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HomeMy WebLinkAboutR-2008-113 ASP TIME 4 Kids Program RESOLUTION NO. 2008-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, FOR ADMINISTRATION OF THE TIME-4-KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND THE 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of twenty-five thousand dollars ($25,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the T.I.M.E.4-Kids program is funded by grant in its entirety by the 21" Century Community Learning Centers (21" CCLC), Florida Department of Education in an amount equal to $339,000.00 for the 2007-08 after school program and 2008 summer program; and WHEREAS, After School Programs, Inc., a Florida non-profit corporation located in Deerfield Beach, Florida, has submitted a proposal to administer the grant for an amount equal to 10% of the approved expenses of the grant amount expended and to provide camp services from June 9, 2008 through August 8, 2008 in an amount not to exceed $40,000.00; and WHEREAS,the City of Dania Beach is required to provide snacks for the T.I.M.E.4-Kids summer campers, which cannot be paid for through grant funds, in the amount of$2,100.00; WHEREAS, the City of Dania Beach has decided to extend the T.I.M.E.4-Kids summer program for another two weeks at an estimated amount not to exceed$25,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the execution of an amendment to the existing agreement on behalf of the City with After School Programs, Inc., which Amendment to Agreement is attached as Exhibit "A" to this Resolution for an amount not to exceed $15,000.00; further, the City Commission approves the amount of $2,100.00 for summer campers' snacks. Section 2. That the Director of Finance is authorized to transfer $17,100.00 from the General Fund line item "Transfer to Grant Fund", and appropriate the budget in the Grant Fund accordingly and to expend $25,000.00 from the Law Enforcement Trust Fund. Section 3. That the City Manager and City Attorney are authorized to make revisions to such Amendment to Agreement as are deemed necessary and proper and in the best interest of the City. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect retroactive to June 9, 2008. PASSED and ADOPTED on June 24, 2008. OwpWARDs F' �1 AT EST. 1 R"t LOUISE STILSON, CMC 1 ALBERT C. JONE CITY CLERK MAYOR-COMMISSIONER .1>Fp Md' APPROVED AS Tot CORRECTNESS: BY: YHOY44 CITY A Y 2 RESOLUTION#2008-113 AMENDMENT TO THE CONTRACT FOR SERVICES BETWEEN THE CITY OF DANIA BEACH AND AFTER SCHOOL PROGRAMS, INC. This is an Amendment to a Contract for Services ("Amendment'), which Contract for Services ("Contract') exists between the City of Dania Beach, Florida ("City') and After School Programs, Inc., a Florida corporation ("ASP"). This Amendment is entered into and becomes retroactive to June 9, 2008, and it is an amendment to the existing Contract, which Contract is dated City and ASP wish to amend the Contract. In consideration of the mutual covenants, terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Paragraphs 1 and 2 are deleted and in their place they shall read as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of Part B of Title IV — 21" Century Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110 in which ASP is specifically designated by the city, during the Broward County School Year for 2007-2008 which commences on August 20, 2007 and ends on August 8, 2008. 1.2 ASP shall perform its duties for one hundred seventy-five (175) school days and forty-three (43) summer program days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (1") and fifteen (15`") days of each month for the preceding school days for the costs incurred to administer the TIME-4-KIDS program. Payment for costs is to be based upon the Program Budget as approved and amended by the CCLC. Any additional costs exclusive of the Program Budget must be approved in writing in advance by the City. Payment is due within fifteen(15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after more than twenty-one (21) days after the billing date. If payment is not received within thirty (30) days of its due date, the CITY shall be in default and ASP may terminate the contract. 2.2 ASP will bill an administrative charge of 10%of the approved expenses of the grant amount expended from the period of June 9, 2008 through August 8, 2008. 2. In all other respects, except as amended by this Amendment to the Contract, the Contract is ratified and reaffirmed and remains in full force and effect. 3 RESOLUTION#2008-113 IN WITNESS OF THE FOREGOING, the parties have executed this Amendment on the day and year first above written. CITY CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: BY: Louise Stilson, City Clerk Ivan Pato, City Manager APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Ansbro, City Attorney CONSULTANT: Signed, sealed and delivered AFTER SCHOOL PROGRAMS, INC., in the presence of a Florida corporation By: Signature Signature Print Name Print Name/Title Signature Print Name 4 RESOLUTION#2008-113 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008, by , as of After School Programs, Inc., a Florida corporation, on behalf of the corporation. Such person is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: 5 RESOLUTION#2008-113