HomeMy WebLinkAboutR-1996-066RESOLUTION NO. 66-96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF DANIA FOR SUMMER CAMP
PROGRAM (CONTRACT #096-113); PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWTH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
upon its passage and adoption.
PASSED AND ADOPTED THIS rd DAY F ly, 19
R-COMMISSIONER
ATTEST:
CITY CLERK ITOR
APPROVED AS TO FORM AND CORRECTNESS:
C^*e'a'ao-'
CITY ATTORNEY RESOLUTION NO. 66-96
BE IT RESOLVED BY THE GITY COMMISSION OF THE CITY OF DANIA,
FLORIDA;
Section 1. That that certain Agreement between Broward County and the City Of
Dania approving the Summer Camp Program (Contract #096-1 13), 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 hereby directed to execute same.
Section 2. . That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
Section 3, . That this resolution shall be in force and take effect immediately
AGREEIT{ENT
Between
BROWARD COUNTY
and
CITY OF DANIA. FLORIDA
Contract #096-L13
Sunmer Camp Proqran
EXH IBIT "A''
AGREEIT{ENE
Betrreen
BROWARD COUT{TY
and
CITY OF DANTA. FLORIDA
ThIs Agreenent, entered into this _ day of _,19-----,.by and between BRorTARD cornrrr,I-po-ritieai GfTIlion orthe state of Florida, hereinafter referrei to as rcoffii;-
and
CI T OT DANHFlorida, lts|IPN,OVITDERi.
, FroRrDA,
succesS0r a nunicipaland assigns,corporationhereinafter of the Statereferred to of
as
ryEREA , this Agreenent will enable PROIIIDR to provideapproxiuately 12o scholarshlps for clrildren to atG;d s-unier aaycanp for I week6 t and
- _ I{HEREAS, funding given todeclared to aerv€ a -corinty anaCounty Conmiasloners of ct)IDfTy,
PROIIIDER havepulrlic purpose been found andby the Board of
NOW, TIIEREroRX, the parties agree as follows:
2CIEY OF DANIA
'095-113
rY ls6
1.1
2.1
3.1
3.2
3.3
ARTICLE I
TERU OF SERVICES
Services shall be provided under thls Agreenent from ,June L,1996 through Augrust 31, 1996.
ARTICLE II
SCOPE OT SERVICES
PRO\/IIDER agrees to provide the services set forth in ExhibitE, scope of Services.
ARTICLE IIT
FI'NDING AND T,IETHOD OF PAYI{ENT
The naximum at[ount payable by COU}fTC under this Agreenentshall be ten thousand five hundred dollars (S1o,5oo):
PRovtDER will submit paid invoLcesreinbursement.to @IrrTr for
oolrllfY a(free6 to reinburse properly subnitted invoices pald byPRO|IIDER as specified in Exhibit E, Scope of Seivices.Invoices are due on or before the fifteenth of the followlngEonth, beginning on the fifteenth of the first ruonth followingcontract execution by Colrffff . COUilTf agrees to relnburse the
PRO\rrDER on a nonthly billing basis.
In order to be deened proper as defined by the Florida pronpt
Palment Act, aIl invoices nust conply with the reguirernenlsset forth in this AgreeDent and rust be su.bloitted using theforn, prescribed by @InnHf, in Exhibit F, Cost RelobursinentInvoice. Invoices arra/or docunentatlon returned to provlderfor corrections shall be cau6e for delay in recLipt ofreirnbursenent. @Ullrr Ehall pay PKTIrIDER wittrin thtrti (30)calendar - days of receipt of pROIItDB,r s properly submittedlnvolce ln accordance with the proviaions of Cdrl*ff , a pronpt
Palment ordinance 89-49.
3CITY OF DANIA
'096.113
rY ]SE
3.4
3.6
3.'1
llonthly invoices subnitted by PRO.!i1IDER shall include acertification statement signed by an authorized person asreferenced in Exhibit A,- Authorized Invoice signators,attached hereto and made a part hereof, that each- clientserved by PRoWDER is eligible under this Agreenent.
Invoices.not acceptably subnitted within fifteen (15) days ofthe closing date of this Agreenent shall not be reinbrirsedunless an extension has be€n granted by the ContractAdainistrator. submission of accurite, tiuef documentation,and other requeated inforuation as required 6y COmUf nay beconsidered a factor in evaluating future tuiaing r"q,reits.fnvoices and,/or documentati.on ieturrred to PRoWDER forcorrections shall not be considered as subnitted -
PRO\,:[DER shall provide signature authorization to CtUIfry asshown in Exhibits A, Autho;ized Invoice Sigmators and ExhibitB, Certificatlon of Enpowernent, attached- hereto and nade apart hereof. Should it becoue necessary for PROqIDER toreplace. signatures, a notarized copy oi the authorizingresolution as passed by PRO\IIDER, s City Council or Trusteesshall be subnitted to Contract Adninistrator, along withreplacenent E5fiibits A, Authorized Invoice Signatois andExhibit B, CertLfication of B[powernent, avaflabJ.€ fronContract Administrator. A lettef fron the City Council orTrustees setting forth the rea8on for the -action nustaccoupany the notarized copy. Both ltene aust be subuitted toContract Adolnistrator on or before the fifteenth of the uonthfollowing replacenent of Sigmatora.
PROVIDR represents to COt ilTy that no other rej.nbursement isavailable or used for invoiced services and COInfTf has reliedupon that repreEerrtation. pRO\r:tDER shal1 bi1l and pursuecollection of third party, t{edJ.caid, and client pa}nents
!$r,":q applicable) for services rendered under this ngielnent.PRoVfDER,BhaIl keep accurate and conplete records oi any feecollected, reimbureement, or conpensatJ.on of any kind recilvedfron. any client, uedicaid, or other thira ptrty, for anyservice covered by this Agreenent, and shall uake all suchrecords avaiLable to the @IrIypI upon deDand. PRO\rIDR shallI:tglt such fee, reinbursenent, compensatj.on or funding toCtUilfI for such palmenta received. fhis reinbursement nay Uededucted froD PROVIDR,a invoices. See Exhibit F, dostReinbursenent fnvoice.
4cIrY OF DAIirrA #096-113 trY llEE
3.5
3.8
3.9 Nane, address and Federal I.D.palment shaII be nade:
A11 equipnent purchased pursuant to this Agreement sha1l berePorted to tbe COIIXTI on an equipnent regfort due with theinvoices ,as specified in Exhi;i-C--F; cost Relnbursenentrnvorce, Iisting ln detall the kind and type, serial nunber,cost, and any other data the Contract- - Administrator socesrgnates. No equipnent shall be disposed of without OOt ilTfapproval . In the ev€nt of the dis6olution, voluntary orinvoluntary. of pRovIDER, the tttie ina owrierebip of'all
Tl:rje?ldalle.property acquired wittr funds fron this igreenentsnaJ.r rDmediately be vested in @UltTI.
Clty of Dania, FLorida100 West Danl,a Beach Boul.evardDania, Florida 33OO2Federal f.D. 59-6000-302
of the official payee to whon
advise Contractln address and/or
3.11 It is pROVtDER,s
Adrolnistrator, intelephone nunber.
responsibility towriting, of changes
ARTTCLE TV
RENEIIAI
PROWDER understands and acknowledges that, although itsperfornance under this AgreeEent wiri ue a factor consideredby the ooUI{Tf in evaluating future funating ."que=G,--cUDEyfunding. under this Agreeuent relate' excfuitveiy ttl,h;-;;r,of service specified in ARTTCLE r herein and that the cot]}rrr,by_ entering into this Agreenent with the pRO\rItDER, ass t'nes nooDJ.lgat,Ion rhatsoever with respact to further or futurefunding to this PRO\IIDER.
ARTICLE V
I,TONITORII{G. REOUIRED RECORDS AND REPORTS
HOT|ITC'R.ITIG:
a. To .assigxl ..gppropriate staff as necessary to attendneetings wlth_OOt fTf staff to assess qualitf of servicl,service deliva-ry €ystems, cooralla€ion 6f ""rrri""=,consuner satisfactioni records rnaintenance and fundingnaxinization and to discuss any resultingreconmendations.
5.1
5crTy oF DANIA
'095-113 RT E6
b To provide fu1I access at adninistrative and servicedelivery sites to COITXTY, during aI1 announced andunannounced visits, for the purpose of exarnination ofrecords and data cover€d Uy Lfril Agreenent as well asobservation of service delivery anl consuner/pROWDERstaff interaction. CtUXTy and -pROVfDm shall naintainthe confidentiality of client services and records inful1 accordance with any Federal and State lahrs orFederal . regulations nandating such confidentiality.Access to service delivery an-d interactlve situatioi:sneed not be made avallablt, however, when said accesswould violate federaL or State law or conprouriseeffective service delivery or consuner confidentiality.
To Dake a1l records pertaining to reinbursernentsrequested subject at aI1 tines tb inspection, reviewand,/or audlt by COUllfy, provided Federal and State Larrsor Federal regulations requiring confidentiality are notvlolated.
That |trecords pertaining to reinbursements requestedri asreferenced in the foregoing section shall include but notbe liDited to: client file!i cacie and,/or progress notesiindividual treatnent plans; individual case managenentplans, residential occupancy logs, shelter -logsi
telephone logrs; service - delivery records includingtreatroent schedulesi purchase -records; accountin{records i professional credentials i consumer satisfactioisurveys i internal evaluation procedures; agency andproject records of goals - and oujectives' ;eatta innent,/acconpl ishnent .
Thul nonitoring reports originated periodicalty bydesignated @IJIwtr staf f ana all €fre pertoriancireguirements of this Aqreeuent and tin6liness ofrequested infornation shall be considered a factor inevaluating future funding requests,
d
c
e.
a Ul)on request by CtOt IfTf , in the event services similar oridentlcal to those for whlch @Uill:t reinburses ar.purchased and/or subsldized in nhole or in part byanoth_er -public or private funding source, a repoit stralibe subnitted, containing the eane 1evel' of iifornationconcerning these services as is reguired on invoices andsupporting docunentation for COIrlIPy. reinbursenent.
6CITY OF DANIA #096.113 rY IE
5.2 REPC'RIS:
5. 3 C'NIR REQUTRJEI{ETITS:
6.1
A. CLIENT FILE REQUIRETTEXTS
PROVIDER nust naintain I gaqe file, where appropriate, foreach client served through this ag-r-eznent. At r'ininum the filenust contain an imlediately """"t.ltL fact or intake sheetfron which the client,s. iane, d;l; of birth, .r,i--so.iarsecurity and/or case File ,rirrf-i - ,.y be determined orverified, as well as the dates and time-of program entiy anadischarge; record of services;.;;;9*i; provided or detiveredthrough this Agreenent whether air6ci'or subcontracted rdithtfe certification of dates UV appropii..t" pnovrpm staff. AILfile entries must be dated, f,idi-nE ana substantive and thefile must be current and 6onsistent in "t """oi"gi".fpresentation .
case nurBbers when used nust be used consistently throughoutthe fil,es in conjunction with ttre name, sociaL Sec'uriit;;7orcase FiLe nunber and date of birth wnlrr".r". trrat inf6rnationappears.
Details of sensitive or stigrnatized services nay be segregatedwithin the file, but they *:rr=C U" "f-"-"rfy dated and initialedso.that verification of iervice delivery nay be obtained iionthi! source if no other tire - sourc-e pr6vides ,"iii.i.r,tverification.
b. IRACKIIITG SYSTEIi REQI'IREHB}ITS
i.:?fi*:ff :IilFri#'?li"E.iBx,.'""":"1.J.H"=.ff lii"..tr".Xl
Progran-funded by cruxty. Trackingr -system sfraff lalntiryreason for referral and services d6livered. ff client wasreferred to another agency, file nust include the action taienby that agency as a result of the referral .
ARTICLE VI
TERMINATTOI OF AGREEMENT
Tl]=_1gI:"lent Day be.tenninated by either party or by cou rrror.convenience upon thirty (30) days written nolice t6 eitherparty.
7 rY tg6CTTY OF DANIA #096-113
6.2 Broward County's Board of Cornmissioners shall be the finalauthorlty as to the availabillty of fund6 and how availablefunds will be allotted anong its varioua providers. In theevent funds to finance tlre services set forth in Article fI
becom€ unavailable, the obligations of each party hereundernay be termLnated upon no lers than trrenty-four (24) hoursr,ritt€n notice to the other party.
6.3 If PROVIDBR fails to provide services called for by this
Agreement pithin the tine specified herein or any extensionthereof, or if mowDER fails to perforn any of the otherprovisions of thls Agreenent, COUl{rI nay, by written notice ofbreach to PROVIDER, terminate thi6 Agrreenent.
6.4 Terruination, pursuant to section 6.3, sha]I be upon no lessthan twenty-four (24) hours notice, in rriting, delivered bycertified nait with retuf,n receipt requested or in person wlthproof of deIlvery.
6,5 Whenever either party deslres to give notlce unto the other,it nust be glven by written notice, sent by registered UnitedStates nail , with return receipt requested, addressed to theparty f,or whon it is intended, in this case the deslgmatedA&nlnistrators as set forth in Article XMEsrcNAl[ED
REPRESENITATTVES AI'ID m,IpOWERtIEt{T of this Agrreement, at placeIast specifled. The place for glving notice sha1l reuain suchuntil lt sha1l lrave been changed by rritten notice inconpliance rrith the provisions of this paragraph. f'or thepresent the. folLoulng are designated aB the respective placesfor givlng of notic€, to wit:
roR courrY:
Bureau of Children,s ServicesChildren's Servlces SectionBrosard County Governncntal Center Annex115 South Andrews Avenue, Roon A-300trort Lauderdala, Florida 33301
FOR PROVIDER:
City of Dania, Florida
10O West Dania Beach BoulevardDania, Florlda 33oo4
cIrY or DAilIA #096-113 w )gtI
7.1
8.1
9.1
9.2
ARTICLE VII
RETENTION OF RECORDS
PROVTDER shal1 preserve and make available all financial
records, supporting docunents, statistical records, and any
other documlirt= p"itinent to this contract for a period- of
three (3) years aiter ternination of this Agreement i 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'
ARTICLE VITI
INDEPENDENT CONTRACTOR
PRoVIDER is an independent contractor under this Agreenent '
Services provided iry PRoWDER shall be by employees of
PRoVIDER a;d subject-to supervision by PRovTDm, and not as
officers, enploy6es, or ag6nts of Broward county'. Employee
"orp"n="iio., p&=ott "1 poiicies, tax responsibilities, social
secirity ancl'hLalth insu-rance, employee benefits, traveL, per
aien po-ticies and other sirnitai adninistrative procedures
ippfidalfe to services rendered under this Agreement shall be
those of PRovtDER.
ARTICLE IX
SUBCONTRACTING
PRoVIDER rnay not subcontract services v,ithout prior written
consent oe OOUIITI. Services provided by PRO\rIDER'S
sIlBcolTIBAefoRIi shall be subject to supervision . by !h'PRovfDER. Enployee compensatlon, personnel policies,- tax
responsibilitias,-social lecurity, health insurance, employee
benlfits, travei, P€r diem policies and other sinilar
iami.nistiative piocddures appflcabre to services rendered
under this agr6enent shall be those of the PROVIDER or
SI]B@XIRACIOR.
Authorization to deliver services through SUBC:o!|:I!RAC1IORS shall
not relieve PRo\rlrDER of ful] responsibility for all
requirenents, provisions and terns of this Agreement '
PRoVIDER shall require a1I sIrBcoNTRAeIoiRsi to conform with the
i"q"ii"r""i. "t ufii= Agreenent and aLl applicable. federaf and
st6te laws, rules, req[rlations, guidelines and standards '
PRoVIDER agrees to reinburse colrlffY any and all funds not used
i; -conptiance with this Agreement by PRoVIDER and
slrBcolllRAgrtRs.
9.4
9CITY OF DANIA #095-1].3 rY 15
9.3
LO .2
10.3
10.4
10.5
10.5
FINANCIAL STATEMENTS
10.1 The PROVIDER shall provide to COtnffY a specialindependent certified Public Accountant, or byinternal auditor on the eLements specified in
beIow.
report by anthe entity'sSection L0.3
If the special report is prepared by an independent CertifiedPublic Accountant, it sha11 be in accordance with generally
accepted auditing standards. If the speciaf report is
prepared by an internal auditor, it shalL be as nearly in
accordance with those standards as the status of the internalauditor pernits, realizing that the internal auditor may not
issue the opinions required therein.
The special report shall show aII revenues, by source and all
expenditures as set forth in Exhibit A for each specific
PRoGRAII/PRGfECI for which grant funds were provided' Thereport shall specifically disclose any funds received which
were not expended in accordance with the Agreenent (or with
any regulations incorporated by reference therein). It sha1lspecifically disclose the interest conputed as earned on thesefunds. It shal1 identify the total of noncornpliant
expenditures and interest earned as due back to the coUNfI.
PRovtDm agrees to reim.burse coIIIffY any or all funds not usedin conpliance with this Agreement by PRo\rltDER.
The reportinq period for the financial disclosure information
described in 10.1 and 10.2 above shall be the PRovTDER'sfiscal year. Etre infornation shall be filed with the colrllTYwithin ninety (90) days after the close of each of the
PROVIDER'S fiscal years in which the PRoVIDER accounts for
funds under this Agreenent.
Late submission of the special report shaI]' result in
suspension of payment under €his Agreenent until the report is
received and lccepted by colrxff , and shalI be a factor in
evaluating future funding requests. suspension of palaaent
shalI not excuse PRoVIDER fron continued delivery of services
although ooIrlITY will not accept invoices until such report is
received and accepted by COt NTY.
CITY OF DANIA #096-1].3 10 rY 19S'
ARTICLE X
b)
c)
10.7 PRoVIDER shaLl provide to Contract Adninistrator anycompliance audits required by Law within ninety (9o) daysafter the close of each of PROVIDER, s fiscal years in which
PROVIDm accounts for funds received fron COt l fY.
10.8 ff PROVIDER is unable to provide audited financial statenentsdue to the short history of the agency or its size and annualfinancial statements audited by a certified public Accountantare not available, PROVfDER sha1I provide to ContractAdrninistrator two (2) copies of the most recent Federal Foru
#990 subnitted to the Internal Revenue service or an oriqinal
and one (L) copy of PROVIDER's financial statenents containinga balance sheeti statements of support and revenuei expensesand changes in fund balances or similar titles, and astaternent of functionaL expenses in support of the project
funded by cot NTY acconpanied by a statenent signed by the
President of the Board and chief Financial officer, certifyingas to the accuracy of these statenents.
a) said statenents shall account for all nonies receivedfrom C:Ot t*fY via explicit disclosures and/or acconpanyingnotes to the statements.
said statenents shaLl be attached to the last invoice.
Late submlssion of said statenents accornpanied by thecertifying statement sha11 result in suspension ofpaynent under this Agreement until the requireddocumentation is received and/ or accepted by c-ot lf.fY.Suspension of palment shall not excuse PROVTDER froncontinued delivery of service, although COt ilTY will pay
no invoices during the suspension.
PROVIDER acknowledges submission of f inancial statementswith funding application or to any other Brolrard countyoffice or Division does not constitute conpliance withrequirenents to submit that naterial to the contractAdninistrator.
ARTICLE XI
EOUAL OPPORTUNITY FOR EMPLOYMENT OR SERVICES
d)
11.1 PROVIDER shal1 not discriminate against any enployee orapplicant for employroent because of race, age, religion,color, gender, national origin, narital status, physical or
nental" disability. PRoVIDER shal1 take affirEative action toinsure applicants are enployed and employees treated during
enployrnent without regard to race, d9€, religion, color,gender, national origrin, narital status, sexual orientation,physical or mental disability. such actions shall include,but not be linited to, the fotlowing: employnent, upgrading,
dernotion, transfer, recruitnent or recruitroent advertising,
CITY OF DANIA #095-113 11 rY lg
11.5
11.5
LI .2
11.3 PROVIDER shall conply rrith Title I and Title II of theAnericans with Disabilities Act regardingnondiscrinination on the basis of disability in
emplolment and in provj.ding state and local governmentservices, in the course of providinq any services fundedin whole or in part by Broward County.
layoff, tennination, rates of paY, other forms of
conpensation, terns and conditions of enployment, training,including apprenticeship, accessibility, reasonable
accornmodation oi other considerations arising from Title vIIof the Civil Rights Act of 1964, as anended i or the Americans!{ith Disabilities Act of 1990.
Decisions regarding client eJ-igibility shall be nadewithout regard to, or consideration of race, d9€,religion, color, gender, national origin, narital status,physical or rnental disability or other factor whichcannot be lawfully or appropriately used as basis forservice delivery, as specified under Title vI of thecivil Rights Act of 1964, as arnended i or the AmericansWith Disabilities Act of 1990.
11.4 PRoVIDER agrees to furnish Contract Administrator a copyof its Equal Employnent opportunity Policy andAffirmative Action Plan to be submitted with the firstinvoice.
In L993, .The Board of county Commissioners enacted an
ordinance updating the snal1 Disadvantaged Business EnterpriseAffirmative Action Progran (SDBEAAP), setting goals in all
oo[rllTY procurement activity at the following levels: one
Hundred and Fifty-Thousand (915o,ooo) Dollars or above in
construction activity; Seventy-Five Thousand (S75,ooo) Doflars
or above in totar contract varue for architecturar'/engineering
and related activity; Fifty Thousand ($5o,ooo) Dollars or
above in total contrlct valrie for all other activity. (This
Agreement does not have assigned SDBE gToals for theutilization of eligible ninority or women business
enterprises ) .
The coIrNTf and PRoVIDm agrree, however, that contractor and
vendor awards to Smal1 Disadvantaged Business Enterprises and
Minority-Ma jority Joint ventures are crucial to the
achievenent of COUIITY's SDBE participation objectives. In aneffort to assist CoUilTY in achieving its objectives for SDBE,
PRo\iltDm. agrees to take affirnative act'ion.
11.7 PRovIDER shall submit an SDBE affin0ative action plan with thefirst invoice, relating to its utilization of SDBE firns,where possible, as contractors, subcontractors,
vendors/suppliers. or as providers of professional services.
CITY OF DANIA #095-113 L2 TY Itr
L1.8 PRoVIDER understands that it is the responsibility of contractAdministrator and the office of sna11/uinority BusinessAffairs to nonitor compliance with the SDBEAAP.
ARTTCLE XTI
INDEI.{NIFTCATION CI"AUSE
ARTICLE XITI
DES IGNATED REPRESE}TTATIVES AND EIITPOWERMENT
1-3.L The Adninistrator for colrlflfY for this Agreement is theDirector of the Bureau of Children's Services, or desiqnee.
PRo\i:tDER's representative responsible for the administrationof the piograro under this Agreement is the
Title
13.2 The enpowered signator of this contract for PRo\i1IDER is the
Certif ication of Enpowerment,hereof.
as referenced in Exhibit B,
attached hereto and nade a Part
ARTICLE XIV
INST'RANCE
14.L PRoVIDER is a self-insured entity. Any and all claims arising
as a result of this Aglreement shal-l be processed through
PROVIDER ' S Risk Iilanagement Of f ice.
CITY OF DANIA #095-113 13 rY 1qt
Any PRoVIDER that is a municipal corporation agrees to be fuLly
responsible for its acts of negligence, or its agents acts of
negligence lrhen acting within the scope of their employnent or
agency, and agrees to b! liable for any damaqes resulting from saidnegligence. Nothing herein is intended to serve as a waiver of
sovereign innunity by any PROWDER to which sovereign immunity nay
be applicable. Nothing herein shall be construed as consent by a
municipal corporation to be sued by third parties in any matterarising out of any contract.
b)
c)
ARTTCLE XV
AMENDMENTS,. ASSIGNMENTS
15.1 No modification, arnendment or alteration in the terms or
conditions contai-ned herein shal1 be effective unlesscontained in a rdritten document executed with the sameformality and of equal dignity herewith.
15.2 PROVIDER shall not transfer or assignservices caLl,ed for in this Agreementwritten consent of COUXTY.
the performance of
without the Prior
ARTICLE XVI
WAIVER OR BREACH
16.1 Waiver or breach of any provj.sion of this Aqreement shall not
be deemed to be a waiver of any other subsequent breach andshall not be construed to be a nodification of the tenns ofthis Agreenent.
ARTTCLE XVII
REPRESENTATIONS AND ACKNOWLEDGE}IENTS
17.1 PROVIDER represents to Colnffy that:
a) There have been no irregularlties involving its
management or employees that could have a naterial effecton PRo\rlfDER's operations or stabillty.
The PRoVTDER has cornnitted no violations or possibleviolations of laws or regulations the effects of which
should be considered by ooIrNIfY prior to entering intothis contract.
There are no naterialproperly recorded indisclosed.
transacti,ons that have not beenthe appropriate docunent(s) or
d) Related party transactions and related arnounts receivableor payable have been properly recorded or disclosed.
17.2 PRoWDER acknowledges that:
Infornation, guidance and technical assistance offered by
contract Administrator, or any other staff, rrhether Irritten or
verbal , in no way constitutes a guarantee of execution of this
Agreenent by the Board of county Connissioners and should notbe relied upon as a basis for doing buslness, delivering
CITY OF DANIA #096-113 l4 rY IE
DRUG FREE WORKPLACE CERTIFICATION
lS.L PRoVIDER certifies by neans of Exhibit c, Drug Free Workplace,
pages 1 and 2 attachEd hereto and nade a part hereof ,. that it
wiif proviae a drug free workplace progran and continue to
nake i good faith lffort to maintain a drug free workplace
progran 1s set forth in the Drug Free workplace Act, Section
L72.0455, (Florida Statutes 1991) .
service, expending financiaL resources
reinbursernent or receipt of pa)rment.
or expectation of
ARTICLE XVIII
ARTICLE XIX
RENEGOTTATION19.1 The parties aqree to Gnegotiate this Agreement if revisions
"i "i,v appliJable taw, iegulation or -increase/decrease in
allocations Dake changes in this Aqreement necessary'
ARTICLE XX
GOVERNING I"AW AND VENUE
2o.1 This Agreement shall be governed, construed, and.controlled
accordfng to the laws of the state of Elorida' Any
"f"ir,oUj""tion or dispute arising out of the terms of this
Agreenen€ shall be litigateal in the Seventeenth Judicial Court
in and for Brolrard County, Florida.
ARTICLE XXI
SEVERABTLITY
21.1 Should any part, term or provision of this Agreemint be.by the
courts aeliaea to ue invitid, iIlegaI or in conflict with any
la!, of the state, the validity of the renaining portions or
provisions shaIl not be affected thereby.
CITY OF DATIA #096-113 15 FY ]g
IN WITNESS WHEREOF, the parties hereto have made and executedthis Agreement on the resp-ctive dates under each signature:
BROflARD C{)I,}lrf through its SbARD OF COT NTY COI,IMTSSTONERS, signing
by and through the County A&linistrator, authorized to execute same
by Board aciion on the
-
day of
-,
19- and
fnOvtOm., signing by and through its duly
authorized to execute same.
coulflfY
ATTEST:
witness
APPROVED AS TO LEGAL FORI{:
city Attorney
(crTY sEAt )
CITY OF DANIA #096-113
Approved as to forrn and legalitY
by office of county Attorney,
Bioward county, Florida
BROIIARD Cot,lffY, through its
BROWARD COUNTY ADII{INISTRATOR
JoHl{ J. coPEr,AN, JR.
county Attorney
Governmental center, Suite 423
115 south Andrews AvenueFort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-764L
ByAssistant countY Attorney
city Nane
l.!ayor
Print Name and Title
city uanager city clerk
19_
PROVIDER
-
day of
16 rY EE
county Administrator
day of
---,
L9-
EXHIBIT A
AIIIHORIZED INVOICE SIGNATORS
Appearing below are sanples of signatures authorized by the CityManager of _, to siqn invoices
Signature S i gnature
Type Nane & Title Type Nane & Title
STATE OF TTORIDA
COI]ilTY OF
The foregoing instrument was acknolrledged before
me this day of L9 _,
by (nane of person whose signature is being notarized)
and
(nane of person whose signature is being notarized)
known to me to be the persons described herein.
or who produced (type of identiflcation)
as identification, and who did/did not take an oath.
Notary
My connission expires:
crTy oF DANIA #096-113 L7 FY 1!5
BXIIIBIT B
cmTIFICATIoil oF EI.IPOWERI,IEIIT
I, , hereby certifY that:
Typewritten Nane and Office
L. I an duly authorized to sigrn this Aqreement between Brovrard
county .rU
by resolution of its City Council taking place on
Date of Council Resolution.
2 It{y signature on this Aqreenent on behalf of the aqency bindsit to the Tern and Scope of Services and all other conditions
appearing in this Agreement.
That ny nane, office and enpowernent to bind are a natter of
corporate record in the files of the Office of the Secretaryof State of Florida as required by Iaw.
AlI infornation supplied by the agency appearing in this
Agreenent or used in its development is accurate and true andI acknowledge that failure to supply accurate, truthful
Lnformation nay resutt in tennination of the Agreement.
3
4.
Slgmature
Nr-o-(Print or Type )
Titl (Print or Type )
Date
( SEAL )
witness Sigmatures
Nane (Print or Type )
signablre-
Name (Print or Type )
Da
CITY OF DANIA #096-113 18
Da
FY IE
sigmature-
EXHfBITC-page1
DRUG FREE WORKPI.ACE CERTTFICATIOI{
The undersigrned vendor hereby certifies that it will provide adrug-free workplace progran b:y:
(1) Publishing a statenent notifying its enployees that theunlarrful nanufacture, distribution, disienling,possession, or use of a controlled substance iiprohibited in the offeror,s workplace, and specifyingthe actions that will be taken alainsi enpfoiees io.'violations of such prohibition,.
(2) Establishing a continuing drug-free arrareness programto inforn its enployees ilout i
(r)
(ii)
The dangers of drug abuse in the workplace;
The. offerorrs policy of naintaining a drug-freerrorkplace i
Any.available drug counseling, rehabilitation, and enployeeasslstance prograns i and
The penalties that nay be irnposed upon employees fordrug abuse vioLations occurr-ing in Lne woikplace;
Giving alt .ernployees engaged in performance of thecontract a copy of the stiteruent- reguired bysubparagraph (1),
(iii)
(iv)
(3)
(4)
(s)
Notifying all enployees, in writingr, of the statenentrequired by subparagraph (1), that as a condition ofenplolment on a covered contract, the enployee shall:
(r)
(ii)
Abide by the terns of the statement i and
Notify the ernployer in writing of theenployee,s conviction under a crininal drugstatute for a violation occurring in theworkplace no later than 5 catendir days aftersuch conviction;
l{otifying Broward County governnent in writing within10- calendar days qfter receiving notice undersuMivision ( 4 ) ( ii ) above, frora an enployee orotherwise receiving actual notice of sirch- conviction.The notice shall include the position title of theeroployee i
l-9 Fy LsCITY OF DANIA #096-113
dal days after receiving notice under) ^ a conviction, takinq one of thens .rith respect to an employee who isdrug abuse violation occurring in the
ropriate personnel action against,yee, up to and includingni or
such employee to participaterily in a drug abuse assistance ortion program approved for suchy a federal , state, or 1ocalw enforcenent, or other appropriate
d
aith effort to naintain a drug-freeam through inplernentation of1) through (6).
( Vendor Signature )
(Print Vendor Nane)
lent was acknowledged before ne this
, 19-, by
;e sigmature is being notarized)
_of (nane of corporation/conpany )
r person described herein, or who produced
as identification, and who did/did:ion )
3 20 FY IX
EXIIIBIT DBoard of county Conmissioners, Broward county, Florida
SIIALL/MINORITY BUSINESS AFFAIRS
STiAT.L DISADVANTAGED BUSITESS ENTERPRISB PROGRA}I
PERFIORIIIAIICE REPC,RT
Reports of SDBE Participation Report No.
Contract Title and No. :
Prine Contractor Nane:
Contact P€rson:
Address:
Telephone No. :
Date:
Name of SDBE r.irn Type of
Work
AgreedPrice 8 of work
Completed
IotalPrice
Paid
CITY OF DANIA #096-113 2T
signature of Officer
rY 19S'
I
BXIIIBIT E. PAGE 1
Scope of Service: (Reference Article II, Page 3)
The PROVIDER agrees to provide approxinately 120scholarships for children to attend sunmer day camp from8:00 a.n. until 6:00 p.n. for eight (8) weeks.
outcorle ,1: A11 participants sha1l be provided with asafe environment and supervised activities while enrolted inthe progran.
outcone ,2: Participants in the sunmer camp prograra willdemonstrate a reduction in juvenile delinquency whileenrolled in the program.
These outcomes will be measured through client attendancesheets.
II. Definition of Servi.ce and Client Pooulation:
Clients wilt consist of children living in the City of Dania
whose parents have been determined to be unable to afford to
send their children to canp.
c.Client Case Files: The PROVIDBR agrees to maintainprofessi.onal standard updated case files on allclients. Fitres shaIl inctude, but not be linited to:
nane, date of birth, entry date, statenent verifyingclient eliqibility for service, dates of service, exitdate and tine, and fo1low-up results.
Assessment information, individual treatnent or case roanagenentplans and progress notes shalt be included in all case files fortherapeutic, residential , case nanagement, intervention, medicalor direct nursing servicee.
CITY OF DATIA #096.113 22 Fv Ls
IIf. Other Requirements for monitorino and evaluation:
A. Statistical Dernographic Records: The PRo\EDER agreesto naintain (if applicable) infornation on overalLclient denographics tshich includes age, gender, race,ethnic origin, parental uarital status, educationlevels and status. PRoVIDER agrees to track overaLlclient household ineome, other benefits received, t]rpesof services provided and satisfaction survey results.
B. Tracking Systen: The PRoyIDER agrees to naintain afornal Tracking System (if applicable) of all clientsreferred to and from program, identifying servicesreferred for, services received, unavailability ofserwices, and action taken by agency client lrasreferred to.
D. fnternal Documentation:
Daysr/hrs/sessions of day-care, afterschool care, orattendance in a day canp or sleep away caup.
Personnel files including hiring records, job descriptions,policies, and evaluation - procedrlres .
CLient file as required,. client registration form, healthform, i.mnunization record., energency contacts, and any otherpertinent inforroation
Parent satisfaction surveys.
CITY OF DANIA #095-113 23 FY ]!E
EXHIBfT F. PAGE 1 ( invoice )
insert here
CITY OF DANIA #096.113 24 rY l.5
EXIIIBIT F. PAGE 2
Eulan Senrices DeEEtlentr/Bureau of children's ServicesChildren's Serwices Sestion
Instructiona for Contracted Services Invoice -- Forn 6o9c-12
(cost Reinbursement contracts )
PROWDER IIUST SI'BT{IT A }IO}ITIILY BT'DGEI REPIORI REELECIIXG ACTUAL EXPEIIDITT'RES
TO lEB BI]DGEf,.
1. Legal nane/Iegal address of agency under contract with Broward County.
2. Agency's Federal Identification nuEber.
3. Agency's contract nuEber, as stated on title page of contract.
4. Nane of contracted program.
5. Funding category, i.e. continuingr, one-tine,/capital , one-tine natch,etc.
-_6. Uonth and year for reimbursement request on1y.
7. lIaxinun annual contract dolLar amount, as stated in the contract.
8. Total cost of services provided this nonth.
9. List any client fees, 3rd party or nedicaid reinbursements collectedfor services provided by this Agreement.
10. Total anount of reirnbursenent requested for the nonth listed in nunbersix (5) above.
11. Total of reinbursenent requests Y-T-D ( including this invoice).
L2. Comnents on utilization rate.
13. Certification: Legal nane of agency under contract with Broward
county.
L4. l{ame of authorized signator as stated in Exhibit B-1 of contract.
15. Title of authorized signator.
16. signature of person, as authorized in Exhibit B-1 of contract.
"^.L? . Date invoice was signed by authorized sigmator.
CITY OF DANIA #096-113 25 W1sfi
EIOIIBIT F. PAGE 3
LINE ITEXII BUDGET
Description
Personnel
ITCEAL:
Cost
s10. soo
s]'O,5OO
CITY OF DANIA ,096.113 26 FY ]S