HomeMy WebLinkAboutR-2011-142 - After School Programs contract (Aug 2011-July 31, 2012) i
RESOLUTION NO. 2011-142
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION
KNOWN AS THE 21ST CENTURY COMMUNITY LEARNING CENTERS
("21ST CCLC") IN THE AMOUNT OF $271,265.00; AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH,
FLORIDA, IN AN AMOUNT NOT TO EXCEED $27,127.00 TO
ADMINISTER THE TIME-4-KIDS PROGRAM FOR THE 2011-2012 SCHOOL
YEAR, INCLUDING THE 2011/2012 SUMMER PROGRAMS; 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 a grant known as the 21 st
Century Community Learning Centers ("CCLC") from the Florida Department of Education in
an amount of Two Hundred Seventy-One Thousand Two Hundred Sixty-Five Dollars
($271,265.00) for the 2011-2012 T.I.M.E.4-Kids Program after school tutoring program,
including the 2011 and 2012 summer programs; 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 added cost
equal to 10% of the approved expenses of the grant amount expended from August 2011 through
July 31, 2012 in an amount not to exceed Twenty-Seven Thousand One Hundred Twenty-Seven
Dollars ($27,127.00);
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, authorizes
the proper City officials to execute the 21s' CCLC Application with the Florida Department of
Education which requires no matching City funds.
Section 2. That the proper City officials are authorized to execute an agreement on
behalf of the City with After School Programs, Inc., which Agreement is attached as Exhibit"A"
to this Resolution and made a part of it by this reference, for an amount not to exceed Twenty
Seven Thousand One Hundred Twenty- Seven Dollars($27,127.00).
Section 3. That the Finance Department is authorized to create and appropriate new
grant revenue and expenses accordingly in the City Grant Fund— Summer Program 2011/12 and
further provide for transfer of $27,127.00 from available General Fund Contingency into the
Recreation Department Administration-Contract Services account #001-72-01-572-31-10 to pay
for administration of the grant with After School Programs, Inc.
Section 4. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper and in the best interest of the
City.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on November 22, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
-s �r�r
APPROVED AS TO FO ND CORRECTNESS:
THOM S J. ANS/BR
CITY ATTORNEY
2 RESOLUTION#2011-142
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Exhibit "A"
CONTRACT FOR SERVICES
AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation ("ASP") with a
business address located at 1520 South Powerline Road, Deerfield Beach, Florida 33442, and
the City of Dania Beach, a Florida municipal corporation (the "CITY"), wish to enter into this
Contract for Services ("CONTRACT") dated , 2011.
WHEREAS, the CITY has entered into an AGREEMENT with the Florida Department
of Education 21 st Century Community Learning Center ("CCLC"), identified as the approved
2 1" CCLC grant application under the guidance of Part B of Title IV -21 St Century Community
Learning Centers No Child Left Behind Act(NCLB) of 2001 Public Law 107-110. A copy of the
AGREEMENT is attached as Exhibit A and incorporated by this reference ("AGREEMENT");
and
WHEREAS, CITY has requested ASP to supply staffing, supplies and services to
implement the T.I.M.E. 4 Kids 21 st CCLC Program at Collins Elementary School as identified in
the AGREEMENT;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
as set forth in this CONTRACT,the parties agree as follows:
1. OBLIGATIONS OF ASP
1.1 ASP shall supply the necessary staff and personnel to comply with the
requirements of the approved 21 St CCLC grant application awarded to the CITY in which ASP is
specifically designated by the City, during the Broward County School Year and for summer
camp which combined time period commenced on August 01, 2011 and ends on July 31, 2012;.
1.2 ASP shall provide academic enrichment and remedial education activities in the
areas of reading, math, and science, enrichment and recreational activities to a daily average of
eighty (80) kindergarten through fifth (K-5th) grade students for one hundred eighty (180)
afterschool days, which shall include an additional fifteen (15) non-school days. ASP shall
provide a summer camp program for one hundred (100) first through fifth (1st_51h) graders for
forty-four (44) summer days at Collins Elementary School.
1.3 ASP shall provide transportation as specified in Exhibit A (the AGREEMENT)
which is attached and incorporated by this reference.
1.4 ASP shall monitor program progress towards meeting approved goals and
objectives outlined in the AGREEMENT.
1.5 ASP will assist the City to develop all reports required by CCLC, the Florida
Department of Education, and the United States Federal Government.
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1.6 ASP will provide a progress report to the CITY detailing the activities
accomplished, that at a minimum shall include those items described as Project Deliverables
(Exhibit `B").. The reports and Deliverables are due to the City ten (10) days after the end of
each month of service.
1.7 ASP will prepare with each payment request a DOE 399 (Exhibit "C") form,
along the required Deliverables.
1.8 ASP agrees to assist the City at no cost in the preparation, collection, and
collection of documentation that may be required to meet financial and program audits that are
conducted by state and federal authorities in relation to expended grant funds under this
CONTRACT.
2. PAYMENT
2.1 The total amount of this CONTRACT is not to exceed $298,391.00. ASP will bill
the CITY on the tenth (loth) of each month for the preceding afterschool days for the cost
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 Florida Department of Education. Any
additional costs exclusive of the Program Budget and the administrative fee must be approved in
writing in advance by the CITY. Payment is due within thirty days (30) 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 in which no federal
funds will be used. 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.
3. OBLIGATIONS OF THE CITY
3.1 The CITY agrees to pay ASP promptly as set forth in the CONTRACT.
3.2 The CITY will oversee all services provided by ASP to ensure the terms of the
AGREEMENT are being implemented as approved and in compliance with applicable federal
and state laws, policies, and regulations.
4. DEFAULT
4.1 For other than monetary default by the CITY, in the event either party defaults in
the terms or provisions of this CONTRACT, the other party shall give the defaulting party ten
(10) days written notice of the default and an opportunity to cure the default within the ten (10)
day period. In the event the default is not so cured,the other party may terminate the Contract by
giving written notice to that effect.
4.2 In the event of default, the non-defaulting party may sue for damages. The
prevailing party shall be entitled to recover its attorney fees and costs. The CITY will not use
federal funds to pay for damages.
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4.3 CITY shall obtain approval of CCLC for the assignment of responsibility to ASP
as set forth in this Contract pursuant to the requirements of the AGREEMENT.
5. INSURANCE
5.1 The Contractor shall not commence work under this Agreement until Contractor
has obtained all insurance required by the City Risk Manager, and such insurance has been
approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to
commence work on any subcontract until the subcontractor has all of the insurance coverages
required of any subcontractor, and they have been approved by City. In addition, Contractor
shall be responsible for any policy deductibles and self-insured retentions.
5.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of
the coverages. They shall be filed with the City's Risk Manager within ten (10) days of the date
first above written. These Certificates shall contain a provision that coverages afforded under
these policies will not be canceled until at least thirty (30) days' prior written notice has been
given to the City. Policies for coverages shall be issued by companies authorized to do business
under the laws of the State of Florida and any such companies' financial ratings must be no less
than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best
Guide.
5.3 Coverages shall be in force until all work required to be performed under the terms
of this CONTRACT is satisfactorily completed as evidenced by the formal acceptance by the
City. In the event insurance certificates provided to City indicate that the insurance shall
terminate and lapse during the period of this Agreement, then in that event, the Contractor shall
furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like coverages for the balance of the period of the
CONTRACT and any extension of it is in effect. THE CONTRACTOR SHALL NOT
PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS
ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT, SUCH DELAY BEING
SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS CONTRACT.
6. MISCELLANEOUS
6.1 ASP and the CITY both agree to comply with their respective requirements as set
forth in the CONTRACT in order to comply with the terms of this CONTRACT.
6.2 Notices: All notices, requests, demands and other communications pertaining to this
CONTRACT shall be in writing and deemed duly given when delivered personally with a
receipt, when delivered by an overnight courier service with a signed receipt or mailed by
certified mail,return receipt requested,postage prepaid, addressed as follows:
To ASP: Alan Wolnek
After School Programs, Inc.
1520 S. Powerline Road
Deerfield Beach, Florida 33442
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Telephone: 954-596-9000
Fax: 954-596-9880
To CITY: Robert Baldwin, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone: 954-924-6800
Fax: 954-921-2604
Mark Bates, Finance Director
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone: 954-924-6800
Fax: 954-921-2604
Either party may change its address for notices by written notice to the other given pursuant to
this paragraph.
6.3 Prior Negotiations. This CONTRACT supersedes in all respects all prior and
contemporaneous oral and written negotiations, understandings and agreements between the
parties with respect to the subject matter of this CONTRACT. All prior and contemporaneous
negotiations, understandings and agreements are merged into this CONTRACT and superseded
by them.
6.4 Entire Agreement and Amendment. This CONTRACT and the Exhibits to this
CONTRACT set forth the entire understanding between the parties in connection with the
matters specified in this CONTRACT, there being no terms, conditions, warranties or
representations other than those contained, referenced or provided for in this CONTRACT.
Neither this CONTRACT nor any term or provision of it may be altered or amended in any
manner except by an instrument in writing signed by the parties.
6.5 Severability. If any term of this CONTRACT is held to be illegal or unenforceable
at law or in equity, the validity, legality and enforceability of the remaining provisions contained
in this CONTRACT shall not in any way be affected or impaired. Any illegal or unenforceable
term shall be deemed to be void and of no force and effect and invalid only to the minimum
extent necessary to bring such term within the provisions of any applicable law or laws and such
term, as so modified, and the balance of this CONTRACT shall then be fully enforceable.
6.6 Waiver. Unless otherwise specifically agreed in writing to the contrary: (i) the
failure of either party at any time to require performance by the other of any provision of this
CONTRACT shall not affect such party's right thereafter to enforce the same; (ii) no waiver by
either party of any default by the other shall be taken or held to be a waiver by such party of any
other preceding or subsequent default; and (iii) no extension of time granted by either party for
the performance of any obligation or act by the other shall be deemed to be an extension of time
for the performance of any other obligation or act under this CONTRACT.
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6.7 Number and Gender. Whenever the context so requires, words used in the singular
shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall
be construed to mean or include any other gender or genders.
6.8 Headings and Cross-references. The headings of this CONTRACT are included for
convenience of reference only, and shall in no way limit or affect the meaning or interpretation
of the specific provisions of this CONTRACT. All cross references to paragraphs shall mean the
paragraphs of this CONTRACT unless otherwise stated or clearly required by the context.
6.9 Counsel. Each party has been represented by its own counsel in connection with the
negotiation and preparation of this CONTRACT and, consequently, each party waives the
application of any rule or law that would otherwise be applicable in connection with the
interpretation of this CONTRACT, including, but not limited to, any rule of law to the effect that
any provision of this CONTRACT shall be interpreted or construed against the party which
drafted that provision.
6.10 Choice of Laws; Venue. This CONTRACT is to be construed and governed by the
laws of the State of Florida, and venue shall be in Broward County, Florida.
6.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of and be
enforceable by the parties to it and their respective successors and assigns.
6.12 Counterparts. This CONTRACT may be signed in counterparts with the same effect as
if the signature on each counterpart were on the same instrument. Each of the counterparts, when
signed shall be deemed to be one and the same instrument. A legible facsimile copy of this
CONTRACT as executed shall be considered as an original.
6.13 Effective Date. This CONTRACT will be effective upon its complete execution.
6.14 Suspension and Debarment. The City has verified through the Excluded Parties List
System (www.epls.gov) that ASP is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from transactions with a federal department or
agency.
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IN WITNESS OF THE FOREGOING, the parties have caused this Contract to be executed by
their duly authorized officers.
CITY OF DANIA BEACH, FLORIDA
a Florida municipal corporation
Robert Baldwin, City Manager
ATTEST: Date:
Louise Stilson, CMC
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Thomas J. Ansbro
City Attorney
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AFTER SCHOOL PROGRAMS,INC.,
a Florida non-profit corporation
Alan Wolnek, President
Date:
WITNESSES:
Sign
ature
PRINT Name
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF
BEFORE me on , 2011, personally appeared , as
of After Schools Program, Inc., a Florida non-profit corporation, who
acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it, and
that the instrument is the act and deed of the Contract. Such person is personally known to me or
produced as identification.
NOTARY PUBLIC
State of Florida
My Commission Expires:
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