Out-of-School Contract with The Children's TrustThe Children'sTrust
Officers/Executive Committee
Maria A. Alonso
Chair
Chet J. Zerlin
Vice Chair
Josee Gregoire
Secretary
Hon. Isaac Salver
Treasurer
Isabel Afanador, Chair
Program Services
Dr. Rosa Martin, Chair Health
David Williams Jr., Chair
Procurement
Dr. Gina Cortes-Suarez, Chair
Human Resources
Hon. Barbara Jordan, At-Large
Dr. Miguel Balsera, At-Large
The Board of Directors
Yvette Aleman
Karen Aronowitz
Dr. Kingsley Banya
Hilarie Bass
Donald I. Bierman
Khadijah Brydson
George M. Burgess
Alberto M. Carvalho
Jacqui Colyer
Bill Diggs
Dr. Thresia B. Gambon
Luis A. Gazitua
Benjamin F. Gilbert, Jr.
Mindy Gould
Dr. Nora Hernandez-Hendrix
Antoinette JG Hill
Dr. Silvia La Villa
Dr. Martin Karp
Pamela Lillard
Hon. Orlando A. Prescott
Dr. Isaac Prilleltensky
Rep. Yolly Roberson
Evelio Torres
David Lawrence Jr.
Founding Chair
Modesto E. Abety
President & CEO
County Attorney's Office
Legal Counsel
October 19, 2009
Dr. Leslie Rosenfeld
Director of Organizational Development
Office of Budget and Performance Improvement
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Out-Of-School Programs
Contracts # 924-109
Dear Dr. Rosenfeld:
aooq-Z~zz~
Enclosed is the executed Out-of-School contract for your records. If
you need any further assistance please do not hesitate to contact me
at you earliest convenience via email at: donald@thechildrentust.org
or by telephone to 305-571-5700 ext. 255.
We appreciate your commitment and look forward to continuing to
work with you and your agency in providing much need services to
the families and children of this community.
Respectfully,
~~~~~~~~
Donald P. Loutsch
Contract Manager
Attachment
3150 SW 3rd Avenue, 8`h Floor, Miami, Florida 33129 • Tel: 305-571-5700 /Fax: 305-857-9592• www.thechildrenstrust.oro
CONTRACT NO. 924-109-1
BETWEEN THE CHILDREN'S TRUST
AND CITY OF MIAMI BEACH
FOR OUT-OF-SCHOOL FY 2009-10
THIS CONTRACT, made and entered into by and between The Children's Trust whose address is 3150 S.W.
3'd Avenue, 8th Floor, Miami, Florida 33129 and City of Miami Beach hereinafter referred to as the "Provider"
whose address is 1700 Convention Center Drive, Miami Beach, Florida 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 performance 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
1. 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 pertormance measures, as well as other complete and accurate
data and programming information, will be used in the evaluation of the Provider's overall
performance.
3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be
used exclusively for Services in and for the benefit of Miami-Dade County residents.
D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract
shall not exceed $357,878.00. 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.
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Contract #924-109-1, Resolution 2009-70-A
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.
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Contract #924-109-1, Resolution 2009-70-A
6. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The
Children's Trust for lobbying any federal, state or local government or legislators.
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.
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Contract #924-109-1, Resolution 2009-70-A
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. Fails 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 app-icable). 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.
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Contract #924-109-1, Resolution 2009-70-A
b. 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.
7. 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
City of Miami Beach Page 5 of 46
Contract #924-109-1, Resolution 2009-70-A
not disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance,
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.
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.
7. 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
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Contract #924-109-1, Resolution 2009-70-A
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 1=tle 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 1•tling 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.
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Contract #924-109-1, Resolution 2009-70-A
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, pertormed 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
performance 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.
City of Miami Beach Page 8 of 46
Contract #924-109-1, Resolution 2009-70-A
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.
City of Miami Beach Page 9 of 46
Contract #924-109-1, Resolution 2009-70-A
8. Security Obligation
Provider shall maintain an appropriate level of data security for the information Provider is collecting or
using in the performance 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, duty
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 comp 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.
City of Miami Beach Page 10 of 46
Contract #924-109-1, Resolution 2009-70-A -
Provider agrees to abide by Chapter 11A 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.oov/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 performance 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.
City of Miami Beach Page 11 of 46
Contract #924-109-1, Resolution 2009-70-A
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:
City of Miami Beach Page 12 of 46
Contract #924-109-1, Resolution 2009-70-A
English:
City of Miami Beach-North Shore Park and Youth Center 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:
City of Miami Beach-North Shore Park and Youth Center esta financiado por EI Fidecomiso de
los Ninos (The Children's Trust). Et Fidecomiso de los Ninos es una fuente de financiacion,
establecida por referendum pars mejorar las vidas de Winos y familias en el Condado de
Miami-Dade.
Kreyol:
City of Miami Beach-North Shore Park and Youth Center 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 Ia 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
City of Miami Beach Page 13 of 46
Contract #924-109-1, Resolution 2009-70-A
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.
City of Miami Beach
MIAMI-DADE COUNTY, FLORIDA
The Children's Trust
MIAMI-DADE COUNTY, FLORIDA
By: by:
igna re f Au orize a sent ive) ( Si nature )
~7~a.r t~ ~ . fl'uS l , C~'D
~Ct~ ~ - ~ I~ZI~~ c rr Modesto E. Abety
( Type or Print Name)
~l"~f i-'vlf-11~ ~Ct~ t2.
(Type or Print Title)
President and CEO
Date : (Q ~ ~ ~ ~ ~;!
Date: f ~~l ~~
Approved as to form and legal sufficiency
~. ~t - ~~~
County Attorney
Date: ~ oL ~-i-
This contract is not valid until signed by both parties
APPROVED AS TO
FORM & LANAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
~ FOR EXECUTION
City Attorney (,~(~,, Date
al" 1
City of Miami Beach Page 14 of 46
Contract #924-109-1, Resolution 2009-70-A
ATTACHMENT A:
Scope of Services
City of Miami Beach Page 15 of 46
Contract #924-109-1, Resolution 2009-70-A
Attachment A
Out-of-School Scope of Services
Contract No. 924-109-1
Agency Name: City of Miami Beach
Program Name: OOS 2009-10 & Summer Camp 2010
1. Program Summary (Limit to 100 words):
The City of Miami Beach's Out of School program provides after school services to 250 general
population children ages 5-12 years old residing primarily in the City of Miami Beach. The City of
Miami Beach's Summer Camp Program services 270 general population children ages 5-12 years
old residing primarily in the City of Miami Beach. The program offers activities to the children
including physical fitness, nutrition education and homework and literacy support. Program will
make reasonable accommodations to serve children with disabilities. They will work with All
Children Together Resources Network (ACT) to develop and implement appropriate
accommodations for children with disabilities and Project RISE for behavior management.
2. Contracted Services:
After-Scho i 2009-2010 Su~mrr Cam 2010
Number of slots to be filled GP: 250 GP: 270
daily: CWD: 0 CWD: 0
Total : 250 Total : 270
Service Delivery: After-School -August 24, 2009 to )une 11, 2010
(42 weeks unless noted otherwise)
Literacy /Academics
Structured reading activities will include "Top Reader", "Read Aloud"
and "The Homework Journal Review." Coaches will assist students in
choosing literature that is reading level appropriate based on
accelerated reader scores and/or Dibels.
Literacy Activities:
Primers & Juniors: For the Top Reader Program children are allowed to
check out one book at a time from the library. Each week parents will
sign off on the books that children have read. At the end of the month
the children that have read the most books are rewarded.
Primers and Juniors: At a scheduled time during afterschool coaches
read to participants for one hour.
City of Miami Beach
Contract #924-109-1, Resolution 2009-70-A
Juniors and
2nd
Primers: lst Primers:
,
and 3~d graders rk
HJ
r
with low reading ou
nal
ability. Program Review and
takes place after Assistance 5
snack or when the days per
participants arrive. week for 30
minutes.
Primers and
Juniors: The Read Juniors and
Aloud Program primers:
takes place after Read Aloud
Homework Journal program 3
Review. times per
week for 60
minutes.
Page 16 o f 46
Primers and Juniors: Juniors are encouraged to do their homework Primers and
when they arrive. Staff will review the participants MDCPS issued ]uniors: Homework
Homework Journal to ensure that the children are doing the assigned ]ournal Review
work as referenced in the journal and to assist as needed takes place during
the School Year 5 days per
when the week 30
participants finish minutes.
snack or when
they arrive.
Curriculum Used: Top Reader Program
......
Homework Assistance will be offered daily Monday through Thursday
5 Days a
(Fridays as needed) when school is in session. week for 30
minutes.
Field Trips: During
Metro Zoo (review animal names) Spring and
Miami Children's Museum (discuss science experiments) Winter
Seaquarium (discuss different type of marine life) Breaks
Jungle Island (discuss different types of plants and wild life) Half Day
Fruit and Spice Park App. 4 Hours
Literacy] Homework Assistance, and Academic Activities Facilitators:
Recreation Leader I, Recreation Program Supervisor
Fitness
Structured physical fitness activities that promote teamwork and make
participation fun will be used. Physical fitness training includes all
Presidents' Challenge activities.
Fitness Activities:
Pacer Challenge
Ice Skating
Football, Basket Ball and Soccer Tournaments
Dancing 5 times a
Nintendo Wii Fit week for 60
Rope Jumping minutes
Running
All physical fitness activities are age level appropriate
Curriculum Used: President's Physical Fitness Challenge
Fitness Facilitator(s): Recreation Program Supervisor and Recreation
Leaders
City of Miami Beach Page 17 of 46
Contract #924-109-1, Resolution 2009-70-A
Social Skills
Program participants will learn to demonstrate age appropriate social
behavior and emotional management. Coaches will emphasize the
importance of peer relations, cooperation, communication and
leadership skills. Children will participate in group recreational games 5 times a
and activities that promote specific social skills. week for 45
minutes.
Circle games, arts and crafts, cooperative sports, etc require children
to demonstrate age appropriate social skill behavior such as sharing,
listening, taking turns, conflict resolution, etc.
Social Skilis Activities:
Circle Games
Arts and Crafts
Cooperative Sports
.....Curriculum Us._........__..........__....._._...._......._...._......_.__.......__......._........_ ..............._......_..........._............._..........................._......................_........_......._..........._....._............_...._..._........
ed In house developed _....._..................................._......._..._...................._...................... ............_........................................_..._.....__........
Social Skills Facilitator: Recreation Program Supervisor
Family Involvement
Winter Wonderland takes place in December and is an event that
involves participants in several roles including taking part in
performances as well as in supporting activities. Parents will be in Twice during
attendance watching their children perform in a variety of dances and after school
skits revolving around the joy of Winter and the Holidays.
Winter
Hispanic Heritage Festival takes place in October and is an evening Wonderland
event where participants will learn about a variety of different Hispanic in December
cultures. Children will pertorm skits and dances showcasing the
cultures of different Latino countries and will decorate costumes Hispanic
specific to different regions. Parents and families will be invited to Heritage
attend to watch their children perform. Festival in
October
Family Involvement Activities:
Winter Wonderland
Hispanic Heritage Festival
Family Involvement Activity Facilitator(s): Recreation Program
Su ervisor
Enrichment Activities:
Dance Once a Week
Arts and Crafts for 60
Holiday/Cultural Events (i.e. Hispanic Heritage, Black History, Minutes
.Hanukkah, Kwanza, etc.)
Enrichment Activities Facilitator(s): Recreation Leader II, Recreation
Program Supervisor
City of Miami Beach Page 18 of 46
Contract #924-109-1, Resolution 2009-70-A
Service Delive :Summer Cam 2010 10 weeks unless noted otherwise
Literacy /Academics
Structured reading and literacy activities will include reading aloud.
Children will have opportunity to go to the library and be read to three
times a week. Children will also be encouraged to read books at home.
Staff will assist in picking reading that is reading level appropriate.
As part of the Read Aloud program, coaches will pick out an age
appropriate book to read out loud to the children. Coaches will ~~act
Read Aloud 3
out" different characters or scenes from the book and will encourage times per
the children to participate in the story. For Word of the Week, staff will week for 60
choose a specific word that may revolve around a field trip they may minutes
be taking (i.e. ~~marine mammal" for a trip to the Seaquarium) and
discuss with the children what the word means, how to use it in a Q&A and
sentence and encourage the children to find other way to incorporate Word of the
the word.
Week 2 time
During the Read Aloud Program, campers will be given cuts out of per week for
different characters found within the story. When the character is 60 minutes.
mentioned in the story, the children will be able to identify it by
raising up in the air the characters that they have as their cut-out.
Literacy Activities:
Read Aloud
Word of The Week
Field TrIDS:
~a
Miami Seaqurium (Children K-3 Grade) Once During
Miami Children's Museum (Children K-3`d Grade)
th Kindergarten
through 6th Grade Summer
Camp for
Jungle Island (Children K-6
Grade)
each field trip
Curriculum used: In house developed
Literacy and Academic Activities Facilitator(s) Recreation Leader I,
Recreation Program Supervisor
Fitness Structured physical fitness activities that promote teamwork
and make participation fun will be used. Physical fitness training
includes all Presidents' Challenge activities. Children are taught red-
cross water safety skills and standards.
Fitness Activities: 5 times per
Pacer's Challenge week for 60
_Swimming minutes
City of Miami Beach Page 19 of 46
Contract #924-109-1, Resolution 2009-70-A
. ~ ~ .
Ice Skating
Football, Basket Ball and Soccer Tournaments
Dancing
Nintendo Wii Fit
Rope Jumping
Running
All physical fitness activities are age level appropriate.
Curriculum Used: President's Physical Fitness Challenge
Normandy
Field Trins: Pool, Twice a
Normandy Pool week for 60
minutes
SRYC Ice Skating Rink Ice Skating,
Once during
Summer
Camp
-Fitn ess....Fa _ i I i......_...._..._._...._..._._ __ __._..._..__ ............._.........---..........~_......_..._.........................._.............._...__........._............_._........._~._._._..........._....-............._.........__._........__......_
c tator(s): Recreation Program Supervisory ._...._............_................._......................_...................._............. ..........................__......................._._...................
Social Skills
Program participants will learn to demonstrate age appropriate social
behavior and emotional management. Coaches will emphasize the
importance of peer relations, cooperation, communication and
leadership skills.
Twice a Week
Circle games, arts and crafts, cooperative sports, etc require children for 60
to demonstrate age appropriate social skill behavior such as sharing, Minutes
listening, taking turns, conflict resolution, etc. If inappropriate social Per Day
skills are observed, staff will redirect child and instruct them on
positive social skills. If significant inappropriate social skills are
observed, coaches will refer participant to facility manager who will
confer with an established partner such as AYUDA for guidance.
Social Skills Activities:
Circle Games
Arts and Crafts
Cooperative Sports
Curriculum Used: In House Developed
Social Skills Facilitator: Recreation Leader II, Recreation Program
Supervisor
City of Miami Beach Page 20 of 46
Contract #924-109-1, Resolution 2009-70-A
Family Involvement
Loco Luau takes place in June and is an event that involves 1 Summer
participants in several roles including taking part in pertormance as Event, 3
well as in supporting activities. Parents will in attendance watching Hours in June
their children pertorm in a variety of dances and skits revolving
around summer fun and the Hawaiian culture.
Family Involvement Activities:
Loco Luau
Family Involvement Activity Facilitator(s):
Recreation Program Supervisor
Enrichment Activities:
Dance 3 times/wk
Arts and Crafts for 60 min/hr
Drama per day
Enrichment Activities Facilitator(s): Recreation Program Supervisor,
Recreation Leader II
Nutritious Food and Beverage Requirement: Provider will ensure that all children and youth
have a nutritious lunch and snack, at a minimum, during summer and full-day program days and a
snack during after-school and partial day program days. Weekly menus are to be posted in a
visible location at each service site.
3. Outcome Performance Measures
Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of
this contract.
a
~ ~~~ ~
4 ^}
~ •,-F -`+ s ~~} ~ t.' 9 T -:3.~ ~~._ ab '
y
.f ~ ;~ 'fir ~~l ~'~ .C, fi l~ _.
ti>:X. ..7f ,..i_ ~ -~ r A~ '3
Improve Midpoint Pertormance: 1 Minute Oral Staff will administer pre, mid and
academic skills 85% of children will improve Reading Fluency post tests; data clerk will enter
and literacy oral reading skills data into The Trust's data system;
and Office Associate will review
End-of-Year Pertormance: data for accuracy and analyze
90% of children will improve reports to assess and improve
oral reading skills program pertormance.
Improve physical Midpoint Performance: PACER Multi-Stage Coaches will administer pre, mid
health and fitness 75% of children will improve Shuttle Run and post tests; data clerk will
fitness pertormance enter data into The Trust's data
system; and Office Associate will
End-of-Year Pertormance: review data for accuracy and
85% of children will improve analyze reports to assess and
fitness ertormance im rove ro ram ertormance.
City of Miami Beach Page 21 of 46
Contract #924-109-1, Resolution 2009-70-A
Compliance, performance and outcome testing and reporting requirements are outlined in
Attachment C.
..
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Improve 85% of children will improve 1 Minute Oral Staff will administer pre and post
academic skills or maintain oral reading skills Reading Fluency tests; data clerk will enter data
and literacy into The Trust's data system; and
Office Associate will review data
for accuracy and analyze reports
to assess and improve program
performance. After School post
test will be used as summer pre
tests for both Literacy and Physical
Fitness, except for new participant
that did not participate in After
School. All participants will be post
tested.
Improve physical 85% of children will improve PACER Multi- Staff will administer pre and post
health and fitness or maintain fitness Stage Shuttle Run tests; Data Clerk will enter data
performance into data system and Office
Associate will prepare the reports
and analyze the data for accuracy
and to assess and improve
program performance. After
School post test will be used as
summer pre tests for both Literacy
and Physical Fitness, except for
new participant that did not
participate in After School. All
artici ants will be ost tested.
Compliance, performance and outcome testing and reporting requirements are outlined in
Attachment C.
4. Staff Qualifications:
Provider represents that all persons delivering the Services required by this Contract have the
knowledge and skills, either by training, experience, education, or a combination thereof, to
adequately and competently perform the duties, obligations, and Services set forth in the Scope of
Services (Attachment A) and to provide and perform such Services to The Children's Trust's
satisfaction. All persons delivering the services described herein must be included in the Staffing
Plan in Attachment B-Budget.
City of Miami Beach Page 22 of 46
Contract #924-109-1, Resolution 2009-70-A
5. Ratios:
School Year 2009/2010: 15 Children per 1 Direct Service Staff*
School Year for Children with Disabilities N/A Children per 1 Direct Service Staff*
2009/2010:
Summer 2010:
Summer for Children with Disabilities 2010:
13 Children per 1 Direct Service Staff*
N/A Children per 1 Direct Service Staff*
*Volunteers may only be counted towards the staff: slot ratio if they are screened and trained and
their work days and times match what would be required for a paid staff member in the position a
volunteer occupies.
THIS SPACE LEFT BLANK INTENTIONALLY
City of Miami Beach Page 23 of 46
Contract #924-109-1, Resolution 2009-70-A
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ATTACHMENT B
Fiscal Requirements, Budget
and Method of Payment
City of Miami Beach Page 26 of 46
Contract #924-109-1, Resolution 2009-70-A
ATTACHMENT B
FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
vance oavment reaue
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 oavmen
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.
direct 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 forteited.
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
City of Miami Beach Page 27 of 46
Contract #924-109-1, Resolution 2009-70-A
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.
THIS SPACE IS LEFT BLANK INTENTIONALLY
City of Miami Beach Page 28 of 46
Contract #924-109-1, Resolution 2009-70-A
GENERAL INFORMATION
Organization Name:
Agency Fiscal Year ;
Program Title:
AGENCY BUDGET
Areas in Blue to be completed by the Agency
City of Mfaml Beach (North Shore Park and Youth Center)
October 1-September 30 (for examp/e: Jury 1 to June 30)
After School and Summer'Camp
Name of Source/
Agency Source of Funding Department of Matching program Budget Agency Budget % of Agency
Funds for the Program Budget
Budget
Trust Amount Re uested 357 878.00 357 878.00 2.5°r6
Trust Other Fundtn
0.0%
Miamt-Dade Coun Grants LoCa/ O.t)%
Federal Grants
0 0°k
Stafe Grant
0.0%
Foundations Charitable Funds
0.0%
Cash/Fees Other Revenue
- Cash _
--- ---- CMB General Fund 1 278967.00 8 330 513.10 58'.6%
After School & Summer
- Program Fees _ ____ __ _ Cam 107 250.00 1 554 010.00 .10',9
- CDS Subsidies for School-Aged children
-- 0:0%
Internal Charges General
- tither Fund 995 000.00 3 980 884.90 28.0%
Fn-Kind Contributtons
0.0%
0.0%
0.0°h
0.0%
Total Bud et 2 739 095.00 14 223 286.00 100.0
Attachment B, Contract #924-109-1, Resolution #2009-70-A 29 of 46
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City of Miami Beach
Staffing Plan
staffing Plan must EXACTLY match the paid and in-kind staff, volunteers, consultants and sub-contractors described in
4ttachment A and listed in the Program Budget. Add or delete rows and adjust links to the Program Budget as necessary.
If addldonal rows for staff
~dsltfons wEre added lt1 #tx ". .
'rogr'am audget ptee5~ add
owg below.#n tC~~. Bpp"roptl~te _ .
~e~tlytr~sntl iadj~rsfi~e,llnft~to.
he Progta~ti Brjdq~#. .
List Full-Time Employees
Recreation Leader I
Recreation Leader II
Recreation Program
Supervisor
Recreation Supervisor I
Office Associate III
~
~ ~
~iQ`''
µf
_ 4
h
z 1;
3 `~ ~ ..5.. ~`
;~
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`-
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~~ , ,~, day ~ ~ ~ _ . t -
Two months experience teaching Oversee groups of approximately 20
or leading group recreational or children. Lead program activities.
educational experience of Conduct and organize recreational
3 Yes 3 Yes completed one college level activities which may include music,
course in recreation, physical dance, art and crafts, film, cultural
eduaction, art, health, music, events, nature studies, social
theater or equal. recreation, sports and games.
Two months experience teaching Directs and oversees all activities and
or leading group recreational or .programs for afterschool and
2 No 2 No educational experience of summer. Position supports North
completed one college level Shore Recreation Facility.
course in recreation
One year full time experience in 'Directs and oversees all activities and
supervision in public park. and programs for afterschool and
recreation services.. ummer. Assists in the scheduling of
activities. Oversees registration
process. Approves scholarship
2 No 2 No applications. Schedules organizes and
directs special events. Assists in the
scheduling of activities. Keep parents
informed about upcoming
.events/news.
Two years full time verifiable in Assists in the planning and
the supervision of public park organization of city wide recreational
and recreation services. An activities. Recommends the
associates degree in Recreation. employment or dismissal of
subordinate personnel. Assists in the
planning and leading of in-service
training programs. Plans, organizes
1 No 1 No and supervises assigned phases of
recreation programs. Participates in
the .public relations program relating
to recreational functions. Instructs in
various recreational activities. Assists
in budget review of assigned
activities,
Administrative support, Compiles and inputs data for grant.
experience including Anssists in .preparing reports to the
1 No i No maintehance of detailed filing Trust. Assists supervisors with
system. collecting invoices, coodinating
activities and staff erelate issue.
Attachment B, Contract #924-109-1, Resolution #2009-70-A 34 of 46
City of Miami Beach
Staffing Plan
.f
IF add~onai rows f't3r staff
positions Were dddi:d.I1t ki1e~
P
0
~ud
tt
lc'e
d
j V~
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~
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a
Rpropriate '
seption ar~d adjust tfae llt'flt6 to - 1w7r
- f ~ N 7~
~
y J, -<
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k
~
` ;~ +1'i~111~lf11G-Ai;
the P.nrtrarri ~u
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f_= ~. ~
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N ~~~. } - _ ~ _~
- ~ 1t'~` Sf '
E
c
Bachelor's degree in Recreation, This is higly responsible supervisory
Physical Education. or related and administrative work in organizing
field. Three years verifiable and managing specific sites within a
. :experience in the supervision of regional geographic area, special
public parks and recreation activities of the Parks and Recreation
services. Department. Experienced recreation
and child/youth development
Supervisory experience in at manager with 7 years of supervisory
Program Director (Facility least one of the following areas: experience, assisting the
Manager) 1 No 1 No athletics, youth programs, administration in the overall direction
therapeutic recreation, of the Division to include, but not
aquatics/pool operations, tennis limited to, budget preparation and
centers, adult programs administration, purchasing payroll,
maintenance of open park areas constract bids, performance
and/or theme events evluations, capital improvement
projects and personnel issues.
Two months experience teaching Oversee groups of approximately 20
or leading group recreational or children. Lead program activities.
educational experience of Conduct and organize recreational
Recreation Leader I 1 No 1 No completed one college level ` activities which may include music,
course in recreation, physical dance, art and crafts, film, cultural
eduaation, art, health, music, 'events, nature studies, social
theater or equal. recreation, sports and games.
One year full time experience in Directs and oversees all activities and
supervision in public park and programs for afterschool and
recreation services. summer. Assists in the scheduling of
activities. Oversees registration
Recreation Program process. Approves scholarship
Supervisor i No 1 No applications. Schedules organizes and
directs special events. Assists in the
scheduling of activities. Keep parents
informed about upcoming
- - --- -- events/news.
Two months experience teaching Directs and oversees ail activities and
or leading group recreational or programs for afterschool and
Recreation Leader II 4 No 4 No educational experience of summer. Position supports North
completed one college level Shore Recreation Facility.
course in recreation.
Six months experience of Advanced manual labor duties of a
performing manual labor duties skilled and semi-skilled nature. Assists
Municipal Service Worker 2
1
No
1
No of asemi-skilled nature. in the construction, maintenance,
cleaning and repair of installations
and facilities. Position supports North
Shore Recreation Facility.
Attachment B, Contract #924-109-1, Resolution #2009-70-A 35 of 46
City of Miami Beach
Staffing Plan
r i i
If agdlt~ondl rows"Spr Stdfi =
" i ~ ~r
p6sition5 w
erg 3~dt~8c}=in tfi3~
Progtairlr ~~t a ~~~
rows b~tow i
~ i
3 ~
~~
fir'
r~~ ~
~
~~- ,,
'~ '~ ~~ s
tiE ~ ~~ ' , ,~~~ ' ~ s ~
~~ ~:~1tc~ifs!r~
1 r ~ r ,
~} ~ ~ n ~ rea~~~i~
~ ~ ~ ~q~~~tf
~~ 5...
~
~ ~
seci)oct a~tt1}~u~ s 3~,~~ y ~ r l ~r;~~=_ ~.` ~
'~~~ ~ a
~ ~ ~~ ~ ~:. ~ b~``~ it<7!1.:
x _, , ~H i~lifl
~
of ~
Six months experience Advanced manual labor duties of a
performing manual labor duties skll'led and semi-skilled nature. Assists
of asemi-skilled nature. in the construction, maintenance,
Municipal Service Worker 3 4 No 4 No cleaning and repair of installations
and facilities. Supervises unskilled
personnel. Position supports North
Shore Recreation Facility.
18 months full time clerical Works directly with the public in
experience. disseminating information and
collecting revenue for program
Customer Service activity fee and food products. Assists
Representative 1 No 1 No in the registration process of the
summer and after school programs.
Keeps line of communication with
parents regarding registration
:requirement.
18 .months full .time clerical Custodial and clerical work operation
Concession Attendants 3 No 3 No experience. a concession stand. Position supports
North Shore Recreation Facility.
List Part-Time /Seasonal --- -~--
Em_ Ip ogees ----------- --- - -
Two months experience teaching Oversee groups of approximately 20
or leading group recreational or children. Lead program activities.
educational experience of Conduct and organize recreational
Recreation Leader I 3 Yes 3 Yes completed one college level activities which may include music,
course in recreation, physical dance, art and crafts, film, cultural
eduaction, art, health, music, events, nature studies, social
theater or equal. recreation, sports and games.
Two months experience teaching Oversee groups of approximately 20
or leading group recreational or children. Lead program activities.
educational experience of Conduct and organize recreational
Recreation Leader I (Temp) 16 No completed one college level acflvities which may include music,
course in recreation, physical dance, art and crafts, film, cultural
eduaction, art, health, music, events, nature studies, social
theater- or equal. recreation, sports and games.
Two°months experience teaching Oversee groups of approximately 20
or leading group recreational or children. Lead program activities.
educational experience of Conduct and organize recreational
Recreation Leader I 16 Yes 15 Yes completed one college level activities which may include music,
course in recreation, physical dance, art anal crafts, film, cultural
eduaction, art, health, music, events, nature studies, social
theater or equate recreation, sports and games.
Attachment B, Contract #924-109-1, Resolution #2009-70-A 36 of 46
City of Miami Beach
If addti:farial-rows for statff
pOSltioyfs.vfe~adq~°!n ffle,
Pragt-bhi $ud~e~t:, p->;~g~ acid,;
rows b~etaw,tn ~e a~iroprta~g
sactron an~_3djvst the 1(nKS t
the t~grarn t3tac~pet,
Recreation Leader I
List Profe
Services/
Winter Wonderland
Loco Luau
Staffing Plan
., ~ - ~-
;'} i 7
t r: y ,, r,.
Two months experience teaching Oversee groups of approximately 20
or'leading group recreational or children. Lead program activities.
educational experience of Conduct and organize recreational
4 No 5 No completed one college level activities which may include music,
course in recreation, physical dance, art and crafts, film, cultural
eduaction, art, health, music, events, nature studies, social
theater or equal. recreation, sports and games.
Attachment B, Contract #924-109-1, Resolution #2009-70-A
37 of 46
ATTACHMENT C:
Programmatic Data and Reporting
Requirements
City of Miami Beach Page 38 of 46
Contract #924-109-1, Resolution 2009-70-A
Attachment C
Programmatic Data Reporting Requirements
The Provider shall submit to The Children's Trust individual participant demographics, attendance, and
outcome data for all children participating in the program as noted in the Scope of Service (Attachment
A). Reporting will include direct submission of information into the electronic web-based reporting system
(Data Tracker), as well as outcome, narrative, and satisfaction survey reports, as noted below. Use of the
Data Tracker System requires staff attendance at training and user login.
Minimum standards for performance are described in the sections below. The Children's Trust reserves
the right to evaluate provider performance against the minimum standards and to reward providers
exceeding the standards and to impose remedies on providers performing below the minimum standards.
PARTICIPANTS
Eligibility.- Children eligible for The Children's Trust funded Out-of-School programs will be school-age
children ages 5 to 18 years. In addition, children with disabilities ages 18-22 who are enrolled in K-12
programs and have not achieved a standard diploma may be served with Trust funding through the
school year in which they turn 22.
Demographics -Children's demographics (including all the items noted below), shall be entered into
the Data Tracker System within seven (7) days of program enrollment. All children's demographics
shall be updated on an ongoing basis if and when new information is collected (i.e. new address,
grade level, school).
The demographic characteristics of the population served are an estimate by the provider based upon
the provider's stated target population. Compliance with this demographic characteristic will be
measured at The Children's Trust's election during the year and is considered to be a material term of
this cbntract.
Demographic information required for all children in attendance:
• 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
• Child's Current Grade Level
• Child's Current School
• 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, diagnosis by a state
certified/licensed professional, disability disclosed by the parent or guardian)
• 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]
Children with Disabilities -The Children's Trust requires that programs will serve children with
disabilities, regardless of disability type or level, provided they can be safely and reasonably
accommodated.
City of Miami Beach Page 39 of 46
Contract #924-109-1, Resolution 2009-70-A
ACTIVITIES
• Provider will ensure that approximately 75% of the program's operating hours are
accounted for in planned activities.
• A representative Daily Schedule of Activities for each period contracted must be provided to
The Trust during negotiations and shall reflect the activities, frequency, and intensity as
outlined in Attachment A. Provider may modify the schedule(s), however, modifications that
alter the type, frequency, intensity, and/or duration of the activities described in Attachment
A will require a contract amendment. The current Schedule of Activities is to be posted in a
visible location at each service site.
ATTENDANCE
Attendance refers to the actual number of children (with at least one day of attendance)
participating in a program during a specific time frame. All children must have their
demographic information entered in the Data Tracker System before they can be assigned
credit for attendance. These children are enrolled and expected to regularly attend during
after school days (not Full Days and/or Saturdays only) and/or summer camp days.
The Children's Trust recognizes that the number of children participating throughout the
contract year may be higher than the number of contracted slots filled on a daily basis, and
that not all children will attend their program every day. However, material compliance with
this contract requires that during any measurement interval selected by The Children's
Trust, 85% of the daily slots are occupied.
Attendance Compliance:
Participant attendance for a given month shall be entered into Data Tracker by the
fifteenth (15th) of the following month, exclusive of legal holidays or weekends.
Attendance Requirements:
Days of Service -Refers to the number of days contracted to be delivered by
providers during the school year and/or summer time. The Utilization Report in the
Data Tracker System identifies this as, "Total offered sessions." During the school
year 180 after-school days of service must be offered, and a minimum of 6
consecutive weeks (29 days) must be offered during the summer.
Average Attendance Per Day -Refers to the sum of the number of children in
attendance each day during a specil=lc time period, divided by the total number of
days in that time frame. All children with at least one day of attendance are counted
towards the average attendance per day. This calculation tells us, on average, how
many of the program's contracted slots/seats are filled on any given day. A minimum
of 85% of slots contracted for participating children will be occupied on a daily basis.
Retention Rate -Refers to the average number of days each child has attended the
program based on the child's first day of attendance. The retention rate speaks to
participant engagement. The total days of attendance for each child is divided by the
actual number of program days offered between the child's first and last days of
attendance. Only children enrolled in the program for at least 60 calendar days will
be included in the school year retention rate calculation. This ensures that retention
for each child is calculated based on the maximum number of days that each
individual child can attend the program. Participants are expected to attend a
minimum of 60% of program days offered (3 out of 5 of weekly sessions).
Utilization - Calculates the total utilization for each indicated output. "Actual"
utilization is calculated by summing the total number of days attended by all
participants (with at least 1 day of attendance). "Proposed" utilization is based on
the total number of proposed or contracted slots multiplied by the total number of
proposed sessions. The actual utilization during the selected time frame is then
divided by the proposed utilization. In short, this percentage will tell you how often
each output is being accessed/used by participants. The Trust requires that
providers complete a minimum of 85% of the units of service contracted
(child/days).
City of Miami Beach Page 40 of 46
Contract #924-109-1, Resolution 2009-70-A
OUTCOME TESTING
The purpose of evaluation is to promote improvements in outcome achievement and facilitate
changes in program practices that result in better outcomes. To that end, we expect that all
children will be evaluated and that all children (and programs) can improve as result. All
children attending OOS programs must be tested using the Oral Reading Fluency (ORF) to
assess oral reading skills, and results must be entered in the Data Tracker System. If a fitness
outcome is part of the contract, the Progressive Aerobic Cardiovascular Endurance Run (PACER)
must be used, and results must be entered in the Data Tracker System.
However, the original format of ORF and PACER may not be appropriate for all children with
disabilities. In most cases, The Trust requires that adaptations are made to the ORF and/or
PACER assessments. To address specific goals that are unique to the needs of a given
individual, alternative assessments are conducted for individuals who are incapable of
responding or performing via the standard (or even adapted) ORF and/or PACER assessment
methods. Alternate measures will be identified during contract negotiations, and if needed,
alternate outcome indicators will be developed based on previous performance levels.
Data for assessments other than ORF and PACER must be reported in a customized Excel
spreadsheet, the Outcome Measures and Results Report. This report is submitted electronically
to The Children's Trust by the applicable report due dates outlined in this document.
Testing Compliance -For all outcomes contracted, administration must be as follows:
School Year
• Pre-test - 100% of children will be tested within 30 calendar days of enrollment,
regardless of when enrollment occurs.
• Mid-point test - 100% of children with at least one day of attendance between December
1St and January 15th must be tested within that timeframe.
• Post-test - 100% of children with at least one day of attendance between May 1 and May
31 must be tested within that timeframe. Post-tests are also to be administered to
children who withdraw from the program during the year when prior notice is given.
Summer
• Pre-test - 100% of children will be tested within 14 calendar days of their first day of
attendance, regardless of when enrollment occurs. Post-tests administered in the after-
school program may serve as pre-tests for returning children if they were administered
within 2 weeks of the child's starting date in the summer camp program.
• Post-test - 100% of children in attendance will be tested during the final 14 calendar
days of the summer program or no later than July 31St if the Provider will not be funded
by The Children's Trust for Out-of-School services after that date. All children in
attendance for at least one day during the test administration timeframe are required to
be tested.
Data Entry Requirements -Scores for the Oral Reading Fluency (ORF) and the Progressive
Aerobic Cardiovascular Endurance Run (PACER) test shall be entered in Data Tracker as follows.
If the due date falls on a weekend/holiday, then reports are due the following business day.
School Year
• Pre-test - By the fifteenth (15th) day of the month following the month in which the tests
were administered
• Mid-test - By January 31, 2010
• Post-test - By June 15, 2010
Summer
• Pre-test - By the fifteenth (15th) day of the month following the month in which the tests
were administered
• Post-test - By September 15, 2010
City of Miami Beach Page 41 of 46
Contract #924-109-1, Resolution 2009-70-A
Matched Sets Compliance -Matched sets refer to those children with at least 2 tests within a
review period.
School Year
• 90% of children enrolled for 90+ days by January 15th will have been tested at least
twice (based on number of calendar days between the first day of attendance
through January 15, 2010).
• 95% of children enrolled for 90+ days by May 31st will have been tested at least
twice (based on number of calendar days between the first day of attendance
through May 31, 2010).
Summer
• 90% of children enrolled for 30+ days by the end of the program will have been
tested at least twice (based on number of calendar days between the first day of
attendance through the last day of the program)
Outcome Achievement - Providers are expected to meet the following performance
standards on the ORF for oral reading skills, PACER for fitness performance, and social skills
measures. Data for all children with matched sets will contribute towards these
performance goals:
School Year
• 85% of children will improve oral reading skills at the mid-point; 90% at end-of-year
• 75% of children will improve fitness performance at the mid-point; 85% at end-of-
year (if contracted)
• 85% of children will improve social skills at the mid-point; 90% at end-of-year (if
contracted )
Summer
• 85% of children will improve or maintain oral reading skills
• 85% of children will improve or maintain fitness performance (if contracted)
• 85% of children will improve or maintain social skills (if contracted)
QUARTERLY PROGRAM NARRATIVE REPORT
The Program Narrative Report captures a report of program's successes, challenges, support
needed, incidents, and volunteer participation. A standard Word document format is
provided and available in the Trust website for download. The report must be submitted
quarterly to The Trust.
SATISFACTION SURVEYS
Satisfaction surveys must be administered to 100% of children, youth, and their parents
once during the school year in March and once during the summer. Providers have two
options to administer the surveys to children, youth, and parents:
1. Online through Survey Monkey -Children and parents may opt to take the survey
online. This is the recommended option due to ease of administration and reporting.
2. Paper and pencil - Give a hard copy to each participant and his/her parent(s).
Providers must enter all satisfaction survey results in the standard spreadsheet found
at:httn://www.thechildrenstrust org/index php?option-com content&view-article&id
=286&Itemid=304 and submit electronically to The Trust.
TRAINING AND QUALITY IMPROVEMENT
The Children's Trust offers a variety of trainings on important topics to improve service
delivery and contract compliance, enhance administrative capacity, and support program
and employee development. The Provider is required to ensure attendance by appropriate
agency and/or program staff at the following trainings annually: Oral Reading Fluency,
Progressive Aerobic Cardiovascular Endurance (PACER), Data Tracker System, School-Age
Care Environmental Rating Scale (SACERS), New and Renewal Contract Development and
Contract Management trainings, Quarterly Provider Meetings, and other topical trainings
offered throughout the year. In addition, full participation is required with Project RISE, the
All Children Together (ACT) Resource Network, and other Trust-funded initiatives that may
be appropriate.
City of Miami Beach Page 42 of 46
Contract #924-109-1, Resolution 2009-70-A
Project RISE jhttp: //cps. nova. edu/projectrise,~)
The Children's Trust requires that providers fully participate with Project RISE (Research,
Inspiration, Support, and Evaluation), a quality improvement initiative offered to support
and improve Trust-funded out-of-school services. The major components of Project RISE
include:
• Training and dissemination of local program quality standards, as well as support
for participant outcome evaluation and measurement (including for the required
Oral Reading Fluency and PACER testing);
Support of program quality assessment and improvement planning using the
School-Age Care Environmental Rating Scale (SACERS) -the required quality
monitoring tool for self-evaluation and improvement; and
Provision of group and individual provider training, technical assistance, supports
and incentives for ongoing quality improvement, including specific guidance on
developmentally-appropriate and culturally competent program activity design and
implementation, curriculum choices, and content consultation (e.g., specific
reading, fitness, social skills activities), as well as expert consultation to align
program resources and outcomes to Trust standards.
All Children Together (ACT) Resource Network (http://ccdh.org/act/about acts)
The Children's Trust requires that providers will attend trainings to educate them about
the inclusion of children with disabilities as required from time to time during the
contract year. Inclusion requires that programs will be appropriately adapted to meet
the needs of all participating children. The All Children Together (ACT) Resource Network
is a resource available to offer training, technical assistance, mentoring, and consultation
regarding provision of services to children with disabilities.
REPORT DUE DATES
Due .Date What to Re :art
1. Outcome Measures and Results Report:
October 15, 2009 Initial Report (Number of Pre-tests
administered) (Excel, if applicable)
2. Pro ram Narrative Re ort Word
1. Outcome Measures and Results Report: Mid-
School Year January 31, 2010 Year Report (Excel, if applicable)
2009-2010 2. Pro ram Narrative Re ort Word
1. Program Narrative Report (Word)
April 15, 2010 2. Satisfaction Survey Results (Excel and/or
Surve Monke
1. Outcome Measures and Results Report: End-
)une 15, 2010 of-Year Report (Excel, if applicable)
2. Pro ram Narrative Re ort Word
1. Summer Outcome Measures and Results
Summer Camp September 15, Report (Excel, if applicable)
2010 2010 2. Summer Program Narrative report (Word)
3. Satisfaction Survey (Excel and/or Survey
Monke
Ti f{. e. J.... J.=. i-~~- .
_~ ~~~~ ..ac uaaa ~a~~a v~~ a wCeKena/ riOllQay, tnen reports are due the following business
day.
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.
City of Miami Beach Page 43 of 46
Contract #924-109-1, Resolution 2009-70-A
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.
City of Miami Beach Page 44 of 46
Contract #924-109-1, Resolution 2009-70-A
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 afhant 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 (AQency 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.
Date:
(Signature of CEO/Exec Dir/HR Dir)
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:
City of Miami Beach Page 45 of 46
Contract #924-109-1, Resolution 2009-70-A
Attachment F
Performance Improvement Plan
Contract No. 924-109-i
Agency Name: City of Miami Beach
Program Name: 09/10 Out of School and 10 Summer program
Performance Improvement Plan
By this attachment a performance improvement plan will remain a part of this contract until the Provider has
corrected all deficiencies, as solely determined by The Children's Trust.
Provider agrees that any findings, reports and underlying work papers will be subject to complete review by
The Children's Trust.
Provider agrees to comply with and implement the Performance Improvement deliverables as listed below as
part of a plan approved by The Children's Trust.
Failure of the Provider to comply with the Performance Improvement Plan will be a material breach of this
contract as defined in Section I.
~Capiacity : Noteti Def(ciefncies Action Plan:. Due. Dete
Pro rammatic
Provider's daily attendance Plan: Provider must develop and Plan:
and/or utilization rate is low for implement a service and within 30 days
the following period(s): recruitment plan that is likely to of execution
Average Dail~Attendance increase the number of participants
Slots served on a daily basis (daily slots)
After School Days 08-09: and assure that proposed days of
232.22% service are offered in order to
School Full Days 08-09: improve utilization.
139.9% Performance:
Reported by
Performance: Provider will 12/15/09 in
Utilization: demonstrate an 85% Average Daily DTS
After School Days 08-09: Attendance Rate and an 85%
70.66% Utilization rate by November 30,
School Full Days 08-09: 41.0% 2009 as reported by December 15,
2009 in the DataTracker System
(DTS).
Provider's retention rate is low Plan: Provider must develop and Plan:
for the following period(s): implement a retention plan that is within 30 days
After School Retention Rate: likely to improve the overall of execution
34.5% retention rate by increasing the
average days of attendance per
participant.
Performance:
Performance: Provider will Reported by
demonstrate a 60% retention rate 12/15/09 in
(at a minimum) by November 30, DTS
2009 as reported by December 15,
2009 in the DataTracker System
DTS .
City of Miami Beach Page 46 of 46
Contract #924-109-1, Resolution 2009-70-A