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Contract 903-109-1 with Children's TrustCONTRACT NO. 903-109-1 BETWEEN THE CHILDREN'S TRUST AND The City of Miami Beach FOR Success University Service Partnership 2009-10 THIS CONTRACT, made and entered into by and between The Children's Trust whose address is 3150 S.W. 3~d Avenue, Stn Floor, Miami, Florida 33129 and The City of Miami Beach hereinafter referred to as the "Provider" whose address is 555 17th Street, Miami Beach, FL. 33139 states the conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services") for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and the Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2009 through July 31, 2010, 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 twice and with the acknowledgement of the Provider. Renewal may not exceed a term equal to the term of the initial contract, for a total maximum of three (3) terms. In considering the exercise of any contract renewal, 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 pertormance and compliance by the Provider. that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds from The Children's Trust. 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 Provider agrees to render services in accordance with the Scope of Services, Attachment A, to this Contract. Provider shall implement the Scope of Services, Attachment A, in a manner deemed satisfactory to The Children's Trust. Any modification to the Scope of Services shall not be effective until approved, in writing, by The Children's Trust and the Provider. 2. The Scope of Services' activities and performance measures, as well as other complete and accurate data and programming information, will be used in the evaluation of the Provider's overall pertormance. 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. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $400,000. The Parties agree that should available funding to The Children's Trust be reduced, the amount payable under this Contract may be reduced at the sole option of The Children's Trust. Provider agrees to adhere to the Budget and Method of Payment outlined in Attachment B to this Contract. The City of Miami beach Page 1 of 34 Contract #903-109-1, Resolution 2009-90 E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under another contract or grant from The Children's Trust or from any other 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 by any provider 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. Government agencies must certify that they have maintained their previous funding level when applying for additional funding from The Children's Trust. A violation of this section shall be considered 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 69I-73.001, and is defined for purposes of this Contract as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Capital equipment purchased with The Children's 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 for use by another funded program unless it is fully depreciated. Provider must initiate return of such capital equipment to The Children's Trust. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system when the capital equipment is fully depreciated and in the possession of Provider. 4. Assignments and Subcontracts Neither Provider nor The Children's Trust shall assign this Contract to another party. Provider shall not subcontract any Services contemplated under this Contract without prior written approval of The Children's Trust. Provider shall incorporate appropriate language form The Children's Trust contract into its subcontracts and shall require that all subcontractors providing services shall be governed by the terms and conditions of this contract. Provider shall submit a copy of said agreement to The Children's Trust within 30 days of its execution. All sub-contracted providers must agree to be monitored by or on behalf of The Children's Trust in the same manner as Provider under the terms of this contract. Provider and Subcontractor must be qualified to do business in the state of Florida. Provider shall be responsible for all services performed and all expenses incurred with this Contract, including services provided and expenses incurred by any and all subcontractors. It is understood by Provider that The Children's Trust shall not be liable to a subcontractor for any expenses or liabilities incurred under any subcontract and Provider shall be solely liable under the subcontract. Provider agrees, at Provider's sole expense, to hold harmless and defend The Children's Trust against any such claims, demands or actions related to any subcontract. In no event shall The Children's Trust directly provide funds to any subcontractor. All payments to any authorized subcontractor shall be paid directly by Provider to the subcontractor. 5. Religious Purposes Organizations and their faith-based community partners shall not use funds provided under this Contract to support inherently religious activities, such as religious instruction, worship, or proselytization. 6. Lobbying The City of Miami beach Page 2 of 34 Contract #903-109-1, Resolution 2009-90 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. 7. Adverse Action or Proceeding Provider shall not utilize the funds provided under this Contract or any other funds provided by The Children's Trust to retain any legal counsel for any action or proceeding against The Children's Trust or any of its agents, employees or officials. 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 the 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, or those of its employees or principals. 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 expressly understands and 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 as herein provided. 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 the Provider or with any applicable third party who has licensed or otherwise permitted the 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. The City of Miami beach Page 3 of 34 Contract #903-109-i, Resolution 2009-90 H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY The Parties understand that 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, the-Provider retains sole ownership of intellectual property developed under this Contract. It is the responsibility of the Provider to pay all required licensing fees if intellectual property owned by other parties is incorporated by the Provider into the services required under this Contract. Such licensing should be in the exclusive name of the Provider. Payment for any such licensing fees or costs arising from the use of others' intellectual property shall be at the expense of the Provider. As applicable 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 the Provider shall have occurred under this Contract if the Provider through action or omission causes any of the following: a. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; b. Fails to correct an imminent safety concern or take acceptable corrective action; c. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; d. Does not furnish the certificates of insurance required by this Contract or as determined by The Children's Trust; e. Does not meet or satisfy the conditions of award required by this Contract; f. 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; g. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; h. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review the Provider's program, including required client data; i. Fails to comply with child abuse and incident reporting requirements; j. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; k. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; I. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; m. Faits to maintain the confidentiality of client files, pursuant to Florida and federal laws; n. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; o. Fails to comply with Background Screening, as required under this Contract. 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 the Provider breaches this Contract, and fails to cure such breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with the Provider to cure any breach of this Contract as may be permissible under state or federal law (Attachment F, if applicable). 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, and any judgments entered by a court of appropriate jurisdiction. The City of Miami beach Page 4 of 34 Contract #903-109-1; Resolution 2009-90 The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five business days before the effective date of suspension. On the effective date of suspension the Provider may (but shall not be obligated to) continue to perform the services provided for in this Contract, but the 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 the Provider as of effective date shall cease, except that The Children's Trust shall continue to review and pay 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. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by the Provider as a condition precedent to the resumption of payments and shall specify a reasonable date for compliance. 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 the Provider by providing separate written notice to the Provider of each such suspension and specifying the effective date thereof, 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 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. The Provider shall be responsible for all direct and indirect costs associated with such termination including reasonable attorney's fees. The Children's Trust may terminate this Contract by giving written notice to the Provider of such termination and specifying the date thereof 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 the 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 the Provider with Trust funds under this Contract subject to the rights of the Provider thereto as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the Provider under this Contract, except that The Children's Trust shall continue to review and pay 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 any other contracts entered into between The Children's Trust and the Provider by providing separate written notice to the Provider of each such termination and specifying the effective date thereof, 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 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. The 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. The 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. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. ]. INSURANCE REQUIREMENTS Provider shall have their insurance agent(s) provide to The Children's Trust within 30 days of contract execution, Certificates of Insurance or, as applicable, a letter of self-insurance indicating coverage applicable to a Florida municipal corporation or written verification (binders) required under this section or as determined by The Children's Trust, except as required by Florida law for government .entities. It is the Provider's responsibility to comply with this requirement. The Children's Trust shall be named as an additional insured as their interest may appear on all applicable policies, and all applicable policies shall be maintained in full force for the term of this contract. As a condition of the execution of the contract, The Children's Trust will not disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance, The City of Miami beach Page 5 of 34 Contract #903-109-1, Resolution 2009-90 letter of self-insurance or written verification (binders) and The Children's Trust has approved such documents. The Children's Trust shall have the rights to review said certificates or letters and, if applicable, reasonably require updating of types and amounts of coverage provided upon any renewal of this Contract. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance for all employees and non-incorporated independent contractors and non-incorporated consultants of the Provider, as required by Florida Statutes, Chapter 440. The employer's liability portion will be $500,000/$500,000/$500,000 as a minimum. 2. Comprehensive General Liability insurance 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 financials to support a higher deductible. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" 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 the Provider and non-owned coverage for their employees and/or sub-contractors 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 as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non-owned without hired auto coverage, but rental cars can not be used in the course of the Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. 4. Automobile liability coverage for all owned and/or leased vehicles of the 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, but rental cars can not be used in the course of the 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. 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. If applicable, Proof of Property Coverage is required when the Provider has capital equipment paid for by The Children's Trust and said capital equipment is under the care custody and control of the Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Certificate holder must read: The Children's Trust 3150 SW 3~d Avenue, 8th Floor Miami, Florida 33129 The City of Miami beach Page 6 of 34 Contract #903-109-1, Resolution 2009-90 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 V" 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's Risk Management Division, or the company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. The Provider 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 except for ten (10) days for lack of payment changes. In the event of any change in the 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, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from the Provider until a new Certificate of Insurance or written verification (binders) 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 the Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against the Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies of insurance. K. 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 (I.R.S.) tax status determination letter; • The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after the Provider's fiscal year end or other appropriate filing period permitted by law; • If required by applicable law to be filed by the Provider, IRS 941 -quarterly federal tax return reports within thirty-five (35) calendar days after the quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. L. NOTICES All notices pursuant to this Contract shall be in writing and sent by certified mail to the addresses for each Party appearing on the first page of this Contract, and in the case of notices to The Children's Trust, marked to the attention of its President and CEO. It is each Party's responsibility to advise the other Party in writing of any changes in name, address and/or telephone number. M. AUTONOMY Both Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. It is expressly understood and intended that Provider is only a recipient of funding support and is not an agent or instrumentality of The Children's Trust, and that Provider's agents and employees are not agents or employees of The Children's Trust. The City of Miami beach Page 7 of 34 Contract #903-109-1, Resolution 2009-90 N. RECORDS, REPORTS, AUDITS AND MONITORING 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles. 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 and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. 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, 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, which ever is later. 2. Financial Audit and Program Specific Audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit, performed by an independent certified audit firm who is registered to do business with the Florida State Department of Business Regulation, of all its corporate activities and any accompanying management letter(s) or report(s) on other matters related to internal control, for each year during which this Contract remains in force and until all funds expended from this Contract have been audited. If no management letter or report or other matters related to internal control is prepared by the independent audit firm, Provider must confirm in writing to The Children's Trust that no such report was submitted to the Provider. This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of States, Local Government and Non-Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan when the schedule of findings and questioned costs prepared by the independent auditor discloses audit findings. In the event that the independent auditor does not disclose audit findings, Provider shall written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. Within 180 days of the close of its fiscal year, a Provider who is contracted for a combined total of $300,000 or more from The Children's Trust, from this or any other The Children's Trust contract(s), related to the fiscal year under audit, agrees to have aerogram-specific audit relating to The Children's Trust contract(s) in addition to the annual financial audit of the Provider's entire organization. This program-specific audit is to 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 of a combined total contract amount of $300,000 or more from The Children's Trust will be exempt from the program-specific audit requirement. Audit extensions may be granted in writing by The Children's Trust, after proper approval has been obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by the Provider. The financial audit and other financial information will be used in the evaluation of the Provider's pertormance and the Provider's overall fiscal health soundness. 3. Access to records Provider shall provide access to all records including subcontractor(s) which relate to this Contract at its place of business during regular business hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust to insure 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 working 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 at The Children's Trust's expense. The City of Miami beach Page 8 of 34 Contract #903-109-1, Resolution 2009-90 4. 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 techniques deemed reasonably necessary in 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 rectify all deficiencies cited within the period of time specified in the report. 5. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the 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 be disclosed); (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 child/family served. 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, outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the audit and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by the 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. 6. 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, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A; 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 appropriate entity. 7. 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. The City of Miami beach Page 9 of 34 Contract #903-109-1, Resolution 2009-90 8. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the pertormance of this Contract. This includes, but is not limited to, 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. 9. 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 of the contractual terms as solely determined by The Children's Trust. O. 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. P. GOVERNING LAW & 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 laws 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. Q. EMPLOYEE BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 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. 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. An Attestation of Good Moral Character must be completed annually for each employee, volunteer, and subcontracted personnel who work in direct contact with children. The Provider shall re-screen each employee, volunteer and/or subcontractor every five years. Provider shall keep Attachment E: Affidavit for Level 2 Background Screenings in the Provider's personnel, volunteers, and/or sub-contractors files. R. 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, the Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by the Provider. S. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of the 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. The City of Miami beach Page 10 of 34 Contract #903-109-1, Resolution 2009-90 Provider agrees to abide by Chapter l1A 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, www.miamidade.aov/ethics/library/Ethics-Brochure- 2005.pdf 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 conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following provisions of the Sarbanes-Oxley Act of 2002: • 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 The 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. The 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 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 the Provider and its employees. Provider shall complete an incident report in the event of any serious bodily injury to anyone within the scope of this Contract or arising out of the pertormance of this Contract. Provider shall provide written notification of the incident together with a copy of the incident report to The Children's Trust within three (3) working days after Provider is informed of such incident. Provider shall provide written notification to The Children's Trust, within seven (7) days, if any legal action which is filed as a result of such an injury. The City of Miami beach Page 11 of 34 Contract #903-109-1, Resolution 2009-90 7. Sexual Harassment Provider shall complete an incident report in the event a client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee arising out of the performance of this Contract and the 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. 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. T. CONSENT Provider must obtain parental/legal guardian consent for all minor participants 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. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. U. 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. V. 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 the 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. W. 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. 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: The City of Miami beach Page 12 of 34 Contract #903-109-1, Resolution 2009-90 English: The City of Miami Beach -Success University 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. Spanish: The City of Miami Beach -Success University esta financiado por EI Fidecomiso de los Ninos (The Children's Trust). EI Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de Winos y familias en el Condado de Miami-Dade. Kreyol: The City of Miami Beach -Success University finanse pa "The Children's Trust". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen Wan pwogram kap ameliore la Vi Ti Moun ak fanmi yo Wan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of the Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." X. 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 The City of Miami beach Page 13 of 34 Contract #903-109-1, Resolution 2009-90 Y. 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: 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 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 any of the parties hereto. 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. The City of Miami Beach MIAMI-DADE COUNTY, FLORIDA By: ign tur of A orized esent ( Type or Print Name) The Children's Trust MIAMI-DADE CO TY LORIDA by: ( S gn ur Modesto E. Abety ~l"t`-t rv~rg-tJM4G~C(1- (Type or Print Title) Date: ~ ~1 ~ `~ President and CEO Date: Approved as to form and legal sufficiency ~/~ County Attorney v Date: ~d This contract is not valid until signed by both parties THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK APPROVED AS TO FORM & LANGUAGE ts< FOR EXECUTION ~ ti`t o~ t Attorne~>~' ~ Date The City of Miami beach Page 14 of 34 Contract #903-109-1, Resolution 2009-90 ATTACHMENT A: Scope of Services The City of Miami beach Page 15 of 34 Contract #903-109-i, Resolution 2009-90 Attachment A Scope of Services Contract No. 903-109-1 Agency name: City of Miami Beach Program name: Success University 1. Program Summary (Limit to 100 words): Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success. Success University utilizes the principles of the 7 Habits of Highly Successfully People to create an operating platform that seeks to prepare youth and families for personal success, positive cohesion and economic betterment. Service components include: tutoring, family assessments, care plan coordination, Family Group Conferencing, and referrals to community-based services. Success University will have ongoing interaction and efforts toward service coordination with Eleventh Judicial Circuit Court (Truancy Court). Success University and the Youth Empowerment Network will collaborate wherever possible to maximize existing capacity and resources. 2. Target Population (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): -- - - --- ~--,---- - T---~.-T Total number of unduplicated ~~ _ Total number of participants .participants expected to: receive expected o receive Type 2 i intensive,Type l services services. (less than 3 intended Po ulation _ _ _ _ 3+ intended contacts _ _ ' .-contact) _ ` _ _ _ _ Children/Youth _ 100 500 Parents/Primary Caregivers 100 500 Other populations (e.g., staff professionals, general ublic 0 120 - Children/Youth** -Participants attend Miami Beach Senior High School. Participants are aged 13 to 18 and predominantly have indicators showing them to be at-risk as demonstrated by school absences, family stability, and economic/social attachment to community. Students are referred to the program when reported school absences indicate they have missed 3 unexcused school days. - Parents/Primary Caregivers** -Represent the parents and/or caregivers for the targeted children/youth. These adults serve as head of household and/or live within the participants' home. - Other Populations -Participants are encouraged to include friends, extended family, teachers and others in addition to their family members when engaging in the Family Group Conferencing. Services will be provided to everyone that resides in the home with the youth clients. **These is the possibility that some youth and parents at Biscayne Elementary serviced under The City of Miami Beach Youth Empowerment Network, will be referred for those unique supplemental services via Success University). 3. Program Schedule (Limit 50 words): Success University provides after-school and evening programming beginning August 1, 2009 and continues until July 31, 2010. Services will be provided after-school at Miami Beach Senior High School, evenings at Biscayne Elementary and Miami Beach City Hall and evenings and weekends in the participants' homes. 4. Service Locations: Provider Name Site Name Address Ci State ZIP Code Choices Et AI, City Biscayne Elementary 800 - 77th Street Miami Beach Florida 33141 The City of-Miami beach Page 16 of 34 Contract #903-109-1, Resolution 2009-90 of Miami Beach, Teen Job Corps & Unidad of Miami Beach City of Miami Miami Beach Senior 2231 Prairie Avenue Miami Beach Florida 33139 Beach, Teen Job High School Cor s City of Miami Miami Beach 1901 Convention Miami Beach Florida 33139 Beach Convention Center Center Drive City of Miami Miami Beach 2100 Convention Miami Beach Florida 33139 Beach Botanical Gardens Center Drive City of Miami Miami Beach City 1700 Convention Miami Beach Florida 33139 Beach Hall Center Drive Unidad of Miami Miami Beach Career 833 6th St. Miami Beach Florida 33139 Beach Center 5. Service Delivery: TYPE 1 ACTIVITIES (3 or more contacts with participants) Activities/Service Name & .Description (Include frequency, length & duration of sessions, as well as the number of Cycles expected to be offered) Provider Name Total # unduplicated participants to be served (specify if children/youth, -parents or others. Minimum # participants to be ..served (guideline is no, less than 85% -of total Expected Dosage: Minimum # of sessions a participant will complete , FCAT Preparation & General --- Studies Tutoring -Services will be offered by Reading and Math instructors after school, 2 hrs per day, for 115 days prior FCAT. Preference will be given to youth Contracted participating in the Success Instructors University program. However, Supervised by the 100 youth 85 youth 20 out of 115 other youth will be allowed to City of Miami sessions participate. Attendance will be Beach tracked for all youth attending, but outcomes will be documented solely for those Success University students. Employment Services - Services will be provided on an ad hoc basis contingent upon needs identified through care plans and will be provided to youth whose legal status are pending and would not be able to be employed otherwise. Success Teen Job Corps 25 youth 22 youth 40 out of 45 University will assist the students sessions in obtaining Individual Taxpayer Identification Numbers. Partner Provider will supervise them at all times and employ them for activities such as beach clean-up, waterwa restoration and The City of Miami beach Page 17 of 34 Contract #903-109-1, Resolution 2009-90 assistance at local festivals. Employment Services - Services will be provided on an ad hoc basis contingent upon needs identified through care plans and will be provided to youth who are eligible for employment. Students will meet one on one with Job Developers, who will provide: skills and education assessments and assistance with resume and cover Unidad of Miami 50 youth 43 youth 3 out of 3 letter preparation; appropriate Beach sessions referrals to open positions of employment in the following stages: three (3) at initial client meeting; two additional at first follow-up meeting; two additional at second follow-up meeting; and job placement. Clients are considered placed upon provision of their first a check. Care Coordination -Services will be provided on an ad hoc basis contingent upon needs identified through care plans. South Florida These various services, typically Center for Family gap services for which no Counseling, available, free remedy is found, Ayuda, Inc., will be sought by community- Unidad of Miami based agencies within the Beach & 100 youth, 85 youth 3 out of 3 Partnership as well as the community-at-large. If three or Community Involvement 100 parents , 85 parents sessions more gap services are found, Specialist Care Coordination wilt exist as a Supervised by the Type 1 activity. If substantive City of Miami changes are experienced by the Beach, among youth and/or family after a care others plan is established, a revised care plan will be created to reflect emer in needs. TYPE 2 ACTIVITIES (less than 3 contacts with participants) Activities/Service Name"'& Provider Name Total # participants o ;Total # of sessions Description be served (specify if to be offered'by (Include°frequency,`length & children/youth, provider across duration of sessions parents or others) cycles and sites School/ Parent/ Provider Meetings -These provide the City of Miami initial contact for services and Beach & 700 attendance expectations. Prior to Community 500 youth, 500 (some clients may meetings, youth/parents will Involvement parents experience 2 receive a letter requesting their Specialists meetings) presence at a school meeting (contracted) u on 3 unexcused absences. At The City of Miami beach Page 18 of 34 Contract #903-109-1, Resolution 2009-90 this meeting, school and program staff review with the child and parent that the program goal is to make sure that the youth attends school regularly. If a parent is unable or unwilling to attend the school meeting, program staff will visit the home to ensure that initial consents are received for subsequent program services that are requested or required. If deemed appropriate, ahome- based assessment is then scheduled. Subsequent school meetings will be requested if a youth experiences an additional 3 or more unexcused absences. Assessments -Clients will complete ahome-based assessment to determine service needs and natural assets. The assessment will lead to the South Florida creation of a care plan for those Center for Family 500 youth, 500 with 3 or more service needs as Counseling, Unidad parents 500 well as serve as the initial of Miami Beach, engagement and planning session Ayuda, Inc. for the subsequent Family Group Conferencing session, if applicable. Family Conferencing (1 session p/ client x 2 hours) -Family Conferencing engages youth, parents, siblings, friends, teachers and others to identify and qualify ways in which they could support the youth's personal goals including regular school attendance. This process has been successfully used by the state's juvenile judicial system to reduce recidivism and promote Choices Et AI, Inc., 400 youth, 400 positive behaviors. During the &Unidad of Miami parents & 120 other 400 conferences, priorities and values Beach family members are defined and roles are ascribed to attendees to ensure achievement or support of identified goals and values. The resulting contract establishes the framework upon which the youth is expected to achieve required school attendance as well as address any other influencing concerns. The City of Miami beach Page 19 of 34 Contract #903-109-1, Resolution 2009-90 Care Coordination -Services will be provided on an ad hoc basis contingent upon needs identified through care plans. South Florida These various services, typically Center for Family gap services for which no Counseling Ayuda available, free remedy is found, , , Inc. Unidad of will be sought by community- , Miami Beach & based agencies within the Partnership as well as the Community 300 youth, 300 300 community-at-large. If less than Involvement parents three gap services are found, Care Specialist Coordination will exist as a Type 2 Supervised by the activity. If substantive changes City of Miami are experienced by the youth Beach, among and/or family after a care plan is others established, a revised care plan will be created to reflect emerging needs. 6. Performance Measure: Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of this contract. Service Provision Outcomes: Outcomes Outcome Indicators Measur•emenf Timing (when will tools be Associated Activities Tool administered (from Service Delivery) Increase 75% of youth will ISIS School Prior school year School Meetings; school experience a reduction Attendance (benchmark); Family Group attendance in school absences Report Every 9 weeks; Conferencing compared to prior (M-DCPS) End of school school ear ear Increase 65% of targeted ISIS Grade Prior school year Family Group academic students will improve Report (benchmark); Conferencing; FCAT achievement their cumulative grade (M-DCPS) Every 9 weeks; Preparation point average. End of school ear Decrease 75% of youth will ISIS School Prior school year School Meetings; disciplinary experience a reduction Disciplinary (benchmark); Family Group referrals in disciplinary referrals Reports (M- Every 9 weeks; Conferencing compared to prior DCPS) End of school school ear ear Partnership Outcomes: - Outcomes - utcome Indicators Measurement Tool _ Timing`(when will tools be administered. Associated Activities {from Service Delivery)* Improved • 100% of ^ Executed • Upon execution ^ Intake & Assessment systems of care Partnership MOUs of contracts within City of members will have • Family Team Miami Beach an executed Conferencing Memoranda of • Adopted • Revised Understanding Policies & December 2008 ^ 7 Habits of Highly Procedures & Effective Families The City of Miami beach Page 20 of 34 Contract #903-109-1, Resolution 2009-90 ^ A Governance Governance Structure is Structure ^ Monthly ^ Care Coordination established Governance ^ Governance Board meetings Board meeting ^ The Partnership will attendance meet regularly to sheets address collective ^ Monthly (using concerns via its monthly Governing Board • Partnership progress reports) meetings Performance Ratings ^ 100% of Partners (measuring will receive a service levels, Partnership partnership Performance Rating participation, of 80% or greater at etc.) least 3 of 4 quarters of o eratin ear 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 Trust's satisfaction. Position Qualifications: Required, Duties Status (specify staff, Education' &Experience FT/PT volunteer or ' .. sub-contractor) 1 - FT Program Bachelor's or greater in Public Day-to-day program Coordinator Administration or other related field supervision, contractor and at least one year community supervision, and program involvement experience. report preparation. 1 - FT Division Director Graduation from an accredited Oversee Service Partnership college or university with a Bachelor's operations, preparation of or Master's Degree with major course Service Partership reports, work in public or business and supervision of Program administration, social services or Coordinator other related field. Experience can substitute for education on a year- for-year basis. 1 - PT Transportation Graduation with an Associate's Transportation of clients to & Support I degree or equivalent in college Family Group Conferences, credits with major course work in ordering and delivery of meals Social Work, Business, Criminal for these events, supervision Justice, Sociology or Psychology, with of attendees of these events some experience working in social who are under the age of 5. service, youth program or related field (Experience may substitute for education on a year for year basis); Valid driver's license. The City of Miami beach Page 21 of 34 Contract #903-109-1, Resolution 2009-90 1 - PT Transportation Bachelor's Degree in Education, with Transportation of clients to & Support II course work in Special Education, and Family Group Conferences, some experience in teaching the ordering and delivery of meals mentally and/or emotionally for these events, supervision handicapped OR Associate Degree in of attendees of these events a related field and experience in who are under the age of 5. training or teaching the mentally and/or emotionally handicapped OR considerable related experience. Experience must include employability skills training and job placement activities; experience can substitute for education on a year- for-year basis. Possession of a valid, appropriate driver's license and an acceptable driving record 8. Best practices Provider shall perform its duties, obligations, and services under this Contract in a skillful and respectful manner. The quality of Provider's performance and all interim and final product(s) provided to or on behalf of The Trust shall be comparable to local, state and national best practice standards. Activit Name Related`:BeSt'Practice Model Famil Trainin 7 Habits of Hi hl Effective Families Youth Trainin 7 Habits of Hi hl Effective Teens Famil Em owerment/Su ort Famil Team Conferencin Care Coordination Western New York Model The City of Miami beach Page 22 of 34 Contract #903-109-1, Resolution 2009-90 ATTACHMENT B Fiscal Requirements, Budget and Method of Payment The City of Miami beach Page 23 of 34 Contract #903-109-1, Resolution 2009-90 ATTACHMENT B FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance oavment requests The Children's Trust offers advance payments up to 15% of the total contract amount. 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 is to include the amount requested and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children's Trust's Contract Manager and Chief Financial Officer or their designee(s). Advanced funds if not used shall be invested by the Provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance payment Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by the Provider in order for an extension request to be considered by The Children's Trust. Budget revisions Budget revision(s) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form as determined by The Children's Trust. The Provider must request a budget revision to add, delete, and/or modify any line item(s). Budget revisions can not be used to modify the total contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget revisions may be approved during the contract term. Budget revision requests must be submitted sixty (60) days prior to the expiration of the Contract. Budget 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. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; the Provider shall be paid in accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Invoice Requirements The Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision(s). 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. The Children's Trust reserves the right to request any supporting documentation. A final request for payment (last monthly invoice of the contract term) from the 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, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate The City of Miami beach Page 24 of 34 Contract #903-109-1, Resolution 2009-90 documentation to support the payment. 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 auditor, or The Children's Trust discovers that an overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If the Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the Contract, 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. In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements set forth in this Contract and must be submitted on the forms as 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 shall retain any payments due until all required reports or deliverables are submitted and accepted by The Children's Trust. Supporting Documentation Requirements The Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. 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 it uses to allocate its costs. Such methodology shall be made available to The Children's Trust upon request. The City of Miami beach Page 25 of 34 Contract #903-109-1, Resolution 2009-90 GENERAL INFORMATION Organization Name Agency Fiscal Year: Program Title: AGENCY BUDGET City of Miami Beach Areas in Blue to be completed by the Agency October 1 -September 30 __ (for example: July 1 to June 30) Success University Care Coordination Program Agency Source of Funding Name of Source/ Department of Matching Funds for the Program Bud et Program Budget Agency Budget % of Agency Bud et g Trust Amount Requested__ __ $400 000.00 400,000.00 37.6% Trust Other Fundi~_ - 205,520,54 19.3% Miami-Dade Count Grants Local _ 0.0% Federal Grants _ 0.0% State Grant _ _ _ 0.0% Foundations/Charitable Funds _ 16,156.00 1.5% Cash/Fees/Other Revenue __ _______ _ 0.0% - Cash 0.0% - Pro ram Fees 0.0% - CDS Subsidies for School-Aged children 0.0% - Other 0.0% In-Kind Contributions 90,722.25 0.0% General Funds Pro ert Tax Revenue) _ 441,561.00 41.5% -- 0.0% 0.0% Total Bud et 490 722.25 1 063 237.54 100.0% 26 Attachment B, Contract #903-109-1, Resolution #2009-90 Rev 6109 Enter Agency's Name Program Budget ~oncracc Period: phi gust 1. 2009 -July 31. 2010 12 months Areas in Blue to be completed by [he Agency PROGRAM BUDGET Success Univ. Success Univ. Requested Funding Matching Funds Justification SALARIES: % Amount % Amount List Full-Time Employees Annual S 1 a arv Poi n 12 t Program Coordinator 44,417.62 100% 44,417.62 0%. 0.00$44,417.62 x 100% FTE for day-to-day program supervision, ', ',contractor supervision and program report preparations. The ,'salary is established by the City's wage studies and Is jcommensurate with the City payscale for this )ob dassiFlca[ion; ' i , , (this will be paid on a bi-weekly basis. $1708.37 per pay period x ~. _ ', ~ _.. _ _ _. - __. _ 126 pay perlods (bi-weekly) =;44,417.62 ', - `----- - - _ Division Director 123,990.90 _ r 0%', 0.001 20%- 24,798.18 12,3990.90 x 20% for Service Partnership operations, preparation I !of Service Partership reports, and supervision of Program I ~ ' _- - - - ~Csgrdinator = 524.798.18 - - --_---~ - . - 0.00 ~ -- 0.00'-~ i - 0.00 I _ ._ _ _0.00 _ - - -- -- --- -- 0.00 ------ -- I 0.00 -- - I 0.00 0.00 Full-Time Total 1.00 44,417.62 0.20 24,798.18 ~ List Part -Time/Seasonal Employees Jose Elvis Nunez/ Transportation & ___ _ _ 3,083.00 r __ ___ 0.00 _ __ ____ _ Transportation of clients to Family Group Conferences as well as ' Support I i ~ bordering and delivery of meals for these events. This wlil be paid I t ion a bi-weekly basis as services are rendered - 100 hours x _ Maria Carmela Chiovaro/ Trans ortation p 3,322.18 ~ - - 0.00 Transportation of clients to Famlly Group Conferences as well as & Support II I ordering and delivery of meals for these events. This will be paid , ~ l jon a bi-weekly basis as services are rendered - 86 hours x $38.63 i ; n/hrnv = 53322.18. .i _____- ,-- 0:00'I ~ -.__ 0.00 ' 1 ___.___.____ - O.OOh __ i -- __ 0.00 --- 1 T - - ~ -- i, - 0.00 0.00 - ---- 0.00 I ~ -- -- - -- 0.00 _ -. -- . '. . -r- --- -- - 0.00' _ _ - _ - - 0.00 r i 0.00 ~~ --- -- -- - 0.00 - 1 -~ 0.001 ~ - --- - 0.00 1~ I Part-Time Total 0.00 6,405.18 0.00 0.00 TOTAL FTESISALARIFS 1.00 550,822.80 .20 $24,798.18 FRINGE BENEFITS Fica/Mica Rate: 7.65 % ~ 3,887.94 ~'. ! 3,016.52x ! Inc. Matching funds for 20% of Division Director's salary W-Com s Rate: 3.00% P' __ __ _ _ 1,5 24.68 ~~ ~ - I 743.95 ,Inc. Matchin I g funds for 20 % of Division Director's salary Unemploy Rate: ''. _ _ _ ___ _ _ _ ~ 0.00 ~: ' _ ____ _ 0.00! Retirement Rate: 18.0_0% _! 4 06_5_.82 . ____ 1 983.85 Inc. Matching funds for 20% of Division Director's salary ; Other Specify & provide calculations ~ 2 ~ __ Health Ins. Cost per Staff 1$282.86 i 3,394.3 1,099.75 Health Insurance contribution to Program Coordinatorinatoris I per month. Grant funds are being requested for Program Cooridnator position only. The City provides the health insurance j contribution for the remaining employees at [he following match j rates: Transportation & Support I, City pays $282.86 per month / i 160 working hours = $1.768 per hour x 100 hours of work within ~i this scope =;176.80, Transportation & Support II, City pays $336.98 per month / 160 working hours = $2.106 per hour x 86 ~. hours of work within this scope = ;181.12 Division Director, City ~, pays $142.66 per pay period x 26 pay perlods = $3,709.16 i I i annually x 20% leveraged =;743.83 =;1,099.75 Life Ins. Rate: }-, j I __ Rate' I ~ _ ~ i --- TOTAL FRINGE BENEFITS ;12,872.76 ;6,844.07 TCT Fringe is 25.3287107361263% of TCT Requested Salarie OPERATING EXPENSES: Cost Cost Travel (other than participants) ~ ~ Travel (participants) I 5,800.00 Transit cards to enable after-school participation for tutoring and other services. Purchase of 200 Easy Cards for youth clients @ $2 I j l each = $400 + purchase of fares (200 youth clients at an average i i i of 27 uses each x $1 per fare) =;5,800 I Meals (participants) , 6,676.001 Full meals are provided focFamily Group Conferencing and any j ( other activity that is directly related to the program and takes I ~ place during dinner time. (400 Family Group Conferencing ~. j sessions x 3 participants each x $4.73 per person for the cost of ' j one dinner meal for each participant as per Trust guidelines and i i federal reimbursement rates) _ ;5676.00 Space (rent of a building) i __ '~ 69,OBO.O~ Use of office space in City Hall for Program Coordinator, 9" x 11" ' ~ = 99 Sq. Ft. x $36 per Sq. Ft. as per July City Commission meeting = $3,465 per month x 12 months = f41,580.00 + Use I Utilities (e.g. telephone, janitorial services) ' iof Miami Beach Botanical Garden Center for Family Group I Conferences in zip code 33139 at $350 per use x 50 uses (2 ;families per use) = 517,500 = 59,080.00 27 Attachment B, Contract #903-109-1, Resolution #2009-90 Rev 6/09 Enter Agency's Name Supplies -office (e.g. paper, printing, postage) 1,887.24 Supplies -program (e.g. curricula, books, standardised Educational Software ~ Non Capital Equipment (less than;1,000) (List each)- 10,000.00 I -~ Capital Equipment (greater than;1,000) (List each) Professional Services (List each) Ayuda, Inc. i 21,000.00 Choices Et AI, Inc, I 43,750,00 South Florida Center for Family Counseling I 35,000,00 Unidad of Miami Beach i i i i i 49,ODO.OO Teen Job Corps i 25,333.20 j FCAT/AfterschoolTUtoring I Community Involvement Specialists I 14,858.00 28,000.00 I II Program budget Flip charts for use in Family Group Conferencing sessions ($5 x 200 [1 for every 2 families served]) _ $1,000 + Markers, pens, copier paper, toner, etc. _ $887.24; _ ;1887.24 Acquisition, training and Implementation of Community OS for use by all Partner agencies to enable case management via web access. Software enables case progress review, case note collection and intra-partner client consultations. First year cos[ with training for all staff Is expected not to exceed $10,000 and will cost up to $3,000 in subsequent years. See attachment for Community OS proposal as well as that of other software companies which were considered. Provision of initial home visits and completion of Intake documents. All partners providing this service are reimbursed at the standard unit cost of $140 per family. This rate includes consideration for: 90 minutes for conducting the intake ~ appointment Including completion of assessment forms; 30 minutes for transportation to and from client home; and 30 minutes for office follow up Including distribution of referrals fora total of approximately two and a half hours per intake. (150 x $140 each) =;21,000 Provision of Family Group Conferencing facllltation and completed family contracts. All partners providing this service are reimbursed at the standard unit cost of $175 per family. This rate includes consideration for: 3 hours spent conducting the Family Group Conference; 30 minutes for transportation [o and from service site; and 1 hour for office follow up and the development of family contracts. (250 families/sessions x $175 each) =;43,750 Provision of initial home visits and completion of intake documents. All partners providing this service are reimbursed at the standard unit cost of $140 per family. This rate Includes consideration for: 90 minutes for conducting the Intake appointment including completion of assessment forms; 30 minutes for transportation to and from client home; and 30 minutes for office follow up Including distribution of referrals, for a total of approximately two and a half hours per intake. (250 x $140 each) =;35,000 i Provision of initial home visits and completion of intake documents. Ali partners providing this service are reimbursed at the standard unit cost of $140 per family. This rate includes consideration for: 90 minutes for conducting the Intake appointment including completion of assessment forms; 30 minutes for transportation to and from client home; and 30 minutes for office follow up including distribution of referrals, for a total of approximately two and a half hours per intake. (100 x $140 each) =;14,000; + Provision of Family Group Conferencing faci8tatlon and completed family contracts. All partners providing this service are reimbursed at the standard unit cost of $175 per family. This rate includes consideration for: 3 hours spent conducting the Family Group Conference; 30 minutes for transportation to and from service site; and 1 hour for ofFlce follow up and the development of family contracts. (150 families/sessions x $175 each) =;26,250; + Provision of Job Placement services for up to 50 eligible youth clients. (50 youth clients x$175 each) =;8,750 c;49,000 Supervision and wages for 25 youth clients whose legal status Is pending and would not be able to be employed otherwise. ([Florida minimum wage + worker's comp + FICA =hourly rate] $9.7926 per hour x 90 hours x 25 youth) _ $22033.80 + (Hourly cost for one supervisor at $24.44 x 135 hours) _ __ ;3299.40 =;25,333.20 FCAT preparation and general studies tutoring by certified Instructors, which takes place at Miami Beach Senior High School. ($32.3D p/hour x 2 teachers x 2 hours p/day x 115 days) _ ~. 2 contracted Community Involvement Specialists (employed part- time by Miami-Dade County Public Schools, one who works fn AM and one in PM) to serve as school representatives at all designated client/famlly encounters. CIS will be based at the school but will also be responsible for conducting home visits when parents fail to attend scheduled school meetings. CIS will also track daily client attendance and provide tracking data. They will be paid on a bi-weekly basis as services are rendered. (70U meetings [500 targeted youth and 200 follow-up meetings] x $40 each) =;28,000. 26 Attachment B, Contract #903-109-1, Resolution #2009-90 Rev 6/09 Enter Agency's Name Program Budget (Other (List each) ~_ ___ _- I 9 500 00' ~ __. I ____... - .. - ;Emergency assistance based on service partnership assessment Emergency Assistance 1, . ! , ..and approval granted by the partnerships director, governance ~ jcommlttee, and Children's Trust staff. Assistance Is limited to a one-time allotment of $150 total per a participant. 400 youth clients + 210 parent guardian clients = 610 clients x 150 per client =;91,500. ___ _-- ----- - (One lima Expenditure (List each) -- - - - -..._--- ~ --- - -- ---) _ -- - ---- ------1 I - ---~ ----. ----- ---- - TOTAL OPERATING EXPENSES: ~ 5331,804.44 ;59,080.0 Administrative/Indirect Costs (Can not exceed l0%) Program-specific Audit _ - _ -_- 1°~i a,S00.00~ ------ --------- Program-specific audit to be completed by independent auditor = i _ _ 1$4,500 _______ i TOTAL BUDGET 5400,000.00 23 % $90,722.25 TOTAL PROGRAM COST (REQUESTED FUNDING AND MATCH) must agree with Total Program Budget on Agency Budget worksheet Sa90,72z.25 29 Attachment B, Contract #903-109-1, Resolution #2009-90 Rev 6/09 ATTACHMENT C Programmatic Data and Reporting Requirements The City of Miami beach Page 30 of 34 Contract #903-109-i, Resolution 2009-90 ATTACHMENT C Service Partnership Programmatic Data and Reporting Requirements Contract No. 903-109-1 Agency name: The City of Miami Beach Program name: Success University The Provider shall submit to The Children's Trust individual participant demographics, attendance, additional output information, and outcome data, as noted in the Scope of Service (Attachment A). Reporting will include direct submission of information into the electronic web-based reporting application (Data Tracker), as well as standard paper reports, as noted below. DEMOGRAPHICS, ATTENDANCE & OTHER OUTPUTS (electronic reporting in Data Tracker; requires attendance at training and user login) Activities with 3 or more contacts with the same participant will enter: Participant Demographics (including all the items noted below), shall be entered within seven (7) days of entry into the program. All participant demographics shall be updated on an ongoing basis if and when new information is collected. • Participant Attendance shall be entered by the fifteenth (15th) day of the month following the end of each month, exclusive of legal holidays or weekends. Activities with less than 3 contacts per participant: Dates, number served, and locations (address and zip code) for each service activity delivered. • Monthly updates on the status or percent achieved toward other products or materials noted in the Scope of Service. Demographics required for CHILD/YOUTH participants with 3 or more contacts: • Is participant a parent, child, or other? • Participant's Name (last, first, middle initial) • Parent's Name (last, first, middle initial) • Street Address, City, and Zip Code • 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) • Additional/Other language(s) spoken (English, Spanish, Haitian Creole, Other) • Child's Social Security # • Child's Miami-Dade County Public Schools ID Number • Current Grade Level • Current School • Does child have a Health Insurance? (yes/no) • Does child have a Disability? (yes/no) • Documentation of Disability (Individualized Family Service Plan, Individualized Education Plan, Section 504 Plan, Medical diagnosis, Other) • If Disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, 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] • Is participant involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) or Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs)] (Optional Field) The City of Miami beach Page 31 of 34 Contract #903-109-1, Resolution 2009-90 Demoaraohics required for PARENT/CAREGIVER and OTHER participants with 3 or more contacts: • Is participant a parent, child, or other? • Number of Children in their Care (for Parents/Caregivers only) • Name of the Children in their Care (for Parents/Caregivers only) • Date of Birth of the Children in their Care (for Parents/Caregivers only) • Participant's Name (last, first, middle initial) • Street Address, City, and Zip Code • 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) • Additional/Other language(s) spoken (English, Spanish, Haitian Creole, Other) • Adult's Highest Grade Completed • Is participant involved with the Dependency system (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) or Delinquency system (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs)] (Optional Field) OUTCOMES & NARRATIVE REPORTS (Paper Reporting -Excel and Word Documents) • Outcomes Measurement and Results (Excel spreadsheet reports customized for each program/provider, based on current contract Scope of Service)-due monthly by the 15tH of each month for the previous month. • Quarterly Program Narrative Report (using standard Word document format provided by The Children's Trust) captures a BRIEF report of successes, challenges and supports needed-due quarterly by the 15tH of the month following the end of the quarter. ___ __ SCHEDULE OF REPORTS DEADLINES Required Report Reporting Due Date Frequency - --- - _.. Outcomes Measurement and Results ~ Monthly in (Excel) ~ By 15 of each month for the previous month Data Tracker Electronic Reporting of Monthly Demographics, Attendance, and other By 15tH of each month for the previous month 'outputs I ~I Quarterly Program Narrative Report Quarterly For August, September and October - (Word) ~ DUE November 15, 2009 For November, December and January - DUE Febrary 15, 2010 ', For February, March and April - DUE May 15, 2010 For May, June and July - DUE August 15, 2010 The provider shall create and/or update annually their agency and program profiles and site(s) information in the Community Resource Directory maintained by Switchboard of Miami to facilitate referrals to Children's Trust-funded services. Provider shall maintain accurate information including adding or deleting sites. Evidence that the profile(s) have been created or updated must be provided to the Contract Manager within 30 days of execution of this contract. The City of Miami beach Page 32 of 34 Contract #903-109-1, Resolution 2009-90 Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) as follows: • Submission of: (a) schedule of total expenditures, reflecting expenditures during the audit period for each The Children's Trust contract by contract number; (b) If applicable, audit of attendance or other applicable unit for contracts whereby the method of payment is the unit based method of payment as specified in Attachment B; (c) summary of schedule of prior audit findings, (d) disclosure of any significant finding(s) relating to The Children's Trust contract(s), (e) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and (f) a recommendation for a corrective action plan on any finding; • Report whether the schedule of expenditure(s) is fairly stated; • Provide notes to the schedule of expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether the provider has internal controls in place to provide reasonable assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability. of financial operations. • The auditor must include in their testing: testing of the budget versus the actual expenditure for contracts reimbursed on the cost reimbursement payment method, testing for double billing i.e. billing under The Children's Trust contract the same expenditure that is billed under another contract and/or revenue source, testing for the supplanting of funds, testing of match requirements, if applicable, and testing of attendance or other unit if the method of payment is other than a cost reimbursement payment method. The auditor's report(s) as to the program specific audit shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children's Trust contract(s) and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the provider is presented fairly in all material respects in conformity with the stated accounting policies; An opinion (or disclaimer of opinion) as to whether the schedule of expenditures is presented fairly in all material respects in conformity with the stated accounting policies; A report on internal control related to The Children's Trust contract(s), which shall describe the scope of testing of internal control and the results of the tests; A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's Trust contract(s) that includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs. The City of Miami beach Page 33 of 34 Contract #903-109-1, Resolution 2009-90 ,. ATTACHMENT E Affidavit for Level 2 Background Screenings Affidavit Affirming Compliance with Background Screening for Provider Personnel and/or Volunteers, Subcontracted Personnel, as applicable In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph Q. Employee 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 (Agency CEO/Executive Director) Authorized Provider Representative of (Provider Name) ,who being by me first duly sworn, deposes and says: Name of Contracted Provider 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. (Signature of CEO/Exec Dir/HR Dir) Date: Sworn to and subscribed before me at Miami-Dade County, Florida this day of , 2009 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: The City of Miami beach Page 34 of 34 Contract #903-109-1, Resolution 2009-90