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HomeMy WebLinkAboutR-2008-214 ASP TIME 4 KIDS 2008-09 RESOLUTION NO. 2008-214 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 ("ASP"). AND THE CITY OF DANIA BEACH IN CONNECTION WITH THE TIME-4-KIDS PROGRAM, AN AFTER SCHOOL PROGRAM AND THE 2009 SUMMER PROGRAM; SUCH AMENDMENT TO PROVIDE THAT ASP SHALL PROVIDE STAFFING TO COMPLY WITH THE REQUIREMENTS OF LAW AS ADMINISTERED BY THE 2151 CENTURY COMMUNITY LEARNING CENTERS OF THE FLORIDA DEPARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the T.I.M.E.4-KIDS program is funded by a grant in its entirety by the 2151 Century Community Learning Centers (21" CCLC), Florida Department of Education in an amount equal to $280,000.00 which may be adjusted in accordance with the Approved Program Budget by the Department of Education; 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 consistent with the grant award; and WHEREAS, ten (10%) of the administrative fee charged by the After School Programs Inc. and snacks ($2,000) provided to the children are not covered by the grant; 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 between the City and After School Programs, Inc., which amended Agreement is attached as Exhibit "A" to this Resolution, for an amount not to exceed $310,000.00, such amendment to provide that ASP shall provide staffing to comply with the requirements of law as administered by the 21s` Century Community Learning Centers of the Florida Department of Education. Section 2. That the proper City officials are authorized to execute the amendment to the Agreement, and the City Manager and City Attorney are authorized to make revisions to such Amendment as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the amendment to the agreement the Finance Director is authorized to appropriate the additional required funding of $30,000 from the Law Enforcement Trust Fund. 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 in effect retroactive to August 18, 2008. PASSED and ADOPTED on October 28, 2008. ATTEST: LOUISE STILSON, CMC AL ERT C. JONES CITY CLERK MAYOR- 01 MISSIONER Q�F�p'i FIRSP C/l r APPROVED AS TOMAN D CORRECTNES BY: - — TH MA J. A SBRO CITY ATTORNEY 2 RESOLUTION#2008-214 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 August 18, 2008, and it is an amendment to the existing Contract, which Contract is dated October 3, 2007, as it was amended on June 24,2008. City and ASP wish to further 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 2008-2009 which commences on August 18, 2008 and ends on August 7, 2009, which is the termination date of the Contract. 1.2 ASP shall perform its duties for two hundred and three (203) school days and forty-five (45)summer program days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (1") and fifteen (15a') 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 (pertinent copies of Program Budget pages are attached and they are incorporated by this reference). 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 August 18, 2008 through August 7, 2009. 3. In all other respects, except as amended by this Amendment and the June 24, 2008 Amendment to the Contract,the Contract is ratified and reaffirmed and remains in full force and effect. 3 RESOLUTION#2008-214 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 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: 4 RESOLUTION #2008-214