be the final authority as to the availability of funds and the allocation of available funds among social service providers. The COUNTY reserves the right to terminate the services covered by this Agreement in the event funds are unavailable. 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 this Agreement. 5.4 Termination, pursuant to Section 5. 2 or 5. 3 shall be upon no . less than twenty-four (24) hours notice, in writing, delivered by certified mail, or in person, to the address specified in Section 2. 9 . -6- i n ; 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 Agreement for a period of three (3 ) years after termination of the term of service specified in Section 2.9, or, if an audit has been initiated and audit findings have not been resolved at the­end of .those three ( 3) years, the records shall be retained until resolution of the audit findings. 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 COUNTY. Employee compensation, personnel policies, tax responsibilities, social security and health insurance, employee benefits, travel, per diem policies and li other similar administrative procedures applicable to services rendered under this Agreement shall be those of the PROVIDER. 'I ARTICLE VIII ' FINANCIAL STATEMENTS 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 623 of the Codification of Statements on Auditing Standards as promulgated by the American Institute of Certified Pubic 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. -7- t 8.4 The reporting period for the financial disclosure informatioCONTRACTOR'� de scribed The ninformattion 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. 8. 5 Late submission of the financial statement shall result in suspension of payment under this Agreement until the financial statement is received and accepted by COUNTY, and shall be a factor in evaluating future funding requests . Suspension of payment shall not excuse PROVIDER from continued delivery of services although COUNTY will not accept invoices until financial statements are received and accepted by COUNTY. ARTICLE IX MANAGEMENT LETTERS {, 9. 1 PROVIDER shall provide to COUNTY's Agreement Administrator ' for this Agreement an y and all from audited financial statements nwithinttentters(10) daysarising 1` receipt by PROVIDER. 9. 2 PROVIDER shall g 'i provide to COUNTY's Agreement Administrator for this Agreement the schedule of corrections developed in response to said management letter(s ) within thirty (30) Y II days of development . 9.3 PROVIDER shall provide to COUNTY's Agreement Administrator for this Agreement any compliance audits required by law within ninety (90) days after the close of each of the PROVIDER's fiscal years in which PROVIDER accounts for funds under this Agreement. i ARTICLE_ g EQUAL OPPORTUNITY FOR EMPLOYMENT AND SERVICES 10. 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, terms and conditions of employment and training, including apprenticeship. -8- 1 10.2 Decisions regarding client eligibility shall be made without regard to, or consideration of race, age, religion, color, gender, national origin, marital status, physical or mental handicap or other factors which cannot be lawfully or appropriately used as basis for service delivery. ARTICLE XI INDEMNIFICATION CLAUSE 11 .1 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 or negligent act of PROVIDER, its agents, servants or employees in the performance of services under this Agreement. 11 .2 PROVIDER further agrees to indemnify, save harmless and defend COUNTY, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever "S kind or nature arising out of any conduct or misconduct of the PROVIDER not included in paragraph 11 . 1 above, and for i which the COUNTY, its agents, servants or employees are alleged to be liable. Y ARTICLE XII J Y DESIGNATED REPRESENTATIVES r`. The Agreement Administrator for the COUNTY for this Agreement is the Director of Broward County's Public Services Department or designee. The representative of the PROVIDER responsible for the administration of the program under this Agreement is the IDirector, Personnel and Community Development. I ARTICLE XIII INSURANCE 13 .1 PROVIDER will maintain in force for term of this Agreement, comprehensive general liability in the minimum amount of three hundred thousand dollars ( $300,000.00) per occurrence combined single limit of bodily injury and property damage liability. Such policy will name Broward County Board of County Commissioners as additional insured. Further, the PROVIDER will maintain professional liability insurance in the minimum amount of three hundred thousand dollars ($300,000 .00 ) , subject to insurance market availability. Such policies as required will be evidenced to the COUNTY by certificate(s) of insurance which will reflect thirty (30 ) day prior written notice of cancellation and/or non renewal . -9- , i I 1 ' 4. \ 4 ARTICLE XIV AMENDMENTS, ASSIGNMENTS 14.1 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 herein. 14.2 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 XV 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 XVI y REPRESENTATIONS AND ACKNOWLEDGMENTS 3 !i j 16.1 PROVIDER acknowledges that: a) There have been no irregularities involving its management or employees that could have a material affect on PROVIDER's operations or stability . b) There are no violations or possible violations of laws or regulations the effects of which should be I considered. c) There are no material transactions that have not been properly recorded in the appropriate document(s) . ! d) Related party transactions and related amounts receivable or payable have been properly recorded or disclosed. 16.2 PROVIDER acknowledges that : a) In order to obtain execution of this Agreement by the Board of County Commissioners, PROVIDER's most recent audited financial statements, compliance audit as required by law, and management letter, if generated , must be provided to, and reviewed and accepted by COUNTY. -10- i l 7 w b) submission of audited financial statements, compliance audit as required by law and management letter(s) if generated to any Department, Division, Office or other entity of Broward County as a requirement for any transaction or agreement with that Department, Division, Office or other entity does not constitute compliance with the requirements of this Agreement insofar as submission of material to the Agreement Administrator for this Agreement is concerned. c) Information, guidance and technical assistance offered by COUNTY's Agreement Administrator for this Agreement, the Contract Monitor and any other staff, whether written or verbal , in no way constitutes a guarantee of execution of this Agreement by the Board of County Commissioners. d) Information guidance and technical assistance provided prior to contract execution at the Contract Workshop should not be relied upon as a basis for doing business, delivering service, expending financial resources or r expectation of reimbursement or receipt of payment. q w d� -11- n 6i IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement on the respective dates under each signature: COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, 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 BROWARD COUNTY, through its ATTEST: BOARD OF COUNTY COMMISSIONERS Deputy Administrator and Ex-Officio Clerk of the Lori Nance Parrish, Chair Board of County Commissioners of Broward County, Florida Approved as to form and legality by the Office of County Attorney Broward County, Florida " JOHN F. COPELAN, JR. ^. County Attorney Governmental Center, Suite 423 f' 115 South Andrews Avenue Fort Lauderdale, Florida 33301 i By PROVIDER City Name i Mayor APPROVED AS TO LEGAL FORM: City Manager City Clerk City Attorney (CITY SEAL) -12- 4J \ V EXHIBIT B, PAGE 2 Appearing below are samples oL signatures autliorized by Cho City Commission of as required by Broward County . Agency Signature Signature Type Name Type Name STATE OF FLORIDA COUNTY OF Before me personally appeared +1' Name 1' and 4 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 and I Executed said instrument for the purpose therein expressed. (NOTARY SEAL 69ITNESS my hand and official seal , this day of ,A.D. , 19 Notary Public State of Florida -14- t I a - � . g ® 7 { , e § ' t2257 kf | tCc ! . ; � � kA\/ § i § /! ! f ) { t § 2,! ; j-R o � § kfUf ] � \ | {/{) ( \ \ \ k \\ k� k / ) � 0 ) _ ) � E / f ( ) « 2@ ,6 § 2E § 20 02 l � 2 . ! © @ }_ § #/$ \ - _ » q f2 { k ) ( { Ew ! 20 f® " _ , � i ; kw < G LU k / a -- �. - `\ 075 } ! CL a \ ) e / ( Ik ! ) / fd - \ \ ` - ( # 5 - m _ ! En \ § . , R ) 6 & ) \ 2 ( § \ \ 2 S a ) . - E G » . I { o § G e & _ a 3 CM $ : » 0 < - ; < f & co < § ) / a • f 6 ) = I - ) / < i - - a w t6 a / / j , ) G § a l 4i 1 C ;tam ll l::; m:nnh l:l; 11'/(111 l.Itln:tl':: I'XIII It rI' c Innt Net Ion r. [nf Contra rl vd Servlcun Invnir,• 1'.mn pIi 111115 lrrvlrlrA 7/'lllll, - 1. legal name of agency under snot[a rt -Ilh Ilr rnr.u'A 1'uunty, 2. Agency's Federal Identiflcatt,n tlumipt!V. 1. Agency's eontrgct number an ntatcd un pmlu l nC: contract. ' 4. Name of contracted program as .r..t,ltnl on p,vin 1 oC centrart. S. Month and Year for relmbursement raquust, 6. Date the Invoice was prepared. 7. Maximum contract dollar amount an stated In tho cnntract. a. Monthly maximum contract dollar amnunt W1 stat,d In the contract. 9f (Scepo Of Service) As stated In Cxhibit A-I of tLu cnntract under • definition. 10, (unit of Service) As defined In Exhibit A-II uE he contract- undur definition. t It. Maximum unit, of services this month (,xtlaAn banked)• 7hn units of service are not to excr.•eA total units Alluwud per month, pursuant to the contract and not to Sncludo banked units. 12. Pnfmbursement In dollar, from 11. 7hln Inr,l uden ,ally the Lt1l ib Lr al lowablo for amount and units ofsnot ito Sncil.11 of ba nkvdxu Iftsl,of to ,xccr.d muulhty 1 ' ^ 12a. indicate amount of face collncterl for lnvolro month and 1nrlicat, by `e deducting from the tt anovnt. number of monthly unit, ,f ::c ry ice to equal the i12b. If deduction of face le bolo- monthly cap uao Lalancu of banked units. indicate In blank spec,, the number of units to equal the amount banked unit. take, from the balance of b A j 11, Banked units earned for invoice month only. 14. oankadjunite used for Invoice month only. 15, Year to data used unit, (the cumin at Iva oE .numb,rn In lA.). a 16. Balance of banked units available. . I 17. Danked reimbursement request in dollars foc Invnlco month. Ill. Year to data reimbursement In dollar,19. Total (Cho cumulative of dollars In 17). nontA)unit, served thin month (Including banked unite used for Invoice , not to exceed total units all,-,d ,or munlh. 20. Year to data total unit, of service from execution of contract through current Invoice (Inc ludo YTD used banked units), 21. Total reimbursement rsqueat,A for Invoice month, (incl(including honked units and dad uetlon of loos c,llecGed, if all not to o(inxcucA monthly allowable I anount. 32. Total cumulative dollars ra from exucetlml of cnntract through current • ' Invoice. 33. Legal name of agency undur contract -Ith Droward t•uunty. 24. Nano of authorized ntgnator as stated In 1:xhlblt 11, Palle 2 25. Title of authorlxad eignator.• of contract. i 26. Signature of person, as author ' iz,A !n Date Involta f:xhlblt 11' palls 2 of cent race. as 37. signed by .uthortzed 1:fgnator. 16 I I n 6� Ll 0 0 0 o O a) N N N N N c0 Ql co OD UD V N N cV N N N d N N N cnV N N Z N N N N N13 V L N U N O N W N N N N N C N N N N CIALL O O O p U N U N U N U N V N V O O V! J N lL N lL N U. N U. N {L C N N O N N N N O O O O O N Of Ol 0I QI QI co o c Ln iA N N to o p;.. a v J � ? c c c a c �3 o w V m m m m p E N 0 cli N 1~O- 3 N cc o O� a) F it m w W C O (n O O O O C L rn > V N Qf 1 N 'Z Z rn rn rn W , � R inft LL w m co r' w , o J n n n n n r � — CL _ g a LO L O '�R mum UU) N U)C C M CE E E N E N E U U U O a Z U U O `Q T f m m m d m v m Z W r � c .��- 2 Z• c 2' c w U W U w U w U M w U 0 cc • 0 t o t � o t O t o Z t - x x W m w co w m w m w m w E E E V IZ Z Z Z Z Cl 1 U 1 v IT- 1---- Public Service, T)rxirtment/Children' . Services Instructions for Calendar Documentation Form 1000-16 (Revised 7/90 1. Invoice month and year. 2 . Location of Service. 3 . Name of client (or confidential code number or Participant . 4 . Date of birth of client . 1 .r 5. Date of client ' . entry into ennlr:cctu(l program. 6. Exit date of client (only if terminated or discharged ) . y � 7 . Original initials of authorized signator for certification. 8. Each block represents a day of the month. Indicate days or hours, per day , that services were rendered (as Per Contractual Agreement - Exhibit A) . I 9 . Total units ( for the month) . 10. Fees collected ( for the month) . 11 . Grand total units (for the whole Page) . 12. Grand total fees collected ( for the whole page) . 18 t I