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Contract No. 1572-1090 with The Children's Trust
FY 2014-2015 CONTRACT NO. 1572-1090 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI BEACH FOR OUT OF SCHOOL THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and City of Miami Beach hereafter "Provider" whose address is 1700 Convention Center Drive,4th Floor, Miami, Florida 33139. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2014 through July 31, 2015, subject to funding availability and Provider's performance. B. TERMS OF RENEWAL,if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to,the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance,fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re-negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 3 e.f 4 P- 1. Provider agrees to render services in accordance with the Scope of Services,Attachment A, hereafter "Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory.to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. 2.' The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for services in and for the benefit of Miami-Dade County residents. City of Miami Beach Page 1 of 81 Contract#1572-1090;Resolution#2014-64 D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $309,180.00, with a required match of $0. Provider agrees that should available funding to The Children's Trust be reduced, the amount payable under this Contract will be reduced at the sole option of The Children's Trust. Provider agrees to adhere to Attachment B of this Contract:Other Fiscal Requirements, Budget and Method of Payment. -E._.FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or rant from The Children's Trust or, unless such claim is denied b The Children's Trust from an other 9 - Y - Y e agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by, and currently available from, local and state funding sources for the same purpose. A violation of this section is a material breach of this Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 691-73.001, and is defined as individual items with a value of$1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in section K of this Contract. Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are Intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform all of the following: a) within 5 business days provide written notification to The Children's Trust Contract Manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust. City f Miami Beach Page 2 of 81 Y 9 Contract#1572-1090;Resolution#2014-64 4.Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 days of its execution. All sub-contracts with Provider must be executed within 90 days of Provider's execution date. All subcontractors must agree to be monitored by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. Provider shall be solely liable for any expenses or liabilities incurred under any subcontract. Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or actions related to any subcontract. The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any subcontractor must be currently qualified to conduct business in the State of Florida at the time that a subcontractor agreement is entered into and services are rendered. 5. Religious Purposes Providers and/or their faith-based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7.Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. 8. Compliance Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax returns to retain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the contract. Provider further agrees to provide agency and site(s) information to Switchboard of Miami 211, The Children's Trust 24 hour helpline. City of Miami Beach Page 3 of 81 Contract#1572-1090;Resolution#2014-64 F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Contract by Provider or its employees,agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings,and shall pay all costs,judgments,and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider- shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers,employees, agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. City of Miami Beach Page 4 of 81 Contract#1572-1090;Resolution#2014-64 I H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract if Provider through action.or omission causes any of the following: a. Fails to comply with Background Screening,as required under this Contract. b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; C. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract; g. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements; or, fails to submit, or submits incomplete or incorrect, detailed reports of requests for payment, expenditures or final expenditure reports; included, but not limited to budgets, invoices, and amendments in Services & Activities Management System (SAMIS). h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; M. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of.its agencies; n. Fails to maintain the confidentiality of client files,pursuant to Florida and federal laws; City of Miami Beach Page 5 of 81 Contract#1572-1090;Resolution#2014-64 o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract. P. Fails to submit an Annual Financial Statement Audit and a Program Specific Audit, as applicable, in accordance with Section O and Attachment D of this contract. q. Fails to submit an Audit Engagement Letter for both the Annual Financial Statement Audit and the Program Specific Audit within thirty (30) days after Provider's fiscal year end. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Contract, but Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension,which must be at least five business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and_specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that City of Miami Beach Page 6 of 81 Contract#1572-1090;Resolution#2014-64 The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Prior to, or on the date commencing the effective term of this Contract, Provider's insurance agent(s) shall provide to The Children's Trust the following, as applicable: 1) Certificates of Insurance naming The Children's Trust as an additional insured and the certificate holder on all applicable policies; and all applicable policies shall be maintained in full force and effect for the entire term of this Contract. Or, 2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as required by-Florida law for government entities. Failure by Provider to comply with Section K, shall be a material breach of this Contract. The Children's Trust will not disburse any funds under this contract until all required Certificates of Insurance, or letter(s) of self-insurance have been provided to and have been approved by The Children's Trust. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance covering all employees, non-incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have worker's compensation coverage or a valid State of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining Worker's Compensation insurance, the Provider must notify The City of Miami Beach Page 7 of 81 Contract#1572-1090;Resolution#2014-64 Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption.The employer's liability portion will be $500,000/$500,000/$500,000 as a minimum. 2. Comprehensive General Liability insurance, to include sexual molestation, in an amount not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless Provider can provide financial statements to support a higher deductible. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respects to this coverage. The general liability policy must contain coverage for the following: a. Bodily Injury; b. Property Damage; C. No exclusions for Abuse, Molestation or Corporal Punishment; d. No endorsement for premises only operations. 3. Automobile liability coverage for all owned and/or leased vehicles of Provider and non- owned coverage for their employees and/or sub-contractors and transportation companies transporting program participants. The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respects to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded program must list The Children's Trust as a certificate holder and as an additional insured. 4. Automobile liability coverage for all owned and/or leased vehicles of Provider and non- owned coverage for their employees and /or sub-contractors not transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with. respects to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. 5. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. City of Miami Beach Page 8 of 81 Contract#1572-1090;Resolution#2014-64 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. 7. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW V Avenue,8th Floor (Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,subject to the reasonable approval of The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date of making any material changes to the insurance coverage except for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, b The Children's Trust prior to an such decrease,waiver or modification. 9 Y P Y In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, City of Miami Beach Page 9 of 81 Contract#1572-1090;Resolution#2014-64 i limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust: ■ The Internal Revenue Service (IRS) tax status determination letter,if applicable;and ■ The most recent (two years) IRS form 990 or applicable tax return filing within six (6) months after Provider's fiscal year end or other appropriate filing period permitted by law;and ■ IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its President/CEO. It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under this Contract; mailing address, and/or telephone number. N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this contract, consistent with Florida laws. 1. Accounting Records Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). All such records will be retained by Provider for not less than five years beyond the last date that all applicable terms of this contract have been complied with, final payment has been received and appropriate audits have been submitted to and accepted by The Children's Trust. However, if any audit, claim, litigation, negotiation or other action involving this contract or modification hereto has commenced before the expiration of the retention period, then the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular retention period,whichever is later. City of Miami Beach Page 10 of 81 Contract#1572-1090;Resolution#2014-64 2. Financial Statement Audit Within 180 days of the close of its fiscal year, Provider's independent certified public accounting firm (CPA) must submit all of the following documents, electronically, to The Children's Trust, which together comprise an annual financial statement audit conducted in accordance with GAAP and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book).The required items are: a) An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation; and b) Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control Related Matters Identified in an Audit;" and c) Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance;" and d) Written communication encompassing the requirements of Government Auditing Standards, that includes an "Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards;" and e) A Single Audit conducted in accordance with OMB Circular A-133, Audit of States, Local Government and Non-Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97, if applicable;and f) A Management Letter; if no Management Letter is prepared by Provider's CPA firm, then the CPA firm must expressly confirm, in writing, that no Management Letter was issued. If Provider's annual financial statement audit is prepared by the Florida Auditor General, then the due date for submitting the annual financial statement audit, as defined, is 270 days after the close of Provider's fiscal year. Electronic filing of the annual financial statement audit, as defined, must be sent by Provider's CPA firm to the following e-mail address: audits@thechildrenstrust.ora. Providers that are required to have a Single Audit agree to have their CPA firm submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan,if applicable. 3. Program Specific Audit Within 180 days of the close of its fiscal year, Providers that are contracted for a combined total of $100,000 or more from The Children's Trust are required to have their CPA firm submit a program specific audit related to The Children's Trust contracts, electronically, in addition to the annual financial statement audit. The program specific audit shall be performed by an independent CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation, has performed audits under Government Auditing Standards and is either a member of the AICPA or FICPA peer review program to include government engagement reviews. This program specific audit must encompass an audit of The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements. A Provider that does not meet the program specific audit threshold requirement will be exempt from the program specific audit requirement in the fiscal year that the audit threshold is not met. City of Miami Beach Page 11 of 81 Contract#1572-1090;Resolution#2014-64 4. Audit Extensions Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such request with appropriate justification by Provider and for a period of time not to exceed sixty (60) days after the initial due date. A copy of the engagement letter, along with the anticipated audit completion date and any concerns from Provider's CPA -firm related to the audit must accompany the request. Approved extension requests allow for the continuation of payment until such time that the extension expires. The annual financial statement audit and other financial information will be used in the evaluation of Provider's performance and overall fiscal health. In the event that either the annual financial statement audit or the program specific audit is not received in a timely manner and in accordance with the previously stated due dates; and an audit extension has not been approved, then The Children's Trust shall withhold all payments to Provider until the documents are received and determined to be acceptable by The Children's Trust. 5. Engagement Letters Audit Engagement Letters are due to The Children's Trust thirty (30) days after Provider's fiscal year end. Provider agrees to submit an engagement letter for both the annual financial statement audit and the program specific audit, electronically, to audits @thechildrenstrust.orci Failure to submit an engagement letter may result in a breach of contract, or other remedy, as deemed appropriate by The Children's Trust. 6. List of Approved Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, Provider must choose from a list of approved CPA firms, which are posted on The Children's Trust website. Inclusion in this pre-approved CPA vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B:Other Fiscal Requirements, Budget and Method of Payment. 7. Access to Records Provider shall permit access to all records including subcontractor records,which relate to this contract at its place of business during regular business hours. Provider agrees to deliver such assistance as may be necessary to facilitate a review or audit by The Children's Trust to ensure compliance with applicable accounting, financial and programmatic standards. This would include access by The Children's Trust, or its designee, to Provider's independent auditor's work papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing and at The Children's Trust's expense. S. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings, reviews and evaluations of the program which is the subject of this contract, including any subcontracts under this contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will remedy all deficiencies cited within the period of time specified in the report. 9. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the last four digits of social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not City of Miami Beach Page 12 of 81 Contract#1572-1090;Resolution#2014-64 be disclosed); and (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 10. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours 'the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions,verification of education and evaluation procedures;and (2) authorized time sheets,records and attendance sheets to document the staff time billed to provide Services pursuant to this contract; and (3) daily activity logs and monthly calendars of the provision of Services pursuant to this contract; and (4) training modules; and (5) pre and post session questionnaires; and (6) all participant attendance records; and (7) participant consent and information release forms; and (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this contract; all upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable terms of this contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by The Children's Trust and/or other appropriate agency. 11. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information,which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require all sub-contractors to comply with this paragraph. 12. Data Security Obligation Provider shall maintain an appropriate level of data security for the personally identifiable information (PII) Provider is collecting or using in the performance of this Contract. PII is information that can uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify individuals. Provider shall maintain and adhere to a written Data Security Policy that addresses City of Miami Beach Page 13 of 81 Contract#1572-1090;Resolution#2014-64 requirements regarding the protection of PII from unauthorized access and protection against data breaches and ensures Provider is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of PII on Provider's computing network and as paper records. This policy shall address the topics of computer passwords, screensavers that lock computers, securing physical facilities,storing data, data use, data confidentiality agreements, and staff training related to the policy. Additionally, Provider is responsible for approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider 13. Withholding of Payment At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of contractual terms. The Children's Trust will provide payment upon satisfactory compliance with the contractual terms as solely determined by The Children's Trust. P. MODIFICATIONS Any alterations,variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW&a VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Contract. For purposes of this section, the term "direct service provider" means a person 18 years of age or older, including a volunteer, who provides services to children, youth and their families. The term does not include volunteers who assist on an intermittent basis for less than 20 hours per month. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, and subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and sub-contractors files. Provider shall re-screen each employee,volunteer and/or subcontractor every five years. City of Miami Beach Page 14 of 81 Contract#1572-1090;Resolution#2014-64 S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be . defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races,religions,sexual orientation,and ethnic backgrounds. Provider agrees to abide by Chapter 11 A of the Code of Miami-Dade County ("County Code"), as amended,which prohibits discrimination in employment, housing and public accommodations;Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation;the Age Discrimination Act of 1975, 42 U.S.C.Section 6101, as amended,which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these City of Miami Beach Page 15 of 81 Contract#1572-1090;Resolution#2014-64 conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. (Refer to http://www.miamidadeethics.com/Publications/code of ethics2010.pdf for the Code of Ethics Ordinance). 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including: • Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. • Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami-Dade County, relevant municipalities,, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to and during the contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child,loss of property use for the program,or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries,if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any legal action related to the incident. 7.Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. City of Miami Beach Page 16 of 81 Contract#1572-1090;Resolution#2014-64 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services;and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site,with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data and Reporting Requirements,subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2-1-1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in,and subject to,the provisions of Paragraphs G and H above. City of Miami Beach Page 17 of 81 Contract#1572-1090;Resolution#2014-64 To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: English: City of Miami Beach, Out-of-School Program: is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Espanol: City of Miami Beach, Out-of-School Program: estd financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami-Dade. Kreyol: City of Miami Beach, Out-of-School Program:finanse pa "The Children's Trust".Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK - City of Miami Beach Page 18 of 81 Contract#1572-1090;Resolution#2014-64 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed ' upon by the parties: Attachment A:Scope of Services Attachment B:Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E:Affidavit for Level 2 Background Screenings,if applicable Attachment F: Performance Improvement Plan,if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. City of Miami' Beach THE CHILDREN'S TRUST MIAMI- ADE COUNT , FLORIDA MIAMI-DADE COUNTY, FLORIDA By: By: (Signatu of Aut orized Representative) (Signature) �' � �� Charles M. Auslander (Type/Print Name) C(i,*-1 0/1 President and CEO (Type/Print Title) Date: I Date: Provider Federal ID#59-6000372 Approved as to for a d legal sufficiency Date: l 14 County Attorn This contract is not valid until signed by both parties. APPROVED AS TO FORM & LANGUAGE ; & FOR EXECUTION City Attorne Date City of Miami Beach Page 19 of 81 Contract#1572-1090;Resolution#2014-64 I 1 I I ATTACHMENT A. T Scope of Services t '9�.r s fsn .ry•ti'R`3d�.:�.t^.,.-.._.. ...^,[yi v City of Miami Beach Page 20 of 81 _ Contract#1572-1090;Resolution#2014-64 Attachment A OUT OF SCHOOL 1. DESCRIPTION OF SERVICES The City of Miami Beach's Out of School Program provides Afterschool services to 230 general population children and 20 children with disabilities ages 5-12 who reside primarily in Miami Beach. The :summer camp program serves 250 general population children and 20 children with disabilities ages 5-12 residing primarily in Miami Beach. The program activities include physical fitness, literacy, social skills, nutrition education and home learning. Program Timeframes: Year-Round program/both After-School and Summer Camp 2. TARGET POPULATION / PARTICIPANTS After-school child slots refer to the total number slots, including general # of population &children with disabilities Unduplicated Child Participants After-School Child Slots 250 After-School Children With Disabilities Slots 20 Summer Child Slots 270 Summer Children With Disabilities Slots 20 a. Participants By Age: Total estimated number of participants to be served by age group After-School Children After School Children Children Age 5 (enrolled in Elementary School) 20 Children Age 6-12 (enrolled in Elementary & Middle School) 230 Children Age 13+ (enrolled in Middle School) 0 Summer Camp Children Children Age 5 (enrolled in Elementary School) 35 Children Age 6-12 (enrolled in Elementary & Middle School) 235 Children Age 13+ (enrolled in Middle School) 0 b. Description of participants to be served: North Shore Park and Youth Center will primarily serve children 5 to 12 years old that reside or attend school in the North Beach area of Miami Beach. The majority of participants attend either Biscayne Elementary or Treasure Island Elementary, both Title I schools. Approximately 90% of the population at both Biscayne and Treasure Island are considered economically disadvantaged. The OOS program is open to children with autism, intellectual, developmental and learning disabilities. The program accepts children with physical disabilities such as hearing, vision impairment, and mobility on a per case basis and makes reasonable accommodations to ensure their full participation in the program. City of Miami Beach Page 21 of 81 Contract#1572-1090;Resolution#2014-64 I 3. SERVICE LOCATIONS Provider will deliver services in accordance with the Program/Service Operating Site Table included in Appendix 1. 4. PERFORMANCE MEASURES a. Quantity - "How much will we do?" Activities - School Year Activity Afterschool Service Facilitators Site/Group Frequency/Intensity/Duration/Time Type Name & Description Variance Literacy Evidence Based Recreation Daily for 30 Min per day for 42 weeks Curriculum: KidzLit Program The AfterSchool KidzLit Supervisor program is a reading (Florida enrichment program Certified designed specifically for Teacher) use in out-of-school settings. It increases Recreation young people's Leader I motivation to read and builds their literacy skills. At the same time, it develops core values of helpfulness, fairness, personal responsibility, and respect for others. Leaders use a five-part process in which children hear engaging books read aloud—or read them independently— and make connections to their own lives. They express their feelings and grapple with big ideas through discussion, drama, art, movement, and writing. The program is aligned with the National Council of Teachers of English (NCTE) standards. Accommodations for Children with Disabilities: one-to-one setting, read instructions aloud, small group setting, allow more time for completing a task, and guided reading. City of Miami Beach Page 22 of 81 Contract#1572-1090;Resolution#2014-64 Fitness Evidence Based Recreation Daily for 30 Min per day for 42 weeks Curriculum: Sports, Play Program and Active Recreation for Supervisor Kids (SPARK) The K-2 PE consists of Recreation one section with 12 Leader I Instructional Units: Building a Foundation, ASAP (Active Soon as Possible), Parachutes; Manipulatives; Balance, Stunts and Tumbling; Catching and Throwing; Jumping; Kicking and Trapping; Dance; Dribbling, Volleying and Striking; Games and Recess Activities. Specific activities include Snakes and Lizards, Parachute Switcheroo, and Hawaiian Roller Coaster Ride. The 3-6 PE consists of two sections. The Focus on Fitness section has 10 Instructional Units: ASAP (Active As Soon as Possible); Aerobic Games; Chasing and Fleeing; Fitness Challenges; Fitness Circuts; Group Fitness; Jump Rope; Map Challenges; Movement Bands; Walk/Jog/Run Specific activities include Flip Flop Lesson, Aerobic Bowling, and Mirror, Mirror The Spotlight on Skills Section consists of 11 instructional units: Basketball; Cooperatives; Dance; Flying Disc; Football; Hockey; Recess Activities; Soccer; Softball; Stunts and Tumbling; Volley Ball Specific Activities include 3-Catch Basketball, Flying Disc Golf and Beat the Ball. City of Miami Beach Page 23 of 81 Contract#1572-1090;Resolution#2014-64 I - Accommodations for Children with Disabilities: Physical arrangement of the room and/or equipment, adaptation of instructional and/or play materials to facilitate participation, and/or different instructional arrangements (large groups, small groups, cooperative learning groups, peer partners, and one-to-one instruction). Social Skills Evidence Based Recreation 1 day per week for 30 min a day for 42 Curriculum Used: Leader I weeks Positive Action Positive Action consists of five components that rely on the intuitive philosophy that feeling good is in direct correlation to taking positive actions. The program teaches the positive actions for the physical, intellectual, social, and emotional areas of the self. The philosophy is illustrated by the Thoughts-Actions- Feelings Circle where positive thoughts lead to positive actions, positive actions lead to positive feelings about your self and positive feelings lead to more positive thoughts. Lessons contain activities that adress academic standards and some are aligned with state standards. Lessons include materials and activities such as: posters (some interactive), puppets, flannel boards, music, games, stickers, fiction and non-fiction stories, activities related to poetry, art, literature, science, and math, Ways, and role plays. City of Miami Beach Page 24 of 81 Contract#1572-1090;Resolution#2014-64 Accommodations for Children with Disabilities: one-to-one setting, read instructions aloud, small group setting, allow more time for completing a task, and guided reading. Enrichment Under the supervision of Recreation K-1st: Daily for 30 to 60 Min per day for Activities the Recreation Leaders, Leader I 42 weeks. participants will engage 2nd _ 5th; 4 times per week for 30 to 60 in different activities Min per day for 42 weeks through the program week. Options of the type of activities will vary according to age group. Children will engage these activities in small groups, large groups and individually. Activities include: Circle Games: All My Friends, Friends for Life, Soccer Arts and Crafts: Tie Dye T-Shirts, Painting Ceramics Sports and Physical Fitness: Kick Ball, Ping Pong Tournaments, Flag Football, Centipede, Winter Wonderland Dance Practice, Ping Pong Tournaments Relay Race and Tag Games: Potato Sack Race, Bubble Gum Relay Race, Magazine Race Musical Games: Boogie Fever, Burst Your Bubble, Musical Chairs Science and Nature: Nature Hunts Trivia and Reasoning: 20 Questions, Hang Man, Charades, Coach for a Day Job Interviews Low Impact Games: JKinq Chase Oueen, Make City of Miami Beach Page 25 of 81 Contract#1572-1090;Resolution#2014-64 the Statue Laugh, Prisoner's Ball, 7-Up, , Human Tic Toe High Impact Games: Octopus, Doctor, DoctorOptions of the type of activities will vary according to age group. Computer Skills: Use education related programs to enhance and support literacy and homework efforts. Nutrition All children receive a Recreation Daily for 45 Min per day snack and a meal Leader II provided by Village Youth Services once they arrive to the program from school. Family Winter Wonderland takes Recreation 1 time ( in December) for 3 hours Involvement place in December. It is Program an event that involves Supervisor participants in several roles, including taking part in performances, as well as supporting activities. Children have an opportunity to showcase what they've learned and the costumes and sets they've created in preparation for their performances. Parents are in attendance to watch their children in a variety of dances and skits revolving around the joy of winter and the holidays. The Winter Wonderland promotes creativity, diversity and education. Family The Hispanic Heritage Recreation 1 time (in October) for 3 hours Involvement Festival takes place in Program October and is an Supervisor evening where participants will learn about a variety of different Hispanic cultures. For several weeks leading up to the event children out man City of Miami Beach Page 26 of 81 Contract#1572-1090;Resolution#2014-64 hours of preparation into creating costumes and posters in representation of their different cultures. Children will perform skits and dances showcasing the cultures of different Latin countries and will decorate costumes specific to different regions. Parents and families will be invited to attend to watch their children perform. Homework Children have the Recreation Daily for 30 Min per day for 39 weeks Assistance opportunity to work on Program homework assigned to Supervisor them at school. (Florida Recreation Leaders, as Certified well as a Florida Certified Teacher) Teacher are available to assist children with any Recreation questions they may have Leader I regarding their assignments. Activities - Summer Activity Summery Service Name Facilitators Site/Group: Frequency/Intensity/Duration/Time Type . &Description Variance Literacy Evidence Based Recreation Daily for 60 to 90 Min per day for 10 Curriculum: KidzLit Program weeks The AfterSchool KidzLit Supervisor program is a reading (Florida enrichment program Certified designed specifically for Teacher) use in out-of-school settings. It increases Recreation young people's Leader I motivation to read and builds their literacy skills. At the same time, it develops core values of helpfulness, fairness, personal responsibility, and respect for others. Leaders use a five-part process in which children hear engaging books read aloud—or read them independently—and make connections to their own lives. They express their feelings and 1grapple with big ideas City of Miami Beach Page 27 of 81 Contract#1572-1090;Resolution#2014-64 through discussion, drama, art, movement, and writing. The program is aligned with the National Council of Teachers of English (NCTE) standards. Accommodations for Children with Disabilities: one-to-one setting, read instructions aloud, small group setting, allow more time for completing a task, and guided reading. Fitness Evidence Based Recreation Daily for 60 to 90 Min per day for 10 Curriculum: Sports, Play Leader II weeks and Active Recreation for Swimming - 2 times a week for 45 min Kids (SPARK) Recreation for 10 weeks The K-2 PE consists of Leader I one section with 12 Instructional Units: Pool Guards Building a Foundation, (Swimming) ASAP (Active Soon as Possible), Parachutes; Manipulatives; Balance, Stunts and Tumbling; Catching and Throwing; Jumping; Kicking and Trapping; Dance; Dribbling, Volleying and Striking; Games and Recess Activities. Example activities include Snakes and Lizards, Parachute Switcheroo, and Hawaiian Roller Coaster Ride. The 3-6 PE consists of two sections. The Focus on Fitness section has 10 Instructional Units: ASAP (Active As Soon as Possible); Aerobic Games; Chasing and Fleeing; Fitness Challenges; Fitness Circuts; Group Fitness; Jump Rope; Map Challenges; Movement Bands; Walk/Jog/Run Example activities include Flip Flop Lesson, Aerobic Bowling, and Mirror, Mirror The Spotlight on Skills Section consists of 11 City of Miami Beach Page 28 of 81 Contract#1572-1090;Resolution#2014-64 instructional units: Basketball; Cooperatives; Dance; Flying Disc; Football; Hockey; Recess Activities; Soccer; Softball; Stunts and Tumbling; Volley Ball Example Activities include 3-Catch Basketball, Flying Disc Golf and Beat the Ball, Swimming at Normandy Isle Park and Pool. Accommodations for Children with Disabilities: Physical arrangement of the room and/or equipment, adaptation of instructional and/or play materials to facilitate participation, and/or different instructional arrangements (large groups, small groups, cooperative learning groups, peer partners, and one-to-one instruction). Social Skills Evidence Based Recreation 2 times per week for 60 min per day for Curriculum Used: Positive Leader II 10 weeks Action Positive Action consists of Recreation five components that rely Leader I on the intuitive philosophy that feeling good is in direct correlation to taking positive actions. The program teaches the positive actions for the physical, intellectual, social, and emotional areas of the self. The philosophy is illustrated by the Thoughts-Actions- Feelings Circle where positive thoughts lead to positive actions, positive actions lead to positive feelings about your self and positive feelings lead to more positive thoughts. Lessons contain activities that adress academic standards and some are ali ned with state City of Miami Beach Page 29 of 81 Contract#1572-1090;Resolution#2014-64 standards. Lessons include materials and activities such as: posters (some interactive), puppets, flannel boards, music, games, stickers, fiction and non-fiction stories, activities related to poetry, art, literature, science, and math, plays, and role plays. Accommodations for Children with Disabilities: one-to-one setting, read instructions aloud, small group setting, allow more time for completing a task, and guided reading. Enrichment Under the supervision of Recreation 5 days a week for 2 hours a day for 10 Activities the Recreation Leaders, Leader I weeks participants will engage in different activities through the program week. Children will engage these activities in small groups, large groups and individually. Activities include: Circle Games: Chicken Picks, Hide the Carrot, Telephone Pictionary, Wonder Ball, Around the World Sport and Physical Fitness Games: Loco Luau Dance Practice, Frisbee Toss, Jump Rope, Centipede, Kick Ball, Frisbee Golf, Balloon Volley Ball, Flag Football, Three Team Soccer, Basket Ball Kick'Up, Ping Pong Tournament, Volley Ball, Soccer, Basket Ball, Wacky Olympics Day, Jump Rope Games Arts and Crafts Activities: Painting Ceramics, Tie Dye T- Shirts, Musical Games: Burst Your Bubble Science and Nature City of Miami Beach Page 30 of 81 Contract#1572-1090;Resolution#2014-64 Games: Nature Hunt, Science Lessons and Activities Trivia and Reasoning Games: Treasure Hunt, 20 Questions, Detective, I Spy, Blob Tag, Little Black Box, Human Clue, Charades, Comics Trivia Contest, Concentration Relay Race and Tag Games: Freeze Tag, Four Corners, Man Hunt, Tails, Dribble Tag, Tails, Wizards Giants and Elves, Potato Sack Race, - Ping Pong Spoon, Balloon Pop, Red Light, Green Light, Over and Under, Tower Game High Impact Games: Burst the Balloon, Steal the Bacon, Volcanoes and Craters, Envelope Game, Dragon Tail, Touch Down, Mine Field Game Low Impact Games: Shoe Pile Up, Balloon Pen Pal, Human Tic Tac Toe, Table Games, Simon Says, Bank River Boat, Relay Race, Follow the Leader, Human Ring Toss, Name Bingo, Air Hockey, Arcade Game Tournament, Hot and Cold, Mirror Image, Friends for Life, Impulse, Silent Ball, Stop Supervised Computer Skills Recreation 2 days a week for 2 hours per day for 10 Free Choice Arts and Crafts Leader I weeks Board Games Make a Bracelet Sports Science and Nature Activities Make a Kaleidoscope Musical Games Family Loco Luau takes place in Recreation 1 Time (in June) for 3 Hours Involvement June and is an event that Program involves participants in a Supervisor variety of roles, including performances and City of Miami Beach Page 31 of 81 Contract#1572-1090;Resolution#2014-64 supporting activities. Parents in attendance watch children perform in choreographed dances and skits that revolve around summer fun and Hawaiian culture. Nutrition All children will receive Recreation Daily for 60 Min per day for 10 weeks a nutritious lunch and a Leader II two-component snack that meets or exceeds the USDA guidelines every day during Summer Camp. Lunches and snacks will be provided by the Miami Dade Community Action Agency. .Field Trips: School Year Location Associated Service/Activity # of Visits N/A Field Trips: Summer Location Associated Service/Activity # of Visits Normandy Isle Park and Pool Physical Fitness (Swimming) 2 per week Scott Rakow Youth Center Ice Rink Physical Fitness (Ice Skating) 2 Zoo Miami Literacy (Science and Nature) 1 Boomers Physical Fitness and Social Skills 1 b. Quality - "How well will we do it?" In this section Provider must describe how Quality of the program would be assessed. Some examples include: procedures/measures to ensure fidelity to the curriculum; satisfaction surveys; staff training. Quality Measure Measurement and Reporting Timing (e.g., After Tool completion of XX activity) (e.g., Satisfaction Survey) Average number of children attending per day Utilization Report At least Monthly Participant Retention / engagement Utilization Report At least Monthly # / % of parents/caregivers and Satisfaction Survey After School: March children/youth satisfied with OOS programs Summer Camp: Once during and summer camps summer Observation of service delivery/Fidelity -Curriculum Observation Checklist Curriculum Observation checklist for Literacy (developed by Checklists: Each will be KidzLit) administered once prior to -Curriculum Observation Checklist October 15, again prior to for Fitness (developed by SPARK) March 31 and during the -Curriculum Observation Checklist Summer prior to June 30 for Social Skills (developed by Positive Action) City of Miami Beach Page 32 of 81 Contract#1572-1090;Resolution#2014-64 _._....__...__....._ .. c. Outcomes - Measuring "Is anyone better off?" Data Source/ Timing Associated Required Afterschool Outcomes Measurement Activity Tool Mid-point performance: 85% of children will improve oral 1 minute Oral Pre, Mid, Literacy reading skills Reading Fluency and Post Activities End-of-year performance: 90% of children will improve (ORF) tests oral reading skills Mid-point performance: 75% of children will improve PACER Multi-Stage Pre, Mid, Fitness fitness performance Shuttle Run and Post Activities End-of-year performance: 85% of children will improve tests fitness performance Required Summer Outcomes Data Source/ Timing Associated Measurement Activity Tool 85% of children will improve or maintain oral reading skills 1 minute Oral Pre and Literacy Reading Fluency Post tests Activities (ORF) r maintain fitness performance PACER Multi-Stage Pre and Fitness 85 /o of children will improve o p g Shuttle Run Post tests Activities 5. EVIDENCE BASED PROGRAMS (EBP) All strategies funded by The Children's Trust should deliver high quality, evidence-based practices that are strength-based, family centered, accessible, respectful of diversity and mindful of community context and connections, or constitute best practices that have been approved by The Children's Trust because when performed with fidelity they should deliver analogously high quality services. Listed are the evidence-based programs (if any) that will be used during activities/service delivery. For information on evidence-based programs, visit The Children's Trust website. Evidence Based Program Designating Agency Activity/Service Name (from Section 4 above) OOS - AfterSchool KidzLit Selected from Trust-approved list of Literacy programs in the NOFA OOS - Sports, Play, and Active Recreation for Selected from Trust-approved list of Physical Fitness Kids (SPARK) programs in the NOFA OOS - Positive Action Substance Abuse Mental Health Social Skills Services Administration (SAMHSA) 6. RATIOS Period / Population # Child Slots # Staff School Year 250 19 School Year for Children with Disabilities Summer 270 20 Summer for Children with Disabilities City of Miami Beach Page 33 of 81 Contract#1572-1090;Resolution#2014-64 7. STAFF QUALIFICATIONS Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Position Management module of SAMIS. After School Summer Justification Qualifications: Description of Ratio Ratio Key responsibilities # of Yes # of Yes Position Required Minimum related to the Staff* or Staff* or for Svcs Education & program described No No M Experience in the Activity Tables List Full-Time Employees Two months Oversee groups of experience approximately 13 teaching or children. Lead leading groups in program activities. recreational or Conduct and educational organize recreational Recreation Leader I experience, or activities which may Juan Carlos Fabian 1 Yes 1 Yes completion of one include music, college level dance, art and course in crafts, film, cultural recreation, events, nature physical studies, social education, art, recreation, sports health, music, and games. theater orequal. Two months Oversee groups of experience approximately 13 teaching or children. Lead leading groups in program activities. recreational or Conduct and educational organize recreational Recreation Leader I experience, or activities which may George Linton 1 Yes 1 Yes completion of one include music, college level dance, art and course in crafts, film, cultural recreation, events, nature physical studies, social education, art, recreation, sports health, music, and games. theater orequal. Two months Directs and oversees experience all activities and teaching or programs for leading groups in afterschool and Recreation Leader II recreational or summer. Position Juan Cedano 1 No 1 No educational supports North Shore. experience, or Recreation Facility. completion of one college level course in recreation. City of Miami Beach Page 34 of 81 Contract#1572-1090;Resolution#2014-64 Two months Directs and oversees experience all activities and teaching or programs for leading groups in afterschool and Recreation Leader II recreational or summer. Position Jose Polo 1 No 1 No educational supports North Shore experience, or Recreation Facility. completion of one college level course in recreation. Current Florida Directs and oversees Teaching all activities and Certificate One programs for year full time afterschool and experience in summer. Assists in supervision in the scheduling of public park and activities. Oversees recreation registration process. services. Approves scholarship Minimum of a applications. bachelors degree. Schedules, organizes and directs special Recreation Program events. Assists in the Supervisor 1 Yes 1 Yes X scheduling of Lucinda Alonso activities. Keep parents informed about upcoming events/news. In Addition, it supervises the Literacy and other academic activities to ensure curricula fidelity and quality of program. Conducts and supervises the administration of the ORF assessment. One year full time Directs and oversees experience in all activities and supervision in programs for public park and afterschool and recreation summer. Assists in services. the scheduling of activities. Oversees Recreation Program registration process. Supervisor 1 No 1 No Approves scholarship Igor Lopez applications. Schedules, organizes and directs special events. Assists in the scheduling of activities. Keep parents informed about upcoming events/news. City of Miami Beach Page 35 of 81 Contract#1572-1090;Resolution#2014-64 Two years full Assists in the time verifiable in planning and the supervision of organization of city public park and wide recreational recreation activities. services. An Recommends the associate's employment or degree in dismissal of Recreation. subordinate personnel. Assists in the planning and leading of in-service Recreation training programs. Supervisor I 1 No 1 No Plans, organizes and William Priegues supervises assigned phases of recreation programs. Participates in the public relations program relating to recreational functions. Instructs in various recreational activities. Assists in budget review of assi ned activities. Minimum of High Assists Certified School diploma. Teacher with the BA preferred. planning and training Administrative of staff on all literacy support, activities, including experience administration of the including ORF. Compiles and Office Associate III 1 No 1 No maintenance of inputs data for grant. Sarah McBride detailed filing Assists in preparing system. reports to the Trust. Assists supervisors with collecting invoices, coordinating activities and staff related issues. 100% Match This is highly Position responsible Bachelor's degree supervisory and in Recreation, administrative work Physical in organizing and Education or managing specific Program Director related field. sites within a (Facility Manager) 1 No 1 No Three years regional geographic Andrew Plotkin verifiable area, special experience in the activities of the Parks supervision of and Recreation public parks and Department. recreation Experienced services. recreation and _ child/youth .. City of Miami Beach Page 36 of 81 Contract#1572-1090;Resolution#2014-64 Supervisory development experience in at manager with 7 least one of the years of supervisory following areas: experience, assisting athletics, youth the administration in programs, the overall direction therapeutic of the Division to recreation, include, but not aquatics/pool limited to, budget operations, tennis preparation and centers, adult administration, programs purchasing payroll, maintenance of contract bids, open park areas performance and/or theme evaluations, capital events improvement projects and personnel issues. 100% Match This is highly Position responsible Bachelor's degree supervisory and in Recreation, administrative work Physical in organizing and Education or managing specific related field. sites within a Three years regional geographic verifiable area, special experience in the activities of the Parks supervision of and Recreation public parks and Department. recreation Experienced services. recreation and child/youth Supervisory development experience in at manager with 7 least one of the years of supervisory Recreation Program following areas: experience, assisting Supervisor 2 No 2 No athletics, youth the administration in programs, the overall direction therapeutic of the Division to recreation, include, but not aquatics/pool limited to, budget operations, tennis preparation and centers, adult administration, programs purchasing payroll, maintenance of contract bids, open park areas performance and/or theme evaluations, capital events improvement projects and personnel issues. City of Miami Beach Page 37 of 81 Contract#1572-1090;Resolution#2014-64 List Part-Time / Seasonal Employees Two months Oversee groups of experience approximately 13 teaching or children. Lead leading groups in program activities. recreational or Conduct and educational organize recreational experience, or activities which may completion of one include music, Recreation Leader I 1 Yes 1 Yes college level dance, art and Maria Araujo course in crafts, film, cultural recreation, events, nature physical studies, social education, art, recreation, sports health, music, and games. theater, or equivalent. Two months Oversee groups of experience approximately 13 teaching or children. Lead leading groups in program activities. recreational or Conduct and educational organize recreational experience, or activities which may completion of one include music, Recreation Leader I 1 Yes 1 Yes college level dance, art and Kristen Caballero course in crafts, film, cultural recreation, events, nature physical studies, social education, art, recreation, sports health, music, and games. theater, or equivalent. Two months Oversee groups of experience approximately 13 teaching or children. Lead leading groups in program activities. recreational or Conduct and educational organize recreational experience, or activities which may completion of one include music, Recreation Leader I 1 Yes 1 Yes college level dance, art and Vanessa Perez course in crafts, film, cultural recreation, events, nature physical studies, social education, art, recreation, sports health, music, and games. theater, or equivalent. City of Miami Beach Page 38 of 81 Contract#1572-1090;Resolution#2014-64 (100% Match) Oversee groups of Two months approximately 13 experience children. Lead teaching or program activities. leading groups in Conduct and recreational or organize recreational educational activities which may Recreation Leader I experience, or include music, (Pooled) 13 Yes 14 Yes completion of one dance, art and college level crafts, film, cultural course in events, nature recreation, studies, social physical recreation, sports education, art, and games. health, music, theater, or equivalent. * # of Staff refers to the number of paid and in-kind staff, subcontractors, independent contractors and volunteers in each position identified. Please comment if two or more positions are combined for purposes of calculating the child/staff ratio. This is typically done when two or more position's schedules are not overlapping (i.e. one position works from 8 AM to 1 PM and another works from 1 PM to 6 PM.) **Volunteers may only be counted towards the staff: participant slot ratio if they are screened and trained and they work days and times that match what would be required for a paid staff member in the position a volunteer occupies. * Provider is cautioned to review Attachment C to this contract for the terms of programmatic performance and data reporting requirements that must be followed in conjunction with the specific terms applicable to this contract in this Attachment A Scope of Services. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- City of Miami Beach Page 39 of 81 Contract#1572-1090;Resolution#2014-64 1 APPENDIX 1 : Program Service Operating Site- Table City of Miami Beach Page 40 of 81 Contract#1572-1090;Resolution#2014-64 m N C_ :e O E C L cm Z m 9 00 d N `O 0 6 c 4- s i c y U, O O r C S' c u; d a y IL V d �a a v: 3 C d s+N w Im E¢vi �� a Wb O W K W y N 9 0 7 En U 0 N M W N L ! f` N f0 O 0 a- a, o°_ u? a o 4. g O v m Q N u.- n d v 0 V e ^ N V d il!j, U 9 w M IL E � K > _ m v d W n U E. o. d 1+ E o E th o 2 0 E.9 U L H c 0 � r vinE ;y A d vc E o++ L O O a 0 a $ c o w L 3 E 0 N V yqv Q•I L N O O O O N y j VI d Ip o+ °c as U C 9 a 0 m w. n E" "; m .0 '�-'a'n 0 Lb 6 o L o O a 3 O U O 0 Cl O N L CAS b q E g 411 w g � c E 0 o E y n u 0 0 uo C pI p a o c O Z Z Z Z Z z U -s 9 N Z a S _ u J'. 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O p cm 'm d M 7 U >' t'i u y {NJOtn 10 f0 J U O UI z^ 0 IL N O d L V cm O� 00 10 n C G C V=N Ot W %D Q Q n O d^ d q c0 A N N co O VI VI.� ..d E ? .. .... `w>U m o� U1 dx p W O M p 00 N N 3 z V I O d ° N z s Li+ 7 Q } C a g v C N W O O d LL R U O m e U s 0 co �! u � 4 N � 0! Co Y a a v a a 'o o °i Z .. ai o Ei O N O C .. mi C y L 0 a aNi y N N yrj _ m z lA M n M =i� VI - m O 0 0 C N 0 C C Q) V n u ° ° z j y ch u, Ln � rn dM N C o N Ln .0 m L V O C O O E cp E ° E u C) T- OJ Z t+ Z t y °o u $ ° a ' m N Z a m d - U u v 0 m in A z 0 d c ° E LL °N' E°c 01 ' m LIA-fl O 0 M 0 a u a w 0 0 V)z� ¢ �¢ Ln r N U O O UU ATTACHMENT B Other Fiscal Requirements, Budget and Method of Payment City of Miami Beach Page 43 of 81 Contract#1572-1090;Resolution#2014-64 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments of up to 15% of the total contract value. Advance requests shall be limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request must include the amount requested and a justification for the request. Advance requests must be submitted using the designated form and must be approved in writing by The Children's Trust Contract Manager and Chief Financial Officer or their designee. Advance repayment Advance repayment is d ue within 60 calendar days o f receipt of the advance. Provider shall report the amount of the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS reimbursement screen. If a provider does not use SAMIS, then they are required to deduct their advance repayment from each invoice,consecutively, until the advance is repaid in full. Budget amendments/revisions Budget amendments/revisions require written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee. Request for budget amendments/revisions must be submitted to a Contract Manager using SAMIS, or the appropriate form, as designated by The Children's Trust. All budget amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be used to increase the total contract amount or to modify the Scope of Services. No more than two (2) budget amendments/revisions may be approved during the contract term. Budget amendment/revision requests must be submitted sixty (60) days prior to the expiration of contract. Budget amendments/revisions will be incorporated into the contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract amount. List of Approved Certified Public Accountants or Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, provider must choose from a list of approved independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust website. Inclusion in this pre-approved vendor pool requires that a CPA firm meet the following three (3) criteria: (a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified Public Accountants (FICPA) peer review program as evidenced by submitting their triennial System Review Report with a passing score to The Children's Trust; and (b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental accounting and/or nonprofit accounting with the application of Government Auditing Standards; and (c) completion of an annual CPA training session sponsored by The Children's Trust finance department. City of Miami Beach Page 44 of 81 Contract#1572-1090;Resolution#2014-64 Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and/or approved budget amendments/revisions as set forth in this attachment. Provider also agrees to pay its subcontractors, vendors and employees for the fulfillment of services provided in this contract, on a timely basis. Invoice Requirements Provider shall submit an original request for payment, us i ng the format p re sc ri bed by The Children's Trust and in accordance with the approved budget or budget amendments/revisions. The Children's Trust will notify Provider if the request for payment should be submitted electronically using SAMIS or by using a paper invoice.The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis for costs paid during the previous month. Every request by Provider for payment for services,work performed or costs paid pursuant to this contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment in the format that is prescribed by The Children's Trust. The Children's Trust reserves the right to request any supporting documentation related to this contract. If there are subcontractors to this contract, then the Form D: Attestation of Payment must be either uploaded to the SAMIS Document Repository or included in the Request for Payment no later than 30 days after payment to subcontractor. Upon the close of this contract, Provider is required to complete Form E: Close-out Attestation of Payment, which must be either uploaded to the SAMIS Document Repository or included in the Request for Payment no later than 30 days after payment to subcontractor. These forms may be downloaded from The Children's Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this contract. A final request for payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this contract. If Provider fails to comply,then all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds,which are not in accordance with this contract, and to which it is not entitled, then Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment within thirty (30) days of notification by The Children's Trust. After thirty (30) days, The Children's Trust may recapture amounts due to The Children's Trust,from this or any contract by reducing amounts requested to be reimbursed less the amount owed to The Children's Trust. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this contract, and The Children's Trust's decision on this matter shall be binding. In the event that Provider, its independent CPA firm or The Children's Trust discovers that an overpayment has been made, Provider shall repay the overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the contract, then The Children's Trust may amend the contract to reduce the amount of dollars. Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for under-serving participants in accordance with the contract. i City of Miami Beach Page 45 of 81 Contract#1572-1090;Resolution#2014-64 A request for payment will be deemed proper as defined by the Florida Prompt Payment Act, if the request complies with the requirements set forth in this contract and is submitted on the forms prescribed by The Children's Trust. Requests for payment and/or documentation returned to Provider for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required documentation. The Children's Trust may retain any payments due until all required reports, deliverables or monies owed to The Children's Trust are submitted and accepted by The Children's Trust. Supporting Documentation Requirements Provider shall maintain original records documenting actual expenditures and services provided , according to the approved budget and scope of services as required. Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider shall keep accurate and complete records of any fees collected, reimbursement or compensation of any kind received from any client or other third party, for any service covered by this contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that is used to allocate its costs to ensure that The Children's Trust is paying only its fair share of costs for services, overhead and staffing devoted to the program funded by this contract.Such methodology shall be made available to The Children's Trust upon request. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK - City of Miami Beach Page 46 of 81 Contract#1572-1090;Resolution#2014-64 Budget Summary Report-Attachment B City of Miami Beach-OOS 1572-1090 City of Miami Beach Fiscal Year 14-15(8/1/14-7/31/15) Contract#: 1572-1090 CSC Program Allocation:$309,180 Budget Status:Submitted Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 711,743 302,377 302,377 521 FICA/MICA 10,314 4,386 4,386 522 Retirement Contributions 56,939 0 0 523 Life and Health Insurance 31,825 0 0 524 Workers Compensation 21,352 0 0 525 Unemployment Compensation 0 0 0 Salary Totals: 832,173 306,763 306,763 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 0 0 0 532 Travel(participants) 37,200 0 0 533 Meals(participants) 73,742 0 0 534 Space 0 0 0 535 Utilities 0 0 0 536 Supplies(office) 23,000 0 0 537 Supplies(program) 19,000 0 0 540 Non-Capital Equipment 0 0 0 550 Capital Equipment 0 0 0 i 591 Indirect Cost 478 478 478 611 Subcontractor 0 0 0 711 Professional Services(instructors) 0 0 0 721 Professional Services(certified teachers) 0 0 0 731 Professional Services(tutors) 0 0 0 741 Professional Services(consultants) 0 0 0 791 Professional Services(other) 27,000 0 0 811 Other(advertising) 0 0 0 821 Other(background screening) 0 0 0 831 Other(admission to field trips) 0 0 0 891 Other(other) 517,120 0 0 529 Fringe Benefits(other) 0 0 0 841 Program Specific Audit 1,939 1,939 1,939 Expense Totals: 699,479 2,417 2,417 City of Miami Beach Page 47 of 81 Contract#1572-1090;Resolution#2014-64 Salary and Expense Totals: 1,531,652 309,180 309,180 Program Funders Summary Funders Funder Type Funder Total Comment Cash Cash(Summary) 450,610 In-Kind Contributions In-Kind Contributions(Summary) 73,742 Other Other(Summary) 517,120 Program Fees Program Fees(Summary) 181,000 Summary Funder Totals: . 1,222,472.00 City of Miami Beach Page 48 of 81 Contract#1572-1090;Resolution#2014-64 0 0 0 o a «� c a E c Q E N E C C O �7 r O O O V co O p CL a c a Q' v SO m N 'c d N O c c a O c °o d C 0 0 0 •o •p c V m V E E E o 0 0 IM M Q 0 0 0 O O m 0 a o C V y o 0 0 E o °oo QV W 0 Ll d y d E c = E c m Q p, A 0 0 0 +, E °v_ Lo �' O rn c> > C M M ` c O c O c o o y E °' Zcm ' r = ti 'a 0 0 o c 'a N .. 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Q � m Q a oo O m Q a OD O m ° rn Cl M N d Q1 61 co Cl)c r- 'O Co r-- 7 7 3 t1'J m m m 4- r O O O � ` O a a a o V c c 4) d 0 � o rn ° m d CO m cm Im tm m m m L a` as oM 2M O O O o rn o M m m m N y N U U U c c c E E E a a a o a) o co M V V r- V N N N oM o> M — O O O c 0 a E E 0 U a c m a a� 0) of o E c v E a a o E m cc E U o` m E S E m U) 7a c L (0 N U) D Q C p N E 0 N N N � N H C o CL O O O ci o N o cp u o u p u LL ° O V Q V U V V Q O N c d 0 13 y V c E W �, z E m z cn m cya z s m .: = v v m c 2 c TO c E !0 N C 0 i0 N U N N o j O Q Of 7 d c W E LL Y N r- U- 0 V d v N ^ _ p C o 11 °' O `i O O r O i Li c N N O a i o c > > > > C14 0 t rn C7 v A z ` a z A N 'ryn L « « E to c fA G)LO to c ev o_ c A o m 0) V m n Z E ? o E ? a o o X s r u� C .�. o C .0 01 d Z W U V m O y c0 a r y N E c0 U m E E ° 2 0 ° # a « a a m a� m L c c 0 U o �'0 ' d ' c o ) :ch 0 o o U U u o o a v c ~ v a - :° o o a ° a n a ¢ o O F- m Q a o O ¢ O) N a) �q 7 co 7 m m r Of Cl 00 O O O IL a c c m m rn E a a T N d It y w Cf cm r:. m `O m N r a a oM LM O O n o .. « co D m W M N p O 7 7 C! m m U U V V EE E a .. .. Go N j m M m m N N U U Of LM O O v T v 0 N O 3 U) O d *�' N O > 0 V O Z C c0 O m H CL m r t9 E .. LU E m V QN C °1 ° a �° U U CL m Q W U) i I ATTACHMENT C . Programmatic Data and Reporting Requirements 1 City of Miami Beach Page 72 of 81 Contract#1572-1090;Resolution#2014-64 ATTACHMENT C PROGRAMMATIC PERFORMANCE AND DATA REPORTING REQUIREMENTS Provider shall submit to The Children's Trust individual participant demographics, attendance, and performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcomes data, as well as narrative reports, into The Children's Trust web- based reporting system. Provider's use of web-based reporting requires mandatory training (provided by The Children's Trust) and a user login name. Failure to meet the minimum standards for performance will constitute a breach of contract. The Children's Trust reserves the right in its sole discretion to determine remedies for such breach, including, without limitation, terminating a contract, reducing funding commensurate with below-minimum performance, or imposing other remedies on providers performing below any minimum standard, including the "Quality Standards" for The Children's Trust out-of-school programs found on The Children's Trust website, or requiring "performance improvement plans." ACTIVITIES • Attendance-based activities are ongoing service activities in which participants are intended generally to receive three or more contacts, and include the core program activities. Provider will report: Demographics of individual participants within seven (7) days of program enrollment and specific dates of contact. Demographics shall be updated regularly when new information is collected (e.g., new address,grade level). • An approved Schedule of Activities is to be posted in a visible location at each service site.The schedule shall reflect the activities, frequency, and intensity as outlined in Attachment A. Provider may modify the schedule(s), however, any changes that alter the type, frequency, intensity, and/or duration of the activities will require a contract amendment. Provider will ensure that approximately 75% of the program's operating hours are accounted for in planned program activities described in Attachment A. • Provider will ensure that all children have a nutritious lunch and snack, at a minimum, during summer and full-day program days and a snack during after-school and partial day program days. Provider may also participate in the Afterschool Meal (supper) program sponsored by The Children's Trust. Weekly menus are to be posted in a visible location at each service site. • Provider will retain documentation (including basic materials and attendance records) from Family Involvement activities identified in Attachment A. PARTICIPANTS Demographic information required for primary CHILD/YOUTH participants enrolled: • Participant's Name (last,first, middle initial) • Parent's name (last,first, middle initial) • Street Address, City, and Zip Code • Parent/Guardian's Primary Phone # and Email • Gender (male,female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White,Other) • Ethnicity (Hispanic, Haitian, Other) • English proficiency (yes/no) • Other language(s) spoken (English,Spanish, Haitian Creole, None,Other) • Last 4 Digits ONLY of Child's Social Security# • Child's Miami-Dade County Public Schools ID Number • Child's Current Grade Level • Child's Current School • Does child have a Health Insurance? (yes/no) • Does child have a documented disability? (yes/no) • If disabled, what type? (Autism Spectrum Disorders, Chronic Medical Condition, City of Miami Beach Page 73 of 81 Contract#1572-1090;Resolution#2014-64 Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment (or blind), Other) • Documentation of disability (Individualized Family Service Plan, Individualized Education Plan, Section 504 Plan, diagnosis from a medical doctor, state certified or licensed professional; and/or disclosure by a parent/guardian); if child is noted as having a documented disability, a hard copy of the selected documentation must be kept within the participant's file for monitoring purposes. • Other Child Needs (accommodations, academic, behavioral) • Is participant: • A child of a migrant farm worker (i.e., parent/caregiver crossed county or state lines in search of temporary or seasonal farm work within the past 36 months) • Involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) • Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs) • A child of a military family (i.e., member of the child's family who he/she lives with or knows and who is either: 1) an active duty member of the uniformed services; 2) a member of the national guard or reserves; 3) a member or veteran who was severely injured and medically discharged or retired; or 4) a member killed in the line of duty) Children with Disabilities -The Children's Trust expects all programs to serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the Americans with Disabilities Act (ADA). Providers who may need assistance in determining whether they can safely and reasonably accommodate children with disabilities must contact their assigned Inclusion Specialist from the All Children Together (ACT) Resource Network. All children must be admitted into programs unless the assigned Inclusion Specialist determines that reasonable accommodations cannot be made. Other information to be obtained for all CHILD participants and included in the participant files: • Medical History and Authorization (including special needs and conditions) • Emergency Contact Information • Transportation,Walk Home, and Pick-up Authorizations • Confidentiality of Client Information • Signed release of information to The Children's Trust and authorization to participate • Consent to Release Educational Records (if applicable) PERFORMANCE MEASURES All contractual performance measures are specified within Attachment A (Scope of Services), along with the specific targets to be achieved (i.e., target numbers and percentages). Below are key definitions related to how the contract's performance will be analyzed. How much are you doing? • Recruitment/Enrollment- Reflects the average number of contracted slots/seats that are filled daily. The Children's Trust recognizes that not all children will attend their out-of- school program every day. However, material compliance with this contract requires that a minimum of 85% of contracted slots for participating children will be occupied on a daily basis. Attendance cannot be entered for a given participant until her/his demographic information has been completed. During the school year, only children attending After School days may participate in programming for School Year Full Days and/or Saturdays. City of Miami Beach Page 74 of 81 Contract#1572-1090;Resolution#2014-64 • Days of Service - Refers to the number of days contracted to be delivered by providers during the school year and/or summer. • Matched Sets Compliance - Tracks number of children receiving at least two tests within a review period. Two testing points are necessary in order to evaluate whether a child has made progress. Only children with long-term program enrollment will be included in a review of matched sets data. This is defined as any child with 90+ calendar days of program enrollment for afterschool and 30+ calendar days of program enrollment for summer. At the end of the school year, 95% of children are required to have matched sets. By the end of summer camp, 90%of children are required to have matched sets. ■ Testing Guidelines ensure that all assessments are given at the appropriate time intervals. The Trust recommends that tests are administered during specific windows of time, and assessments for all contracted outcomes should be given based on these time frames. All children with at least one day of attendance during a test administration timeframe should receive an assessment. Additionally, children leaving the program before its completion should be post-tested,if prior notice is given. • School Year Pre-test:Test children within 30 calendar days of each child's first day of attendance. • School Year Mid-test:Administer tests between December 1 It and January 15th. • School Year Post-test:Administer tests between May 1 It and June 6th. • Summer Pre-test: Test within 14 calendar days of each child's first day of attendance. Providers may also opt to use school year post-test results as summer pre-tests for returning children. This is permissible only if the school year post-test was administered within two weeks of the child's start date in summer camp. If provider chooses this option re-entering testing information for each participant is required. • Summer Post-test: Test during the final 14 calendar days of summer camp. Furthermore, children leaving the program before its completion should be post- tested,if prior notice is given. How well are you doing? • Engagement- Refers to the percentage of after school days each child has attended based on the child's first day of attendance through an end date. Only children enrolled in the program for at least 30 calendar days will be included in the school year engagement calculation. • Satisfaction surveys must be administered to all children, youth, and their parents once during the school year in March and once during the summer. Providers must administer the satisfaction surveys from The Children's Trust (which can be found at The Children's Trust website). Providers are required to submit a summary of their school year and summer camp survey results through a web-based reporting system. Is anyone better off? The purpose of evaluation is to promote improvements in outcome achievement and to facilitate changes in program practices that result in improved outcome achievement. To that end, we expect that all children will be evaluated and that all children (and programs) can improve as a result. • Outcomes Achievement - All children attending OOS programs will be tested using the Oral Reading Fluency (ORF) assessment and the Progressive Aerobic Cardiovascular Endurance Run (PACER). Results for ORF and PACER, as well as additional assessments, must be reported in The Trust's web-based data reporting system. Providers should meet the performance measures and targets required by the specific contract terms found in Attachment A (Scope of Services). o The original format of ORF and PACER may not be appropriate for all children. In these cases, providers must review approved adaptation options for the ORF and/or PACER assessments. Alternate assessments are conducted for children who are not able to respond to the original or adapted ORF and/or PACER assessment methods. Alternate City of Miami Beach Page 75 of 81 Contract#1572-1090;Resolution#2014-64 I assessments to ORF and PACER are reserved for children with disabilities. The Children's Trust website contains additional information regarding ORF/PACER adaptations, as well as the process for selecting alternate assessments. The Children's Trust research staff and Project RISE are also resources for identifying adaptations and alternate assessments. CONTRACT PERFORMANCE REVIEWS A minimum of two performance reviews are conducted annually by Trust staff: an interim review and an annual full review. The interim review process is completed at or prior to the first six months to assess whether the following areas are "on track" or "off track": staffing, activities, recruitment, retention/engagement and participant testing. The interim review is used for the purpose of contract renewal and may also be used for funding determinations, in conjunction with the end of the year score from the previous contract year (if applicable). A full annual performance review is completed following the end of the contract year using three review tools (On-Site Monitoring, Results and Accountability, and Fiscal) to measure success and ensure compliance with the terms of the contract. The overall performance is a measure of three areas: procedural compliance (15% of the score), fiscal compliance (25% of the score), and quality and quantity of services (60% of the score), and it generates a performance score. QUARTERLY PROGRAM NARRATIVE REPORT The Program Narrative Report captures a brief report of the program's successes, challenges, and support needed on a quarterly basis (up to five reports total over the contract period for year-round, four reports for afterschool only and one report for summer only). The report will be submitted to The Trust via the web-based reporting system. TRAINING AND QUALITY IMPROVEMENT The Children's Trust offers a variety of trainings on important topics to improve service delivery and contract compliance, enhance administrative capacity, and support program and employee development. Provider is required to ensure attendance by appropriate agency and/or program staff at the following trainings or re-certifications annually: Oral Reading Fluency, Progressive Aerobic Cardiovascular Endurance, New and Renewal Contract Development and Contract Management trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the contract year. In addition, full participation is required with Project RISE (Research, Inspiration, Support, and Evaluation), the All Children Together (ACT) Resource Network, and other Trust initiatives that may be appropriate. • Proiect RISE (http://ciDs.nova.edu/proiectrise/) The Children's Trust requires that Trust-funded out-of-school providers fully participate with Project RISE, a quality improvement initiative offered to support and improve the services available to Miami-Dade children and youth. Providers (including all staff involved in test administration) are required to become recertified in ORF and PACER administration annually. • All Children Together Resource Network (http://ccdh.org/act/about act/) The Children's Trust requires that providers attend trainings to become educated about the inclusion of and services for children with disabilities annually. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of all participating children. The All Children Together (ACT) Resource Network is a resource available to providers for technical assistance, mentoring, training and consultation regarding provision of services to children with disabilities. • Iniury Prevention Education and Resources thttp://thechildrenstrust.org/injury-prevention) The Children's Trust requires all funded providers to fully participate in childhood injury prevention capacity-building efforts facilitated by The Public Health Trust's Injury Free Coalition for Kids of Miami@, including annual participation in at least one training session relevant to the population being served, and distribution of parent education materials on home, water, car and bicycle safety. City of Miami Beach Page 76 of 81 Contract#1572-1090;Resolution#2014-64 • The Village Youth Services The Children's Trust requires that Trust-funded out-of-school providers fully participate with The Village Youth Services, Inc., the OOS Food and Nutrition Provider that will be responsible to provide nutritious food (snacks and meals), beverages and food administration support services (monitoring, nutrition education training, etc.). Appropriate provider staff will be required to attend nutrition education and food safety training annually. REPORTING SUBMISSION AND DATA ENTRY Due Date What to Report in the Web-Based Reporting System 15th Day Each Month - Prior month's attendance data and any new testing data School October 15, 2014 - Program Narrative Report Year January 31,2015 - Program Narrative Report 2014- - Mid-test data 2015 April 15,2015 - Program Narrative Report - Aggregated satisfaction survey responses - Program Narrative Report June 15, 2015 - School year Post-test data - School year attendance data 15th Day Each Month - Prior month's attendance data and any new Summer testing data Camp - Program Narrative Report 2015 September 15,2015 - Aggregated satisfaction survey responses - Summer camp Post-test data *If the due date falls on a weekend/holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI Provider shall create and/or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information to facilitate referrals for the duration of this contract term. Evidence of an up to date profile(s) must be provided to the Contract Manager within 30 days from start of services or any time there is a change to key program information (e.g., contact information, service location, hours, program description). -THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK- City of Miami Beach Page 77 of 81 Contract#1572-1090;Resolution#2014-64 ATTACHMENT D PROGRAM SPECIFIC AUDIT REQUIREMENTS The Program Specific Audit must encompass an audit of The Children's Trust contracts in accordance with section 03: Program Specific Audit of this contract. The comprehensive nature of auditing performed in accordance with the standards set forth below places on the independent certified public accounting firm (CPA) the responsibility for ensuring that (1) the audit is conducted by personnel who have the necessary skills; and (2) independence is maintained; and (3) applicable standards are followed in planning and conducting audits and reporting the results; and (4) the organization has an appropriate internal quality control system in place; and (5) the organization undergoes an external quality control review. Program Specific Audits must be conducted in compliance with AU-C 935 and Statement on Auditing Standards No. 117(SAS 117)and are required to include performing tests of controls over compliance. Beyond the requirements of SAS 117, an auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance; and in doing so; the assessed control risk must be set at low. The Program Specific Audit requires the following components (a sample format may be found on The Children's Trust website): a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts;and b. Schedule of Expenditures of The Children's Trust Contracts;and C. Notes to Schedule;and d. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control over Compliance;and e. Schedule of Findings and Questioned Costs. At a minimum, the auditor must include the following tests in their audit program to ensure that the compliance requirements set forth in The Children's Trust compliance supplement are met. They are: The Children's Trust Compliance Supplement to the Program Specific Audit: Compliance Requirement Program Specific Audit Example Implication a). Activities Allowed or Un- 1). Requires that activities A). If Provider asks to be reimbursed allowed purchased and paid with The for 6 field trips to teach children Children's Trust funds are listed in social skills,then were those field the contractual Scope of trips enumerated in either the Services. contractual budget narrative or the contractual Scope of Services? AND/OR 2). Requires that activities purchased and paid with The Children's Trust funds are listed in the contractual budget narrative or a contractual budget amendment/revision narrative. City of Miami Beach Page 78 of 81 Contract#1572-1090;Resolution#2014-64 Compliance Requirement Program Specific Audit Example Implication b).Allowable Costs 1). Requires that the nature and A). If the contractual budget, lists a type of costs paid are in Program Coordinator position at agreement with nature and type $25.00/hour,then does the provider of costs listed in the contractual actually pay and charge The budget and/or budget Children's Trust$25.00/hour? amendment/revision. B). If the contractual budget, lists a Program Coordinator's position,with dedicated time charged to The Children's Trust program of 25%, then does the provider keep records of an employee's time to substantiate that 25%of time was in fact earned and charged to The Children's Trust program? C). If an invoice is submitted to The Children's Trust that includes a charge for food for end of year parties and celebrations, is that cost allowable per The Children's Trust budget guidelines? Food costs for end of year celebrations are NOT allowable per The Children's Trust budget guidelines c).Cash Management 1). With the exception of the last A). If payroll is paid on 3/31,is it month of the contract period, included in March's reimbursement? do monthly invoices represent cost actually paid during the B).If payroll is paid on 4/1, but contract period (cash basis), represents time charged in March,is rather than costs incurred or it included in April's reimbursement2 accrued. d). Period of Availability 1). Requires Provider to charge A). If the active contract period The Children's Trust grant with extends from 8/1/14 through only allowable costs resulting 7/31/15, and Provider expends from obligations incurred during $250.00 for office supplies on the funding period. 9/30/14, does that expenditure apply to the active contract period? e). Reporting 1). Requires Provider to submit A). Monthly invoices must be proper fiscal reports, on an submitted to The Children's Trust by annual and monthly basis,in the 15th day of the month following accordance with established the month in which expenditures deadlines. were incurred. For example,an invoice for the period of March 1 through March 31st must be submitted by April 15th. City of Miami Beach Page 79 of 81 Contract#1572-1090;Resolution#2014-64 Compliance Requirement Program Specific Audit Example Implication Internal Controls 1). Requires that beyond the requirements of SAS 117, an auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance;and in doing so;the assessed control risk must be set at low. Special Provisions 1). Compliance requirements related to programmatic contract expectations (i.e., children served, level of effort, background checks, etc.) should NOT be tested as part of The Children's Trust Program Specific Audit. Audit procedures must also include: a. Testing of the budget versus actual expenditures. The approved budget is to include the original approved contracted budget as well as any approved budget amendments/revisions. b. Testing to ensure that no double billing has occurred (i.e. billing under The Children's Trust contract for the same expenditure that is billed under another contract and/or revenue source). c. Testing for unallowable expenditures e.g. costs not included in the approved budget or budget revision and unallowable costs identified in the budget guidelines included on The Children's Trust website. d. Testing for questioned costs. e. Testing that the Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the contract and within the contract period. f. Testing for the supplanting of funds. g. Testing of match funding, if required. h. Testing of the cost allocation plan to verify that The Children's Trust is paying only its fair share of costs for services, overhead and staffing. i. Testing the controls over compliance beyond Statement on Auditing Standards No. 117, which means that an auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance; and in doing so, the assessed control risk must be set at low. The independent auditor's report shall state that the audit was conducted in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the Program Specific Audit requirements listed in The Children's Trust contract. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK - City of Miami Beach Page 80 of 81 Contract#1572-1090;Resolution#2014-64 ATTACHMENT E AFFIDAVIT FOR LEVEL 2 BACKGROUND SCREENINGS Affidavit Affirming Compliance with Background Screening for Provider Personnel, Volunteers, and Subcontracted Personnel,as applicable. In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared (CEO/Executive Director) Authorized Provider Representative of City of Miami Beach,who being by me first duly sworn, deposes and says: Name of Contracted Provider (Signature of CEO/Executive Director/HR Director) Date I swear and affirm that the above-named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable,for all personnel having direct contact with children. Sworn to and subscribed before me at Miami-Dade County, Florida this_day of ,20_by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print,type or stamp name of notary public My Commission Expires: City of Miami Beach Page 81 of 81 Contract#1572-1090;Resolution#2014-64 1