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Agreement
Officers /Executive Committee Maria A. Alonso Chair Chet J. Zerlin Vice Chair Dr. Josee Gregoire Secretary Hon. Isaac Salver Treasurer Isabel Afanador, Chair Program Services Dr. Rosa Martin, Chair Childhood Health and Development Dr. Gina Cortes- Suarez, Chair Human Resources Hon. Barbara Jordan, At -Large Dr. Miguel Balsera, At -Large David Williams Jr., At -Large The Board of Directors Yvette Aleman Karen Aronowitz Donald I. Bierman Rep. Esteban L. Bovo George M. Burgess Alberto M. Carvalho Jacqui Colyer Bill Diggs Carolyn Donaldson Dr. Thresia B. Gambon Luis A. Gazitua Benjamin F. Gilbert, Jr. Dr. Nora Hernandez- Hendrix Antoinette JG Hill Dr. Martin Karp Pamela Lillard Carolyn Y. Nelson - Goedert Dr. William E. Pelham Sheila Plana Hon. Orlando A. Prescott Dr. Isaac Prilleltensky Evelio Torres David Lawrence Jr. Founding Chair Modesto E. Abety President _ &- CE O County Attorney's Office Legal Counsel January 26, 2011 Ms. Maria Ruiz City of Miami Beach 1700 Convention Ctr. Drive Miami, FL 33130 Re: Service Partnership Contract # 1179 -1090 Dear Ms. Ruiz: Enclosed, please find the above mentioned fully executed contract for your records. If you have any questions please feel free to contact me at 305 - 571 -5700. Sincerely, Rachel Spector Contract Manager 3150 SW 3rd Avenue, 8 th Floor, Miami, Florida 33129 • Tel: 305 - 571 -5700 / Fax: 305 - 857 -9592• www.thechildrenstrust.oro FY 2010 -2011 CONTRACT NO. 1179 -1090 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI BEACH FOR SERVICE PARTNERSHIP THIS CONTRACT, between The Children's Trust whose address is 3150 S.W. 3 rd Avenue, 8 th Floor, Miami, Florida 33129 and The City of Miami Beach hereafter "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 for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties ") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from November 1, 2010 through October 31, 2011 subject to funding availability and Provider's performance. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re- negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services ", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for services in and for the benefit of Miami -Dade County residents. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $300,000.00. The Parties agree that should available funding to The Ch Trust be reduced, the amount _ _ u _this _Cont will _be_ red at the sole o of The Children's Trust. Provider agrees to adhere to Other Fiscal Requirements, Budget and Method f of Payment outlined in Attachment B_to this Contract. City of Miami Beach Page 1 of 38 Contract #1179 -1090, Resolution 2011 -007 E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, 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 as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by and currently available from local and state funding sources for the same purpose. A violation of this section 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 as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in this Contract (see Section K. Insurance). Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider, must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at. the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within 5 business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust of the capital equipment. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract, within 30 days of its execution. All sub - contractors of Provider must agree to be monitored by Provider and /or on behalf of The Children's Trust in the same manner as Provider under the terms of this contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program, and /or fiscal issues. Provider waives any and all claims, demands, and /or legal action based upon any such communications. Provider shall be responsible for all Services- performed, __and _ all_ expenses__ incur_ red under this____ Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract, and Provider shall be solely liable under any subcontract. Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or actions related to any subcontract. City of Miami Beach Page 2 of 38 Contract #1179 -1090, Resolution 2011 -007 The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and /or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any Subcontractor must be currently qualified to do business in the State of Florida at the time that a subcontractor agreement is entered into and services are rendered. 5. Religious Purposes Providers and /or their faith -based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection t herew ith and sh all investiga and defend all claims, s uits or actions of any kind or nature - in the name of The Children's Trust, — where applicable, - including appellate — proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents. City of Miami Beach Page 3 of 38 Contract #1179 -1090, Resolution 2011 -007 The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA /MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data /materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; C. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract; g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports; h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; - - i. Refuses - to allow - The Children's Trust access - to -- records - or refuses - allow The-Children's-Trust - -- to monitor, evaluate and review Provider's program, including required client data; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; City of Miami Beach Page 4 of 38 Contract #1179 -1090, Resolution 2011 -007 I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; M. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in 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 Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. (Attachment F, if applicable). Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in,this Contract, but Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and /or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by Provider as condition precedent to resumption of any payments and shall specify a reasonable date for Provider's 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 Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and /or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension including reasonable attorney's fees. C. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and /or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and /or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying - the -- effective date- of- - -- termination, which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and /or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such City of Miami Beach Page 5 of 38 Contract #1179 -1090, Resolution 2011 -007 termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Provider shall have Provider's insurance agent(s) provide to The Children's Trust within 30 days of contract - execution, Certificates of Insurance or, if applicable, a letter of self- insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as required by Florida law for government entities. Provider must comply with this requirement; failure to comply is a material breach of this Contract. 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 and effect for the term of this Contract. The Children's Trust will not disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance or letter of self- insurance and The Children's Trust has approved such documents. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance covering all employees, non - incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have worker's compensation coverage or a valid State of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining Worker's Compensation insurance, the Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. The employer's liability portion will be $500,000/$500,000 /$500,000 as a minimum. 2. Comprehensive General Liability insurance, to include sexual molestation, in an amount not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless Provider can provide 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 Inju b. - Property Damage; C. No exclusions for Abuse, Molestation or Corporal Punishment; d. No endorsement for premises only operations. 3. Automobile liability coverage for all owned and /or leased vehicles of Provider and non -owned coverage for their employees and /or sub - contractors and transportation companies transporting City of Miami Beach Page 6 of 38 Contract #1179 -1090, Resolution 2011 -007 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 when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. Transportation companies used by the Provider for the funded program must list The Children's Trust as a certificate holder and as an additional insured. 4. Automobile liability coverage for all owned and /or leased vehicles of Provider and non -owned coverage for their employees and /or sub - contractors not transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. 5. - If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants.. 7. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership, of. the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3r Avenue, 8 Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class 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. - - - -- Provider and-,or-Provider's-insurance-agent, -as-applicable, - shall-notify The-Children's Trust,- in- writing, -- - - - - - -- of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date except for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. City of Miami Beach Page 7 of 38 Contract #1179 -1090, Resolution 2011 -007 In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, 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 Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust: The Internal Revenue Service (I.R.S.) tax status determination letter; The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6), months after Provider's fiscal year end or other appropriate filing period permitted by law; If required by applicable law to be filed by Provider, IRS 941 - quarterly federal tax return reports within thirty -five (35) calendar days after the quarter ends and if applicable, state and federal unemployment tax filings and if the 941 and unemployment tax filings reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its President /CEO. It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under this Contract; mailing address, and /or telephone number. N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Contract, consistent with Florida laws. 1. Accounting records Provider shall keep accounting records 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 City of Miami Beach Page 8 of 38 Contract #1179 -1090, Resolution 2011 -007 completion of the action and resolution of all issues which arise from it or until the end of the regular retention period, which ever is later. 2. Financial audit and program specific audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit, performed by an independent certified audit firm that 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 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. In the event that the independent auditor does not disclose audit findings, Provider shall submit 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, Provider agrees to have a program- specific audit relating to The Children's Trust contract(s), in addition to the annual financial audit. 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 will be exempt from the program- specific audit requirement in the fiscal year that the audit threshold is not met. 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 Provider. A copy of the engagement letter, along with the audit completion date and any concerns from the auditing firm in relation to the audit, must accompany the request. Approved extension requests allow for the continuation of payment until such time that the extension expires. The financial audit and other financial information will be used in the evaluation of Provider's performance and Provider's overall fiscal health. 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. 4. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled- and/or -u nscheduled-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 City of Miami Beach Page 9 of 38 Contract #1179 -1090, Resolution 2011 -007 monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. S. 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 (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring /review and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 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, verification of education, 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 and as required by this Contract; all upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the 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.. Provider shall specifically require all sub - contractors to comply with this paragraph. - 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 City of Miami Beach Page 10 of 38 Contract #1179 -1090, Resolution 2011 -007 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. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in - direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System ( MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, or subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and /or sub- contractors files. An Attestation or Affidavit of Good Moral Character, as applicable, must be completed annually for each employee, volunteer, and subcontracted personnel who work in direct contact with children. Provider shall re- screen each employee, volunteer and /or subcontractor every five years. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE- - - - - - -- - 1. Non- discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, City of Miami Beach Contract #1179 -1090, Resolution 2011 -007 Page 11 of 38 national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 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.gov/ 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. S. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business - in the State of- Florida - both - prior -to- and - during- the - contract term- with- The Children's Trust._ -- - 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of f City of Miami Beach Page 12 of 38 Contract #1179 -1090, Resolution 2011 -007 abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1- 800 -96- ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days, of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three- (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. S. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non - discrimination, equal opportunity and /or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. CONSENT Provider must obtain parental /legal guardian consent for all minor participants to participate and /or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent /guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data and Reporting Requirements, subject to confidentiality - requirements.--In—addition,—Provider—agrees- to furnish--The—Children's—Trust with - - - -- - complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2 -1 -1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. City of Miami Beach Page 13 of 38 Contract #1179 -1090, Resolution 2011 -007 W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: English: City of Miami Beach and Success University is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami Beach and Success University esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami -Dade. Kreyol : City of Miami Beach and Success University finanse pa "The Children's Trust ". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Miami Beach Page 14 of 38 Contract #1179 -1090, Resolution 2011 -007 Z. TOTALITY OF CONTRACT /SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF MIAMI BEACH Provider Federal ID# 596000372 By: (Si n of Aut ntative) THE CHILDREN'S TRUST MIAMI -DADE COUNTY, FLORIDA by: ( ignature) Modesto E. Abety C�4 r ,-, President and CEO (Type /Print Title) Date: (! 2 - - Date Approved as to form and legal sufficiency / " — _ - l /✓J Date: °2 C) oZ© In County Attorney This contract is not valid until signed by both parties APPROVED AS TO FORM & LANGUAGE &.FOR EXECUTION City of Miami Beach Page 15 of 38 Contract #1179 -1090, Resolution 2011 -007 ATTACHMENT A: Scope of Services City of Miami Beach Page 16 of 38 Contract #1179 -1090, Resolution 2011 -007 Attachment A Initiative: Service Partnerships Agency name: City of Miami Beach Contract No. 1179 -1090 Program name: Success University / Miami Beach Service Partnership 1. Description of Services: Success University is an integrated service program that partners with community agencies to provide Miami Beach children and youth experiencing truancy with personal and academic supports while providing their families with holistic, comprehensive services to ensure family stability and youth success. Success University utilizes the principles of the 7 Habits of Highly Successfully People to create an operating platform that seeks to prepare youth and families for personal success, positive cohesion and economic betterment and address truancy issues. Service components include: Family Assessments, Care Coordination, Family Group Conferencing, Family Group Conferencing Follow -Up, Employment Services, Mental Health Services, and referrals to community -based services. Success University will have ongoing interaction and efforts toward service coordination with Eleventh Judicial Circuit Court (Truancy Court). Success University and the Youth Empowerment Network will collaborate wherever possible to maximize existing capacity and resources. 2. Target Population or Participants (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): ] m �_ r� plr, E � ;�. Totalr�umbero sundup licated partici ants recei. a y6 Y'A 5:« 'Nike +i' Totaln pants %y exp�r,=ecei�e Type:_2 ected to -.� r ,, ,fie - .4 All , ' e 1 s;eruieess I ,� ,w " } , E , ,services ' �, ,.. �' I _ ns' 1. _.. fir; �. _; ` I, r,l ....l , +., s ,.{r_L .ti M {.� .. c? , d, {I'.. less;�than 3•�:Intended contact Children /Youth 375 670 Parents /Primary Caregivers 375 16 Other populations (e.g., staff 2231 Prairie Avenue (305) 532 -4515 p rofessionals , general public Miami Beach, FL 33139 Description of participants to be served: ► Children /Youth - Participants attend Biscayne Elementary School, Nautilus Middle School or Miami Beach Senior High School. Participants are predominantly aged 6 - 12 and 13 - 18 and have indicators showing them to be truant as demonstrated by school absences. Students are referred to the program when they experience five or more unexcused absences in a given school year (previous or current academic calendar). ► Parents /Primary Caregivers - Represent the parents and /or caregivers for the targeted children /youth. These adults serve as head of household and /or live within the participants' home. ► Other Populations - Participants are encouraged to include friends, extended family, teachers and others in addition to their family members when engaging in the Family Group Conferencing. Services will be provided to everyone that resides in the home with the youth clients. 3. Service Locations: SitelName' ! Site °Address r Uhl s , r , Site Phone Nm ber r •1"v "., ' hh ,.. �' I _ ns' 1. _.. fir; �. _; ` I, r,l ....l , +., s ,.{r_L .ti M {.� .. c? , d, �'er,r +�'i 3 I , .7,1 is 41 ?_ .�r '. ��,� .. °• ��14 �yy� Biscayne Elementary School 800 -77 th Street (305) 868 -7727 Miami Beach, FL 33141 Miami Beach Senior High School 2231 Prairie Avenue (305) 532 -4515 Miami Beach, FL 33139 Miami Beach City Hall 1700 Convention Center Drive (305) 673 -7491 Miami Beach, FL 33 Nautilus Middle School 4301 N Michigan Ave. (305) 532 -3481 Miami Beach, FL 33140 City of Miami Beach Page 17 of 38 Contract #1179 -1090, Resolution 2011 -007 4. Performance Measures: a. Quantity - "How much will we do ?" TYPE 1 ACTIVITIES (3 or more contacts with participants) t Act�vii'esr .Service Na'me'i& Descry ,a :. P u r� r( Include.:, frequency „IengtFi &.duration of� ��� W - 1 N O ie dres =� mum! #i „�; sessions, as�well�asil�th ,e�number � '� �expected�tobe�offered��and, tentatwe `�����`a�'��'`'partc�pants�to -` : #'+t' S N"I i �;� ��� , ��� r # y � F t p p { j ! � 5 '��xpart�cipant��w�lh'��k��F " & F . �... .,, . ,. a Ffrk z�.. rr x.:- 3sub�.... tua�rc"z r 3���� mi���comlete q k North Shore Park 501 72nd St (305) 861 -3616 Care Coordination - (3 sessions p/ client) Miami Beach, FL 33141 4. Performance Measures: a. Quantity - "How much will we do ?" TYPE 1 ACTIVITIES (3 or more contacts with participants) t Act�vii'esr .Service Na'me'i& Descry ,a :. P u r� r( Include.:, frequency „IengtFi &.duration of� ��� �s�� .�, „ of fE,��s�� =� mum! #i „�; sessions, as�well�asil�th ,e�number � '� �expected�tobe�offered��and, tentatwe `�����`a�'��'`'partc�pants�to ;�: �und�uplicated: � be � �;� ��� , ��� r # y � F t p p { j ! � 5 '��xpart�cipant��w�lh'��k��F �, s4h4 scFiedule,Y.` "fi,'k �nu�sered 3���� mi���comlete q k > >, Care Coordination - (3 sessions p/ client) Stage 1: Assessment Session -Staff will complete a family assessment to determine service needs and natural assets. The assessment will lead to the creation of a Care Plan and serves as the initial engagement and planning session for the subsequent activities. Stage 2: a.) Care Plan Certification Session - This session engages youth, parents, siblings, friends, teachers and other natural assets to identify and qualify ways in which they can support the youth's personal goals. This process has been successfully used to promote positive behaviors. During this session, priorities and values are defined and roles are ascribed to attendees to ensure achievement or support of identified goals and values. The resulting Care Plan establishes 375 3 the framework upon which the family is expected to achieve goals. b.) Re - Enaaaement Meeting - For those children /youth and families who are not responsive to requests for service provision, program staff will visit the client and /or family emphasizing the importance of implementing and adhering to the Care Plan. Stage 3: Follow -up Session - Care Coordinator conducts a scheduled visit, reviews the implementation of the Care Plan and provides referrals if applicable. Frequency: 3 sessions Intensity: 1.0 - 2.5 hours per session Duration: 3 -12 months (based on Care Plan) Mental Health Services - Counseling services are provided for 15 youth and families without access to mental health services (such as those without legal status) and showing great need. Twelve counseling sessions will be provided for 15 12 each youth /family and sessions are to take place -at - the - school- or -in- the - client - home. -- - -- - - - -- -- - - - - - -- - -- — Frequency: 12 sessions Intensity 2 hours per session - - Duration: 3 -4 months City of Miami Beach Contract #1179 -1090, Resolution 2011 -007 Page 18 of 38 TYPE 2 ACTIVITIES (less than 3 contacts with participants) .; x s t, x.* ,' s . i n.,.:k art Ici ants a:,4ap: °P,r, r?l', `': E. r�i Activities /Service Name& Description G ,�beserued�(specif y y ( J 1 1 •�]n. F # , y '�'f ;'.: -!Y. f F ,:1 ,, c:�.. . ..v; ..1'S i @.. 4..:. (Include frequency,r duration.of if /,youth,; j _�� :Total of p ess�ons tom ,tLat; R'5",,, of ., ,C ": {d ;r4 re,;. yh x �.t'� ,child,ren , 6N, if�ir'rest.R+7ki. ?.!k}fid t U. �lj' rk" YSu�i� `�4 �,arentsforoth'ers1�i�; ;,be ^'rta s`l�lY`' s ess�ons z andtentat�ueschedule',, acro�ssc ,clesand� rtes' Pre - Intervention Services (Prior to Stage 1 Services) - Students will receive contact in the form of a Home Visit, phone call, Parent Conference, Student Conference, and /or Parent 400 400 Letter resulting in referral(s) for needed services without supplemental Care Coordination. Family Group Conferencing (FGC) - meeting to coordinate clinical services; to establish therapeutic goals, discuss therapy & counseling services; safety issues, create a system of support as needed. Team will consist of primary caretakers, family members who the caretaker considers to be part of their support system, 220 220 natural helpers and direct service staff. Implementation of case plan and services. FTC's will occur at a location chosen by the family, which is mutually agreed on, that is safe and convenient for the family. 7 Habits of Highly Effective Families - (1 session per family at 8 hours each) 7 Habits of Highly Effective Families is a one day, 8 -hour training that addresses the 7 Habits as they relate to building a strong, loving, sustainable family unit. The training imparts practical advice on solving common family dilemmas, such as 16 youth, 16 primary finding quality time to spend together, dealing 2 with family disputes, and healing a broken caregivers relationship. Families learn to incorporate common sense principles into their daily lives through activities, meetings, and games that involve all family members and help to create a spirit of understanding, support, and enthusiasm. 7 Habits of Highly Effective Teens - (1 session per youth at 8 hours each). 7 Habits of Highly Effective Teens is a one day, 8 -hour training that addresses the 7 Habits as they 34 youth 2 relate to teenagers and their goals, values and aspirations. Its language is geared towards teenagers. " TYPE 3 ACTIVITIES (Other deliverables that are not direct services) r Activities Name f &_Descri tlow ; =�M f "u'mber,��U k ",���a I; „Count LPN N/A a. Quality -"How well will we do it ?" In this section Provider must describe how Quality of the program would be assessed. Some examples include: 1) procedures or measures to ensure fidelity to the curriculum and quality assurance; and 2) assessment of participants'satisfaction. City of Miami Beach Page 19 of 38 Contract #1179 -1090, Resolution 2011 -007 Narrative: Insert short narrative describing program /agency CQI protocol here. The City of Miami Beach and the Miami Beach Service Partnership are committed to continuous quality improvement. As the lead agency, the City requires monthly invoice and narrative reports from all Partners. The invoices are examined for accuracy internally by program staff and the City's finance clerk before being processed and the narratives are reviewed for content. If a Partner experiences more than two errors in a billing report, a meeting between said Partner and the lead agency to review reporting guidelines is triggered. Information gathered in the narrative report is used to assess program effectiveness and determine if changes in processes are needed. Any procedural changes are discussed by the Board and training is provided prior to implementation. The City also performs process checks at least once per year to ensure that processes are culturally competent, adhering to policy and impacted or influenced by technology or policy advances. Such process reviews begin prior to program implementation. For example, this year the assessment form has been expanded to provide a self - sufficiency outcome scale matrix and expanded screening for any stimulus- funded entitlement programs including HPRP and SNAPS. More so, through the annual utilization review and Partner Performance Ratings process, Partners are made aware of the performance strengths and areas for improvement. To the subject of file maintenance, the City performs site visits with all of its Partners at least once each year. Any new hire working with the program or performance issue triggers an additional site visit. The City also conducts observation on program components in which it is not directly involved twice per year. For example, staff observes Employment Services as one partner is solely responsible for its provision, but not Care Coordination meetings as City staff is already present. The Governing Board completes an annual self - evaluation as well as an independent evaluation of the Partnership's CEO and management team. This evaluation identifies strengths and areas for improvement. % of referrals made during care Care Coordination reporting Throughout contract period coordination participation log of families completing care Care Coordination reporting Throughout contract period coordination model log #/ % of children /youth participants Data Tracker Ongoing completing minimum sessions #/% of parents /caregivers very Satisfaction Survey After completion of Care satisfied with program /services Coordination Follow -Up provided #/% of youth very satisfied with Satisfaction Survey After completion of Care program /services provided Coordination Follow -Up # of staff trained in Evidence Based Data Tracker All staff members have been Model previously trained. # of parents /caregivers completing Data Tracker Ongoing minimum sessions % of parents /caregivers completing Data Tracker After completion of Parenting minimum sessions activity #/% of reported for -- Outcomes reporting -in Data Ongoing -_ participants meeting minimum Tracker number of sessions City of Miami Beach Page 20 of 38 Contract #1179 -1090, Resolution 2011 -007 b. Outcomes — Measuring "Is anyone better off ?" Outcome Data Source/ Timing Associated Measurement (when will tools be Activity* Tools collected 320/80% of children /youth will Attendance reports Baseline attendance Pre - Intervention not accrue 5 additional records will be collected Services (Prior to unexcused absences after pre- at time of enrollment. Stage 1 intervention services are Ongoing attendance Services) provided records will be reviewed weekly and reported throughout the school year. 244/65% of children /youth will Attendance reports Baseline attendance Care not accrue 5 additional records will be collected Coordination unexcused absences after Stage at time of enrollment. 2 services are provided Ongoing attendance records will be reviewed weekly and reported throughout the school ear. 232/95% of children /youth will Attendance reports Baseline attendance Care not accrue 5 additional records will be collected Coordination unexcused absences after Stage at time of enrollment. 3 services are provided Ongoing attendance records will be reviewed weekly and reported throughout the school ear. 380/95% of children /youth will Attendance reports Baseline attendance Care accrue less than 15 unexcused records will be collected Coordination and absences after receiving services at time of enrollment. pre - intervention Ongoing attendance services records will be reviewed weekly and reported throughout the school ear. *Please list the activity directly associated with the stated outcome (e.g. activity in which tool will be administered). City of Miami Beach Page 21 of 38 Contract #1179 -1090, Resolution 2011 -007 S. Evidence -Based Programs (EBP) All strategies funded by The Children's Trust should deliver high quality, evidence -based practices that are strength- based, family centered, accessible, respectful of diversity and mindful of community context and connections. Please list the evidence -based programs (if any) that are currently used during activities /service delivery (if none are being used, please mark n/a in the table below). For information on what is an evidence - based program, or to ensure that the model to be used is an EBP, visit The Children's Trust website. 1 rCYF'P+fYia .a P t'IbM4`6Stl ! "" 11 tvit.Se�ceN mE: F .E 51 � f"�Ed &k+,++r' # :";Stl ?:i Lida M+{.?dvi';.SS+ % �• d4ence= b•asedprograum .. . p`esi natin from section ; ..:� Family Group Conference Family Group Conferencing OJJDP 7 Habits of Highly Effective Teens 7 Habits of Highly Effective Teens FranklinCove 7 Habits of Highly Effective 7 Habits of Highly Effective Families FranklinCovey Families *Please list the name of the agency /organization that awarded the program evidence -based status (e.g. Department of Juvenile Justice, Substance Abuse and Mental Health Services Administration, etc). 6. 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 worksheet in the Budget (Attachment B). City of Miami Beach Page 22 of 38 Contract #1179 -1090, Resolution 2011 -007 ATTACHMENT B: Other Fiscal Requirements, Budget and Method of Payment City of Miami Beach Page 23 of 38 Contract #1179 -1090, Resolution 2011 -007 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment reauests 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 Provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance payment Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by 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. Provider must request a budget revision to add, delete, and /or modify any line item(s). Budget revisions cannot 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 Contract. Budget revisions will be incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10 %) percent of the total contract amount. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and /or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements 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 (15 day of the month following the month in which expenditures -- were incurred - ( exclusive -of legal holidays -or weekends).. - T - he- Children's Trust - agrees to reimburse -- - - - -- Provider on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, 'Subcontractor Verification of Payment' from subcontractors of Provider must be included if the Request for Payment includes a request for reimbursement in relation City of Miami Beach Page 24 of 38 Contract #1179 -1090, Resolution 2011 -007 to a payment made to a subcontractor. These forms may be downloaded from The Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this Contract. 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 Provider will be accepted by The Children's Trust up to forty -five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate 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 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 Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. City of Miami Beach Page 25 of 38 Contract #1179 -1090, Resolution 2011 -007 Agency Budget Areas in Blue to be completed by the GENERAL INFORMATION Organization Name: City of Miami Beach Agency Fiscal Year: October 1 - September 30 (for example: July 1 to June Program Title: Success University Truancy Reduction Initiative Rllnr.FT PFVFNIIFC Agency Source of Funding Name of Source of Matching Funds for the Program Budget Program Revenues Agency Revenues Trust Amount Requested $300,000.00 $300,000.00 Trust Other Funding 205,520.54 Total Sources of Revenue Other than The Trust and In -Kind 0.00 457,717.00 Miami -Dade County Grants(Local) Federal Grants State Grant Foundations /Charitable Funds 16,156.00 Cash /Fees /Other Revenue - Cash - Program Fees - CDS Subsidies for School -Aged children - General Funda (Property Tax Revenue) 441,561.00 In -Kind Contributions list below 82 469.59 0.00 Space, Salaries, etc. (see Program Budget) Cit of Miami Beach 82,469.59 Subtotal Sources of Revenue Other than The Trust 82,469.S9 457 717.00 Total Budget - Revenues $ 382,469.59 $ 963 237.54 RI1nr.FT FXPFNCFC Variance Page 26 of 38 Attachment B, Contract #1179 -1090, Resolution #2011-007 Rev 4/10 Program Expenses Agency Expenses Total Pro ram Budget $ - Total Agency Other Expenses Total Budget - Expenses - Variance Page 26 of 38 Attachment B, Contract #1179 -1090, Resolution #2011-007 Rev 4/10 Program Budget Organization Name: City of Miami Beach contract Period: November 1 2010 - October 31 2011 12 months Areas in Blue to be completed by the Agency PROGRAM BUDGET 'Insert : Program Period - .Insert Program Period Requested Funding Matching Funds Justification SALARIES: % Amount % Amount List Full -Time Employees .. ...... _ - TCT Total Annual Line Line Salary item item Position 12 mths % % Program Coordinator 44,417.62 100% 44,417.62 0.00 $44,417.62 x 100% FTE for day -to -day program supervision, contractor supervision and program report preparations. The salary is established by the City's wage studies and is commensurate with the City payscale for this job classification; this will be paid on a bi- weekly basis. $1708.37 per pay period x 26 pay periods (bi- weekly) _ $44,417.62 Division Director 123,990.90 20 24,798.18 12,3990.90 x 20% for Service Partnership operations, preparation of Service Partership reports, and supervision of Program Coordinator = $24,798.18 0.00 0.00 Full -Time Total 1.00 . 44,417.62 0.20 _ . 24,79 15% 18% List Part - Time /Seasonal Employees .Office Associate I 15,002.00 100% 15,002.00 0.00 $11.54 (hourly wage) x 50 hours biweekly x 26 pay periods = $ 15,002.00 Transportation & Support I - City pays 42,743.74 3,083.00 0.00 Transportation of clients to Family Group Conferences as well annual salary of $42,743.74 as ordering and delivery of meals for these events. This will be paid on a bi- weekly basis as services are rendered - 100 hours x overtime rate of $30.83 p /hour = $3,083. Transportation & Support II - City pays 53,557.14 3,322.18 0.00 Transportation of clients to Family Group Conferences as well annual salary of $53,557.14 as ordering and delivery of meals for these events. This will be paid on a bi- weekly basis as services are rendered - 86 hours x overtime rate of $38.63 p /hour = $3,322.18. 0.00 0.00 0.00 Part-Time Total 1.00 21,407.18 0.00 0.00 7% 6% 22% 24% TOTAL ITEs /SALARIES 2.00 $65,824.80 .20 $24,798.18 FRINGE BENEFITS Fica /Mica Rate: 1.45% Matching funds for 20% of Division Director's salary 861.58 359.57 3.00% 1,782.59 743.95 W- Comp's Rate: Matching funds for 20% of Division Director's salary 0.00 0.00 Unemploy Rate: Pension Contribution for Program Coordinator position only. Annual salary of $44,417.62 x 6% contribution [this represents a reduction In cost]= $2,665.06; Matching funds are for 20% Retirement Rate: 6.00% 2,665.06 1,487.89 of Division Director's sala Other Specify & provide calculations Health Ins. Cost per Staff $3,726.84 3,726.84 Health Insurance for Program Coordinator position only. Biweekly cost of $143.34 x 26 pay periods = $3,726.84 Life Ins. Rate: $47.84 47.84 Life Insurance for Program Coordinator position only. Biweekly cost of $1.84 x 26 Pay periods = $47.84 2.50% 375.05 ORBRA for Part Time Office Associate I position only. Annual ORBRA Rate: sala of $15,002.00 x 2.5% = $375.05 TOTAL FRINGE BENEFITS $9,458.96 $2,591.41 TCT Fringe is 14.3699031368117% of TCT Requested Sala 3% 3% Cost Cost PROGRAM OPERATING EXPENSES: Travel (other than participants) 0% 0% Travel (participants) 3,200.00 Emergency bus pass for employed parents who do not have transportation to and from work - $100 per month x 30 instances of need = $3,000 + 100 one use Easy Tickets for clients without transportation to return home after program Meals (participants) meetinas_x- S2_ear_h = R200= 13.200..._.._______.______ Full meals are provided for Family Group Conferencing and any 1% 1% 4,067.25 other activity that is directly related to the program and takes place during meal time. (220 Family Group Conferencing sessions x an average of 3.75 participants each x $4,93 per person for the cost of one dinner meal for each participant as Space (rent of a building) - _ 55,080.00 per Trust guidelines and federal reimbursement rates) _ R4_n67 25 Use of office space in City Hall for Program Coordinator, 9" x 11" = 99 Sq. Ft. x $35 per Sq. Ft. as per July City Commission meeting = $3,465 per month x 12 months = $41,580.00 + Use , of Biscayne Elementary School for Family Group Conferences at $150 per use x 90 uses (2 families per use) _ $13,500 = 55,080.00 0% 14% Utilitie (e.g. telephone, utilities) -_- Provided in -kind by the City of Miami Bea (matching) Portable projector for use with Family Group Conferencing. 0 0 Supplies - office (e.g. paper, printing, postage) - - - 1,657:39 Previously, the City of Miami Beach was using its general fund owned projectors for this need. However, additional demands " are being placed on that equipment, triggering a need for - - - program specific supplies (2 x $258.40) _ $516.80 + Annual fee of $162 for email services related to the Service Partnership + Miscellaneous supplies such as markers, pens, copier paper, toner, etc. $978.59 = $1657.39 1% 0% Supplies - program (e.g. curricula, books) 9,240.00 _ Annual fee for Community OS software to enable client tracking by all partners �% 2% Non Caplp�grgj #g 0.00 0.00 Rf of 4/10 _ 0% 0% Page 28 of 38 Attachment B, Contract #1179 -1090, Resolution 92011.007 Rev 4/10 Program Budget i I 0% 0% 0% 0% Capital Equipment (greater than $1,000) (List each) 0.00 0.00 0% 0% 0% 0% 0% 0% 0% 0% Subcontractors (List each) 0.00 0.00 0 0 /0 0% 0% 0% 0% 0% 0% 0% Professional Services 199,351.60 0.00 66% 52% Ayuda, Inc. 15,600.00 Provision of client /family Assessments; 65 at $140 each = $9,100; + provision of client /family FGC Follow Ups; 65 at $100 each = $6,500 = $15,600.00 5% 4% Barry University 12,000.00 Provision of client /family Assessments; 50 at $140 each = $7,000; + provision of client /family FGC Follow Ups; 50 at t100 each — $5,000 — t12,000,00 4% 3% Choices, Et AI 29,750.00 Provision of Family Group Conference Contract Session services; 170 at $175 each = $29,750.00 10% 8% South Florida Center for Family Counseling 36,000.00 Provision of client /family Assessments; 150 at $140 each = $21,000; + provision of client /family FGC Follow Ups; 150 at $100 each = $15,000 = $36,000.00 12% 9% Stand Up for Those Who Can't 12,000.00 Provision of client/family Assessments; 50 at $140 each = $7,000; + provision of client /family FGC Follow Ups; 50 at $100 each = $5,000 = $12,000.00 4% 3% Unidad of Miami Beach, Inc. 23,150.00 Provision of client/family Assessments; 60 at $140 each = $8,400; + provision of client /family FGC Follow Ups; 60 at $100 each = $6,000; Provision of Family Group Conference Contract Session services; 50 at $175 each = $8,750 = $23,150.00 8% 6% Community Involvement Specialists 27,993.60 3 contracted Community Involvement Specialists (employed part-time by Miami -Dade County Public Schools, one who works at Nautilus Middle School and two who work at Miami Beach Senior High School) to serve as school representatives at all designated client /family encounters, CIS will be based at the school but will also be responsible for conducting home visits when parents fail to attend scheduled school meetings. CIS will also track daily client attendance and provide tracking data. They will be paid on a bi- weekly basis as services are rendered. NMS: $19.44 per hour x 4 hours per week x 36 school weeks = $2,799.36; MESH: 2 CIS x $19.44 per hour 18 hours per week x 36 school weeks = $25,194.24 = $27,993.60 9% 7% Teen Job Corps 26,433.00 Florida minimum wage + worker's comp + FICA = hourly rate of $9.7928 per hour x 90 hours x 25 youth = $22,033.80 + j (Hourly cost for one supervisor at $24.44 x 180 hours) = = t26 9% 7% Institute for Child & Family Health 16,425.00 12 counseling sessions x $75 apiece = $900 + $195 for initial Mental Health Evaluation = $1,095 x 15 youth and families without access to mental health services and showing great nppd —_ t16 5% 4% 0% 0% Professional Services -Additional (List each) 0.00 0.00 00/ 0% 0% 0% -- — 0% C% I 0.00 toy° 1% Other 2,700.00 Emergency Assistance 2,700.00 Emergency assistance based on service partnership assessment and approval granted by the partnership director, governance committee, and Children's Trust staff. Assistance is limited to a one -time allotment of $150 total per a participant and $150 per a participant's parent. 18 instances of need x $150 per client = $2,700. Background screening 0% 0% Admission to field trips 0% C% I 0.00 0% 0% Other - Additional (List each) 0.00 0% C% 0% 0% 0% 0% 0% 0% I, TOTAL OPERATING EXPENSES: $220,216.24 _ $55,080.00 73% 72% Administrative /Indirect Costs (Can not exceed 10 %) J Program Specific Audit 2% 4,500. 2% 1% TOTAL BUDGET $300,000.00 27% $82,469.59 100% 100% Page 28 of 38 Attachment B, Contract #1179 -1090, Resolution 92011.007 Rev 4/10 Staffing Plan Organization Name: City of Miami Beach Staffing Plan must EXACTLY match the paid and in -kind staff, volunteers, consultants and sub - contractors described in Attachment A and listed in the Program Budget. Add or delete rows and adjust links to the Program Budget as necessary. List Full -Time Employees Bachelor's or greater in Public Administration or other related Program Coordinator 1 field and at least one year community involvement experience. Graduation from an accredited college or university with a Bachelor's or Master's Degree with major course work in public Division Director 1 or business administration, social services or other related field. Experience can substitute for education on a year- for -year basis. Day -to -day program supervision, contractor supervision, program administration, records keeping, client contact and care coordination, and all report preparation; conduct 7 Habits of Highly Effective Families & 7 Habits of Highly Effective Teens trainings. Oversee Service Partnership operations and supervision of Program Coordinator; conduct 7 Habits of Highly Effective Families & 7 Habits of Highly Effective Teens trainings. J1 A in in in in ,n List Part - Time /Seasonal Employees High School Diploma or GED with Data entry, assistance with client contact and care at least one year of experience coordination, back -up for transportation and support of working in social service, youth program activities. Office Associate I 1 program or related field and bilingual (English /Spanish). Valid driver's license. Transportation & Support I - City pays annual salary of $42,743.74 Transportation & Support II - City pays annual salary of $53,557.14 0 0 Page 29 of 38 Attachment B, Contract #1179 -1090; Resolution #2011 -007 Rev 4/10 Staffing Plan Professional Services A uda Inc. Barry Universit Choices Et AI Community Involvement Specialists #REF! Institute for Child & Family Health 0 Professional Services - Additional List each i 0 0 0 0 0 0 0 0 i List: Volunteers I I � �I i� I Page 30 of 38 Attachment B, Contract #1179 -1090; Resolution #2011 -007 Rev 4/10 ATTACHMENT C: Programmatic Data and Reporting Requirements City of Miami Beach Page 31 of 38 Contract #1179 -1090, Resolution 2011 -007 ATTACHMENT C Service Partnership Programmatic Performance and Data Reporting Requirements Contract No. 1179 -1090 Agency name: City of Miami Beach Program name: Success University Provider shall submit to The Children's Trust individual participant demographics, attendance, and performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcomes data into The Children's Trust web -based reporting system (Data Tracker) and submission of narrative reports. Provider's use of Data Tracker requires mandatory training (provided by The Children's Trust) and a user login name. 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 reward providers exceeding those standards, and /or impose remedies on providers performing below the minimum standards. For mid and end of the year performance reviews Provider is awarded incremental credit for approaching the identified performance targets. ACTIVITIES • Activities with 3 or more contacts with the same participant (Type 1).. Provider will enter into Data Tracker: demographics of individual participants within seven (7) days of program enrollment. Demographics shall be updated regularly when new information is collected (e.g., new address, grade level). • Activities with less than 3 contacts per participant (Type 2). Provider will enter into Data Tracker: Date(s) of event /activity, number of participants served by type (child, parent or other), and location(s) of event /activity (with address and zip code). PARTICIPANTS Participants' demographics (including all the items noted below), shall be entered into The Trust's electronic web -based reporting system (Data Tracker) within seven (7) calendar days of each participant's first day of attendance. All demographic information shall be updated on an ongoing basis if and when new information is collected (i.e., new address, grade level, school). Demographic information required for CHILD /YOUTH participants with 3 or more contacts (Type 1 activities): • Participant's Name (last, first, middle initial) Parent's Name (last, first, middle initial) Street Address, City, and Zip Code • Gender (male, female) Date of Birth Race (American Indian /Alaska Native, Asian, Black /African American, Pacific Islander, White, Other) Ethnicity (Hispanic, Haitian, Other) English- Proficiency -(yes /_no) - - -- - -- Other language(s) spoken (Spanish, Haitian Creole, Other) - • Child's Social Security # - - - Child's Miami -Dade County Public Schools ID Number • Current Grade Level • Current School Name City of Miami Beach Page 32 of 38 Contract #1179 -1090, Resolution 2011 -007 • Does child have a Health Insurance? (yes /no) • Does child have a Disability? (yes /no) • 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] • Documentation of Disability (Individualized Family Service Plan; Individualized Education Plan; Section 504 Plan; diagnosis from a medical doctor, state certified, registered, or licensed professional; and /or disclosure by a parent /guardian); if child is noted as having a documented disability, a hard copy of the selected documentation must be kept within the participant's file for monitoring purposes. • Is participant (information to be reported in the Quarterly Narrative Report): • A child of a migrant farm worker (i.e., parent /caregiver crossed county or state lines in search of temporary or seasonal farm work within the past 36 months) • Involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) • Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion /Civil Citation programs) Children with Disabilities - The Children's Trust expects all programs to serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the American Disabilities Act. Demographics required for PARENT /CAREGIVER and OTHER (e.g., community members, staff) participants with 3 or more contacts (Type 1 activities): • Number of children in their care (for Parents /Caregivers only) • Participant's Name (last, first, middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian /Alaska Native, Asian, Black /African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes /no) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Participant's Highest Grade of School Completed PERFORMANCE MEASURES Recruitment / Attendance — How much are you doing? • Attendance refers to the actual number of participants (with at least one day of attendance) in a program. Attendance cannot be entered for a given participant until their demographic information has been entered in Data Tracker. Contracted number of participants are expected to attend the minimum number of sessions established in Attachment A (Scope of Services). Mid -Year Review Expectation For type 1 activities, recruitment must be 100% time of mid -year review. Programs offering services in cohorts will be evaluated based on the number of cohorts expected to be completed at mid - point.- Number of cohorts, - including estimated start and end dates of each, must be listed under the applicable activity in Attachment A. For type 2 activities, recruitment expectations will be based on the number of events to be completed by time of review. City of Miami Beach Page 33 of 38 Contract #1179 -1090, Resolution 2011 -007 • End of the Year Review Expectation For all activities (type 1 and 2), regardless of program schedule (year -round vs. cohorts), 100% of the contracted number of participants to be served must be served by the end of the contract period. Retention / Dosage — How well are you doing? (for activities with 3 or more contacts with the same participant) • Retention (also known as "Minimum Dosage ") refers to the average number of sessions that participants have completed compared to the minimum number of sessions necessary to have an impact (as established in the Scope of Services). All participants with at least one day of attendance are counted towards retention. • The Children's Trust recognizes that the number of participants served throughout the contract year may be higher than the contracted number to be served, and that not all participants will complete the total number of sessions. • Mid -Year Review Expectation Year -round activities are reviewed based on the average number of sessions attended by the target number of participants compared to the minimum number of sessions expected to be completed. The expected target is 50% completion of minimum number of sessions at mid -year. For programs with cohorts, the number of cohorts scheduled to be completed at mid -year is used to determine the expected number of participants meeting the minimum number of sessions. The expected target is 85% of minimum sessions at mid -year for the target number of participants enrolled in completed cohort(s). • End of the Year Review Expectation Regardless of program schedule (year - round vs. cohorts), 85% of the contracted number of participants should have completed the minimum number of sessions. Utilization — How much are you doing? • Utilization refers to the number of participant -days. "Actual" utilization calculates the sum of 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 participants to be served by the total number of proposed sessions. The actual utilization during the selected time frame is then divided by the proposed utilization to calculate the Overall Utilization. • Mid -Year Review Expectations 50% of the overall utilization across activities is expected. Type 1 activities are also weighted heavier than type 2 activities due to intensity of services (70/30 split). No points are awarded if the percent achieved is less than 30% of the target. • End of the Year Review Expectations The Children's Trust requires a 100% overall utilization achieved by the end of the contract year to be in compliance. No points are awarded if the percent achieved is less than 60% of the target. Outcomes — Is anyone better off? Successful performance measures achievement facilitates changes in program practices and participants' benefits. The Children's Trust expects all participants with at least one day of attendance to be pre- tested; those completing the required minimum dosage should also be post- tested. Matched Sets Compliance • Matched sets refer to those participants with at least 2 assessments, it could be a pre and post test, or any assessments administered at 2 separate time periods. • Mid -Year Review Expectations For year -round programs, the number of City of Miami Beach Page 34 of 38 Contract #1179 -1090, Resolution 2011 -007 participants receiving pre -tests must be equal to or within an acceptable range (target of 85 %) of the number of participants enrolled during the review period as per Data Tracker (activities under review will be those associated with specific performance measures as per Attachment A). Programs utilizing cohorts should have match sets (both a pre and a post -test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. • End of the Year Review Expectations All programs should have match sets (both a pre and a post -test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. Outcomes Achievement • Providers are expected to meet the performance measures as stated in Attachment A (Scope of Services). Data for all participants with match sets will contribute towards performance goals. • Mid and End of the Year Expectations The Children's Trust expects at least 95% achievement. That is, provider should be no less than 5% below the performance measure target percentage. No points are awarded if the percent achieved is less than 60% of the target. QUARTERLY PROGRAM NARRATIVE REPORT • The Program Narrative Report captures a brief report of the program's successes, challenges, and support needed on a quarterly basis (four reports total over the contract period). A standard Word document format will be provided and is available for download on The Children's Trust website. TRAINING AND QUALITY IMPROVEMENT • The Children's Trust offers a variety of trainings on important topics to improve service delivery and contract compliance, enhance administrative capacity, and support program and employee development. Provider is required to ensure attendance by appropriate agency and /or program staff at the following trainings annually: New and Renewal Contract Development and Contract Management trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the year. • All Children Together (ACT) Resource Network ( http : / /ccdh.ora /act /about act /) The Children's Trust requires that providers offering intensive services to children attend trainings, as offered, to educate them about the inclusion of children with disabilities. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of all participating children. The All Children Together (ACT) Resource Network is a resource available to Provider for technical assistance, mentoring, training and consultation regarding provision of services to children with disabilities. REPORTING SUBMISSION AND DATA ENTRY • Participant attendance for a given month shall be entered into Data Tracker by j the fifteenth (15 of the following month, exclusive of legal holidays or weekends. • All Outcomes Reports shall be submitted to The Children's Trust monthly by the 15 of each month for the previous month._ • Narrative reports shall be submitted quarterly to The Children's Trust by the 15 of the month following the end of the quarter. City of Miami Beach Page 35 of 38 Contract #1179 -1090, Resolution 2011 -007 SCHEDULE OF REPORTS DEADLINES Required Report Reporting Due Date Frequency Outcomes Measurement and Monthly By 15 �h of each month for the Results (electronic previous month submission in Data Tracker) Demographics, Attendance, Monthly and other quantity data By 15 th of each month for the (electronic submission in previous month Data Tracker) Quarterly Program Narrative Quarterly For August, September and October Report (Word) DUE NOVEMBER 15, 2010 For November, December and January - DUE FEBRUARY 15, 2011 For February, March and April - DUE MAY 16 2011* For May, June and July - DUE AUGUST 15, 2011 *If the due date falls on a weekend holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI Provider shall create and/or update agency and program profiles, and site(s), information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information for the duration of this Contract term to facilitate referrals. Evidence that the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. City of Miami Beach Page 36of38 Contract #1179-1090, Resolution 2011-007 Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section 0.2. Financial Audit and Program Specific Audit as follows (a sample may be found on The Children's Trust website): • Submission of: (a) schedule of budget to actual total expenditures by budget category, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) if applicable, audit of attendance if payment is based on attendance, or payment as specified in Attachment B; (c) summary of schedule of prior audit findings, (d) disclosure of any significant finding(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 total budget to actual expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether 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, 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 unallowable expenditures e.g. costs not included in the approved budget or budget revision and unallowable costs identified in the budget guidelines included on The Children's Trust website, testing for questioned costs, testing that the Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the Contract and within the Contract period, testing that monies used for the program were for eligible participants, testing for the supplanting of funds, testing of match requirements, if applicable, testing of attendance or other unit if the method of payment is other than a cost reimbursement payment method, and testing of the cost allocation plan to verify that The Children's Trust is paying only its fair share of costs for services, overhead and staffing. The auditor's report shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children's Trust contract and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of 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 total budget to actual expenditures by budget category 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, which shall describe the scope of testing of internal control and the results of the tests; i A rep ort on compliance whic i ncludes a opi (or disclaimer of o 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 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 37 of 38 Contract #1179 -1090, Resolution 2011 -007 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 R. Background Screening of this Contract, the undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and /or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI -DADE Before me, the undersigned authority, personally appeared (CEO /Executive Director) Authorized Provider Representative of (Provider Name) who being by me first duly sworn, deposes and says: Name of Contracted Provider (Signature of CEO /Executive Director /HR Director) Date I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. Sworn to and subscribed before me at Miami -Dade County, Florida this _ day of , 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 38 of 38 Contract #1179 -1090, Resolution 2011 -007