Contract No. 1172-1090 w/ Children's Trust / /_t 7YoOV
FY 2011 -2012 lu 4 _ },, ` r
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CONTRACT NO. 1172 -1090 x
BETWEEN THE CHILDREN'S TRUST
AND CITY OF MIAMI BEACH
FOR OUT -OF- SCHOOL
THIS CONTRACT is -between The Children's . Trust whose address is 3150 S.W. 3rd
Avenue, 8 th floor, Miami, . Florida 33129 and City of Miami Beach hereafter "Provider"
whose address is 1700 Convention Center Drive 4th, Floor Miami Beach, Florida 33139.
In consideration of. the mutual covenants herein, The Children's Trust and Provider
(sometimes hereafter referred to as." "Parties ") agree as follows:
A. EFFECTIVE TERM
The effective term of this Contract shall be from August 1, .2011 through 7uly 31,
2012 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.
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D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered
under this Contract shall not exceed $309,180_.00 Provider agrees that should available
funding to The Children's Trust be reduced, the amount payable under this Contract will be
reduced at the sole option of The Children's Trust.: Provider agrees to adhere to Other Fiscal
Requirements, Budget and Method of Payment outlined in Attachment B to this Contract.
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, is a material breach of this Contract.
3. Capital Equipment
Capital equipment is included in the definition of "property" under Florida Statutes, Chapter
274, and Florida. Administrative Code, Section 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 all of the following: a) within 5 business days
provide written notification to The Children's Trust contract manager that the capital
equipment has been either damaged, lost or stolen; b) provide a police report for lost or
stolen items; or provide a written statement as to how the capital equipment was damaged;
and c) reimburse The Children's Trust for the value, as determined by The Children's Trust.
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4. Assignments and Subcontracts
Provider shall not assign, this Contract to another party. Provider shall not subcontract any
Services under this Contract without prior writte'n.approval 'of The Children's Trust. In any
subcontract, Provider shall incorporate appropriate language from this contract into each
subcontract and shall require each subcontractor providing services to be governed by the
terms and conditions of this contract. Provider. shall submit to The Children's Trust a copy
of each subcontract to this Contract within 30 days of its 'execution. All sub - contracts with
Provider must. be executed within 90 -days of Provider's execution date.. All subcontractors
must agree to be monitored by Provider and /or The Children's Trust, in -the same'.manner as
Provider under the terms of this contract. Provider acknowledges and agrees that The
Children's Trust and any subcontractor to this Contract have authority to communicate and
exchange, information about contract, program, and /or fiscal issues. Provider ,waives any
and all claims, demands, and /or legal action based upon any such communications.
Provider shall be responsible for all Services performed, and all expenses incurred, under
this Contract, including services provided and' expenses incurred, by� any. an.d- all
subcontractors. The Children's Trust shall not be . liable to any _subcontractor for any
expenses.or liabilities incurred under any subcontract. Provider shall be solely liable for any
expenses or liabilities. incurred under any subcontract. Provider shall hold harmless and
defend, at Provider's expense, The Children's Trust against any claims, demands or actions
related to any subcontract.
The Children's Trust shall not provide funds to any subcontractor unless specifically agreed
to .in writing by The Children's Trust with notification to the Provider. All payments to any
contracted subcontractor shall be paid. directly by Provider to' the subcontractor. The
Children's Trust reserves the right to require verification from Provider /or subco °ntractor
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. x
S. 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 sha11 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 agairist.The Children's
Trust, its agents, employees or officials. Any such use by shall `be a material
breach of this.Contract.
S. Compliance
Provider agrees to maintain and ensure its compliance, as applicable, with federal, state,.
county, and local laws. This includes, but is not .limited to, adherence to IRS rules and
regulations requiring timely filing of tax returns to retain non- exempt status, throughout the
term of the contract, and payment of payroll taxes*as applicable:
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Provider further agrees to provide agency and site(s) information to Switchboard of. Miami
2 -1 -1, The Children's Trust 24 hour helpline.
F. INDEMNIFICATION BY PROVIDER
1. Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec.
768.28, Provider shall indemnify a'nd hold harmless The Children's Trust and its officers,
employees, agents and instrumentalities from any and all liability, losses, or damages,
including attorneys' .fees and costs of defense; which its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, 'suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Contract by Provider or its employees, agents,' servants, partners,
principals or subcontractors.
Subject to the limitations and sovereign immunity, provisions of Florida Statutes, Sec.
768.28, Provider shall pay all. claims and losses in connection therewith and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of The Children's
Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments,
and reasonable attorney's fees which may issue thereon.
2. All Other Providers
Provider shall indemnify and, hold harmless The Children's Trust and its officers, employees;
agents and instrumentalities from any and all liability, losses or damages, .including
reasonable attorneys' fees and costs of defense, which. The Children's Trust or its officers,
employees, agents or instrumentalities may incur as a result - of claims, demands, suits,
causes of action or proceedings of .any kind or nature arising out of, relating to or resulting
from the performance of this Contract by Provider or its employees, agents, servants,
partners, principals or sub contractors, except to the extent arising from The Children's
Trust's willful or wanton acts or omissions.
To the extent arising from a liability that is .covered by the foregoing indemnification,
Provider shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of The Children's Trust,
where applicable, including appellate proceedings, and 'shall - pay all costs, judgments, and
reasonable attorney's fees which may issue thereon. Provider agrees that any insurance
protection required by this Contract or otherwise provided by Provider shall in no way limit
the responsibility to indemnify, keep and save harmless and defend The Children's Trust or
its officers, employees, .agents.
The provisions of this section on indemnification shall survive the expiration or termination
of this Contract.
G. COPYRIGHTS AND RIGHT TO DATA /MATERIALS
Where activities supported by this Contract produce original writing, data, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of similar
nature, The Children's Trust has a license to reasonably use, duplicate and disclose such
materials in whole.or in part in a manner consistent with the purposes and terms of this
Contract, and to have others acting on behalf of The Children's Trust to do so, provided that
such use does not compromise the validity of any copyright, trademark or patent. If the
data /materials so developed are subject to copyright . .trademark or patent, legal title and
every right, interest, claim or demand of any ' kind in and to any patent, trademark or
copyright, or application for the same, will vest in 'Provider or with any applicable third party
who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow
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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 th ; e, 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 )9, 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 `p .
Contract;
e. .Does not furnish and maintain the certificates of insurance required.by'.th'is Contract
or as determined by The Children's Trust;
f Does not meet or satisfy the conditions of award required by, this'Contract;
g. Fails to submit or submits - incorrect or incomplete proof of expenditures to support .
disbursement. requests or .. advance funding disbursements, or fails - to submit or
submits incomplete or incorrect detailed reports of requests for payment;
expenditures or final expenditure reports; included, but not limited to- filing reports
or request for payments in Services & Activities Management System ( " "SAMIS ").
h. Does not submit or submits incomplete or incorrect required reports pursuant to the
scope of Services in this Contract;
i. Refuses to allow The Children's Trust access to records. or refuses to allow The
Children's Trust to monitor, evaluate and, review . Provider's' program, including
required client data;
j. Fails to comply with child abuse and incident reporting requirements;
k. Attempts, to meet its obligations under this Contract through fraud;
misrepresentation or material. misstatement;
J. 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 obligatio,n' or repayment - schedule to
The Children's Trust or any of its agencies;
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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 shalt not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
Contract.
2. Remedies
If Provider fails to cure any breach within thirty (30) days after receiving written notice from
The Children's Trust identifying the breach, The Children's Trust may pursue any or all of
the following remedies:
a. The Children's Trust may, at its sole discretion, enter into a written performance
improvement plan with. Provider to cure any breach of this Contract as may be
permissible under state or federal law. Any such remedial plan shall be .an addition
to this Contract and shall not affect' or render void or voidable any other provision
contained in this. Contract, costs, or any judgments entered by a court of appropriate
jurisdiction.
b. The Children's Trust may suspend payment in whole or in part under this Contract by
providing written notice of suspension to Provider of such suspension and specifying
the effective date of suspension, at least five business days before the effective date
of suspension. On the effective date of suspension Provider may (but shall not be
obligated to) continue to perform the S.erv.ices. in . this Contract, but Provider. shall
promptly cease using The Children's Trust's .logo and any other reference to The
Children's Trust in connection with such Services. All payments to Provider as of the
date of suspension. shall .cease, except that The Children's Trust shall continue to
review and pay verifiable ;requests for payment for Services that were performed
and /or for deliverables that'-were substantially, completed at the sole discretion of
The. Children's Trust, prior to the effective date of such suspension. The Children's
Trust may also suspend any payments in whole or in part under any other` contracts
entered into between The Children's Trust and Provider by providing separate . written
notice to Provider of each such suspension. and specifying the effective date of
suspension, which must be at least five business days before the effective date of
such suspension, in any event The Children's Trust shall continue to review and pay
verifiable requests for payment as provided for in such other contracts for services
that were performed and /or for deliverables; that were substantially . 'completed at the
sole discretion of The Children's Trust prior to the effective date of such suspension.
Provider shall be responsible for all .direct and indirect costs associated with such
suspension including reasonable attorney's fees.
C. The Children's Trust may terminate this Contract by`giving written notice to Provider
of such termination and .specifying the date of termination at least five (5) business
,days before the effective date of termination. In the event of such termination, The
Children's Trust may (a) request Provider to deliver to The Children's Trust clear and
legible copies of all finished or unfinished documents, studies, surveys, reports
prepared and secured by Provider.with Trust funds under this Contract subject to the
rights of Provider as provided for - in Paragraphs G and H above; (b) seek
reimbursement of any Trust funds which have been improperly paid to Provider
under this Contract; (c) terminate further payment of Trust funds to'Provider under
this Contract, except that The Children's Trust shall continue to review and pay
verifiable requests for payment for services that were performed and /or deliverables
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that were substantially completed at the sole discretion of The Children's Trust prior
to the effective date of such termination; and /or (d) terminate or cancel, without
cause, any other contracts entered into between The Children's Trust and Provider by
providing separate written notice to Provider of each such termination and specifying
the effective date of termination, which must be at least five business days before
the effective date of such termination, in which event The Children's Trust shall
continue to review and pay verifiable requests for payment as provided for in such
other contracts for services that were performed and /or for deliverables that were
substantially completed at the sole discretion of The Children's. Trust prior to the
effective date of such termination. Provider shall be responsible for all direct and
indirect costs associated with such termination,' including reasonable attorney's fees.
d. The Children's Trust may seek enforcement of this Contract including but not limited
to filing an action with a court of appropriate jurisdiction. Provider shall be
responsible for all direct and indirect costs associated with such enforcement,
including reasonable attorney's fees, costs, and any judgments entered by a court of:
appropriate jurisdiction, including all direct and indirect costs.. and reasonable
attorneys' fees through conclusion of all appellate proceedings, and including any
final settlement or judgment.
e. The provisions of this Paragraph I shall survive the expiration or termination of this -
Contract.
J. TERMINATION BY EITHER PARTY
The parties agree that this Contract may be terminated by either party by'written notice to
the other party of intent to terminate at least thirty (30) calendar days =prior to the
effective date of such termination.
K. INSURANCE REQUIREMENTS
Prior to or on the date commencing the effective term_of this Contract, Provider's insurance Y
agent(s) shall provide to The Children's Trust the following, as applicable: 1) Certificates of
Insurance naming The Children's Trust as an additional insured and the certificate holder on
all applicable policies; and all applicable policies shall be maintained in full force and effect
for the entire term of this Contract.
Or, 2) A letter of self- insurance indicating. coverage applicable to a Florida municipal
corporation required under this section or as determined by The `Children's Trust, except as
required by Florida law for government entities.
Failure by Provider to comply with Section K, shall be a material. breach of this Contract.
The Children's Trust will not disburse any funds under this contract until all required
Certificates of Insurance or letter(s) of self - insurance have been provided to and have .
been approved by The Children.'s Trust.
Provider will carry insurance policies.in the amounts and with the requirements
indicated below:
1. Worker's Compensation Insurance covering all employees, non - incorporated
independent- contractors. or consultants, and incorporated independent contractors or
consultants that do not have worker's compensation coverage, or a .valid. State of Florida
exemption on file with the Department of Labor, as required by Florida Statutes, .Chapter
440. • In the event that the Prov.ider is no longer exempt from obtaining Worker's
Compensation insurance, the Provider must notify The ' Children's Trust and: provide the `
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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 `and the certificate holder with respects to
this coverage. The general liability policy must contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
C. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
3. Automobile liability coverage for all - owned and /or leased vehicles of Provider and
non -owned coverage for their employees and /or sub - contractors and transportation
companies. transporting program participants. The amount of coverage is $1,000,000
combined single limit per occurrence for bodily injury and property damage. The Children's
Trust must be designated and shown as an additional insured and the certificate holder with
respects to this coverage. Coverage can be purchased as non -owned without hired auto
coverage when the cost is prohibitive for hired automobile coverage such as the case with
the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the
course of Provider's regular operations. Rental cars may be used, for travel to attend
conferences outside the tri- county area. Transportation companies used by the Provider for
the funded program must list The Children's - Trust as a certificate holder and as an
additional insured.
4. Automobile liability coverage for .all owned and /or leased vehicles of Provider and
non -owned coverage for their employees and' /or sub - contractors not transporting
program. participants. .,The 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 a'nd 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.
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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 3 rd Avenue, 8th Floor
Miami, Florida 33129
Classification and Rating
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than " - B" as to management, and no less
than "Class W as the financial strength, by the latest edition of Best's
.Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, ,or
its equivalent, subject to the reasonable approval of The Children's Trust:
Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust,
in writing, 'of any material changes in insurance coverage, including, but not limited, to any
renewals of existing insurance policies, not later than thirty (30) days prior to`the effective
date of making any material changes to the insurance coverage except for ten (10) days for
lack of payment changes. Provider shall be responsible for ensuring that all applicable
insurances are maintained and submitted to The Children's Trust. for the duration of this
Contract.
In the event of any change in Provider's Scope of Services, Attachment A, The: Children's
Trust may increase, waive or "modify, in writing any of the foregoing insurance
requirements. Any request by a Provider to decrease, waive or.modify any of the foregoing
insurance requirements shall be approved, in writing, by The Children's Trust prior "to any
such decrease, waiver or modification.
In the "event that an insurance policy is canceled, lapsed or expired during the effective
period of this Contract, The Children's Trust shall withhold all payments to Provider until a
new Certificate of Insurance required under this section is submitted and approved by The
"Children's Trust. The new insurance policy shall cover the time period commencing from.
the date of cancellation of the prior insurance policy.
The Children's Trust may require Provider to furnish additional and different insurance
coverage, or both, as may be required from time to time under applicable federal or state
laws or The Children's Trust requirements. Provision of insurance by Provider, in no
instance, shall be deemed to be a release, 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.
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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, if applicable;
■ 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 completion of the action and resolution
of all issues which arise from it or until the end of the regular retention period, whichever is
later.
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
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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 rSUM mary 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 $100,000 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 j
audit. The program- specific audit shall be performed by an independent certified public
accounting firm that is registered to do business with the Florida State - Department of
Business Regulation; can perform audits under Government Auditing Standards i.e. "Yellow ,r
Book ", and is either a member of the AICPA or FICPA Peer Review Program to include
engagement reviews. 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. u,
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 P'rovider's overall.fiscal health.
In the event that either the audited financial statement or program specific audit is not
received in a timely manner and in accordance with the previously stated due dates ,',and an
audit extension has not been approved, -then The Children's Trust shall withhold all
payments to Provider until said documents are received and determined to be acceptable by
The Children's Trust.
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.
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Contract #1172 -1090, Resolution 2011 -41
4. Monitoring
Provider agrees to permit The Children's Trust personnel or contracted agents to perform
random scheduled and /or unscheduled monitorings, reviews, and evaluations of. the
program, which is the subject of this Contract, including any subcontracts under this
Contract, using The Children's Trust approved monitoring tools. The Children's Trust or
contracted agents shall monitor both fiscal /administrative and programmatic compliance
with all the terms and conditions of the Contract. Provider shall permit The Children's Trust
or contracted agents to conduct site visits, client interviews, client assessment surveys,
fiscal /administrative review and other assessments deemed reasonably necessary in The
Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring
findings will be delivered to Provider and Provider will rectify all deficiencies cited within the
period of time specified in the report.
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 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
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µ
:.P
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 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
y 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 430, 435, 402, 39.001, and
1012.465 Florida Statutes; 'as applicable, employees, volunteers and subcontracted
personnel who work in direct contact with children or.who come into direct contact with
children must complete a satisfactory Level 2 background screening prior to commencing
work pursuant to this Contract.
For purp�oses.of this section, the term "direct - service provider" means a person 18 years of
age or older, "including a volunteer, who provides services to children, youth and their
families. The term does'not include volunteers who assist on an intermittent basis= for less'
than 20 hours per month.
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Contract #1172 -1090, Resolution 2011 -41
Level 2 Background screenings must be completed through the Florida Department of Law
Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program.
Satisfactory background screening documentation will be accepted for those agencies that
already conduct business with either the Department of Children and Families (DCF) or the
Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System
(MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the
person has successfully completed a Level 2 screening will be accepted.
If background screenings are completed with . VECHS, then Provider shall complete
Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The
Affidavit will cover employees, volunteers, and subcontractors performing services under
this contract who are required to complete a Level 2 background screening as defined in this
section. Provider shall keep Attachment E: 'Affidavit for Level 2 Background Screenings" in
Provider's personnel, volunteers, and sub- contractors files. Provider shall re- screen each
employee, volunteer and /or subcontractor every five years.
S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Provider understands that The Children's Trust expects Provider to meet the federal
standards under the Americans with Disabilities Act. By policy of The Children's Trust,
providers must also 'implement .reasonable , programmatic accommodations to include
children .with disabilities and their families, whenever possible. Notwithstanding anything to
the contrary, Provider shall not be required to make any alteration to any public school
building or other building or structure which is not owned by Provider.
T. REGULATORY COMPLIANCE
1. Non - discrimination and Civil Rights
Provider shall not discriminate against an employee, volunteer, or client of Provider on the
basis of race, color, gender,. pregnancy., marital. status, familial status, sexual orientation,
religion, ancestry, national origin, disability, or age, except that programs may target
services for specific target groups as maybe 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 .oth.er 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.
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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 fora
Public Entity Crime may not submit a bid on a contract to provide any 'goods or services to
The Children's Trust, may not submit a bid on a contract with The Children's Trust for the
construction or repair of a public building or public work, may not submit bids on leases of
real property to The Children's Trust, may not be awarded or perform work as a Provider
supplier, sub Provider, or consultant under a contract with The .Children's Trust, and may
not transact any, business with The Children's. Trust 'in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two purchases for a period of
thirty -six (36) months from the date of being placed on, the convicted vendor list. Violation
of this section shall result in cancellation ' of this Contract, and recovery of all monies paid
hereto, and may result in debarment from The Children's Trust's. competitive procurement
activities.
3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade
County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes §112 as
amended, which are incorporated herein by reference as if fully set forth 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. (Refer to
www.miamidadeethics'.com. / Publications /code_of_ethics2010.pdf for the Code. of. Ethics
Ordinance).
4. Compliance with Sarbanes -Oxley Act of 2002
Provider shall comply with the following 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 1
term with The Children's Trust.
6. Incident Reporting
An incident is defined as any actual or alleged event : or situation that creates a significant
risk of substantial or serious harm to the physical -or mental health, safety or well being of a
child participating in the program. Reportable incidents include, but are not Limited, to,
allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child
or abandoned child, loss of property use for the program, or destruction of property. used in
the program.
Provider shall immediately report knowledge or reasonable suspicion. of ,abuse, neglect, or.
abandonment of a child,. aged person, or disabled adult to the Florida Abuse Hotline on the
statewide toll -free telephone number (1- 800 -96- ABUSE). As required by Chapters 39 sand
415, Florida Statutes, this is binding upon both Provider and its employees.
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contract #1172 -1090, Resolution 2011 -41
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.
8. Proof of Policies
Provider and subcontractor; as applicable, shall keep on file copies of its policies including
but not limited to confidentiality, incident reporting, sexual harassment, non - discrimination
equal opportunity and /or affirmative action, Americans with Disabilities Act, and drug -free
workplace.
U. CONSENT
Provider must obtain parental /legal guardian consent for all minor participants to participate
and /or for adult participants in the program for services; and to share information with The
Children's Trust for monitoring and evaluation purposes.
Provider will ask participants to sign a voluntary Consent to Photograph form.. The form is
available in English, Spanish, and Creole and can be downloaded 'from
www.thechildrenstrust.org. The signed consent form for photography will be maintained at
the program site, with a copy filed in the participant's . record. The consent shall be part of
the participants' registration form, ''and signed by parent /guardian before services
commence or assessments are administered. Any refusal of consent must be properly
documented and signed by the parent or legal guardian on the consent form.
V. PROGRAMMATIC DATA REPORTING
Demographic and service information on program participants will be provided to The
Children's Trust as part of The Children's Trust's research mission. Provider agrees to
comply and participate in any data collection reporting, including participant data as
required by The Children's Trust and described in Attachment C to this contract,
Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In
addition, Provider agrees to furnish The Children's Trust with complete and accurate reports
in the timeframe and format to be reasonably specified by The Children's Trust, and as
described in Attachment C.
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- s_S - ..
ba 'Y�x - 3 t r 4Crns ¢T - '.F
Provider must participate and provide agency ' (agency profile) and site(s) information to
Switchboard, of Miami 2 -1 -1, The Children's Trust 24 .hour helpline, as applicable and as
defined in Attachment C: Programmatic Data Reporting Requirements.
W. PUBLICITY
Provider agrees that activities, services and events funded, by this Contract shall .recognize
The Children's Trust as a funding source. Provider shall ensure,.that all publicity, public
relations, advertisements and signs within. its. control recognize The Children's Trust for the
support of all contracted activities. The use of the. official Children's Trust logo is
permissible.
Provider shall use its best efforts to ensure that all media representatives, when inquiring
with Provider about the activities funded by this Contract, are informed thatThe 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 - OOS Program is funded by The Children's Trust. The Children's
5 ,
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. - OOS Program esta financiado por El Fidecomiso de Ios Ninos (The
Children's Trust). El Fidecomiso de los Ninos es uha 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 - OOS Program finanse pa " "The Children's Trust ". Trust Ia, se yon
sous lajan ke gouvenman amerikin vote an referandom_pou 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 .
Provid'er's overall funding, the above lan.guage can be altered to read "The (organization) is
funded in part by The Children's Trust..."
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Contract #1172 -1090, Resolution 2011 -41
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 BLANK.
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Contract #1172 -1090, Resolution 2011 -41
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
No other contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void,
the remainder of this Contract shall not be affected thereby if such remainder would then
continue to conform to the terms and requirements of applicable law.
CITY OF MIAMI BEACH THE CHILDREN'S TRUST
MIAMI-DAD,E COUNTY, FLORIDA MIAMI -DADE COU Y, FLORIDA
By: by:
(Signature of Authorized Representative) (Sign
k C-L'F— M - �� 2 -� Z- Modesto E. Abety- Gutierrez
C( — L -1 President and CEO
(Type /Print Title)
Date: J 2Z ( Date
Provider Federal ID# 59- 6000372
Approv fo m and legal sufficiency
Date:
Coun y A torney
This contract is not valid until signed by both parties.
APPROVED AS TO
FORM & LANGUAGE
i FOR EXECUTION
Date
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Contract #1172 -1090, Resolution 2011 -41
ATTACHMENT A.
Scope of Services _
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Contract #1172 -1090, Resolution 2011 -41
Attachment A
OUT OF SCHOOL
�.1. DESCRIPTION OF SERVICES (Include overall intention of program, outline of program activities, target population to be
served, etc.)
!The City of Miami Beach's Out of School Program provides after school services to 230 general population and 20 children with
I disabilities ages 5 -12 who reside primarily in Miami Beach. The City of Miami Beach's Summer Camp Program services 250 general
!Population and 20 children with disabilities ages 5 -12 residing primarily in Miami Beach. The.program offers activities for children that include
=physical fitness, literac soc ial skills, nutrit education and home learning.
a
Program Timeframes: Year -Round program /both After - School and Summer Camp
2. TARGET POPULATION / PARTICIPANTS (Include numbers in tables and a narrative description of participant
characteristics below).
i n f n" u licatei
Affer school child�slots refer tothe total number�slots;; including general pop at o children' # o < U d p
With disabilities Id Participants
Chi
After- School Child Slots 250
After- School Children With Disabilities Slots 20
Summer Child Slots 270
Summer Children With Disabilities Slots 20
a. Participants By Age: Total estimated number of participants to be served by age group
After- School Children
After School Children
Children Age 5 (enrolled in Elementary School) 20
Children Age 6 -12 (enrolled in Elementary &. Middle School) 230
Children Age 13+ (enrolled in Middle School) 0
Summer Camp Children
Children Age 5 (enrolled in Elementary School) .35
Children Age. 6-12 (enrolled in Elementary & Middle School) 235
Children Age 13+ (enrolled in Middle School) 0
b..Description of participants to be served (describe criteria for program enrollment eligibility, geographic
areas /neighborhoods or schools to be served, risk factors, as well as any other significant demographics information; if serving p
¢children with disabilities include type of disabilities):
North Shore Park and Youth Center primarily serves the population of the North Beach area of Miami Beach. The per capita income in the
northern end of Miami Beach is $19,655 which is lower than the per capita incomes of the middle area of Miami Beach and South' Beach, as - x
;well as that of the county and state. The majority of participants attend either Biscayne Elementary or Treasure Island Elementary, both Title
I schools. The Biscayne Elementary population consists of students from Pre -K through fifth grade that are 84 % Hispanic, 6% White, 8 % Black
"and 2 %0 other. Additionally, 26% of students are English Language Learners and seven percent are students with disabilities. Treasure Island
iconsists of a student body from Pre -K through fifth grade of which 78.5% are Hispanic, 11 % are White and 6.7% are Black. An approximate
1 90% of the population at both Biscayne and Treasure island are considered economically disadvantaged, which exceeds the district and state
percentages. The OOS program will be open to children with learning disabilities (the program will accept children with some physical
disabilities such as hearing, vision, and mobility on a per case basis depending on severity of disability) and will make reasonable
°accommodations to ensure their full participation in the progra
l ..... aaa. �.,, v. �.... , M,...., �,,. M, �..,._, � .��..�.rq.�.�.��.�,..�.... ....
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Contract #1172 -1090, Resolution 2011 -41
3. SERVICE LOCATIONS
Provider will deliver services in accordance with the Program /Service Operating Site Table included in Appendix 1
14. PERFORMANCE MEASURES
Via. Quantity -. "How much will we do ?"
Activities - School Year 2011 -2012
Activity Afterschool Service Name & Facilitators Site7Group Frequen'cy/Intensity /Du ratio n /Time .
T:yp6. Description'
Variance
Literacy Evidence Based Curriculum: Reader's Recreation Program Daily for 30 Min per day for 42 weeks
Theater (Playbooks) Supervisor (Florida
This program allows children to read a Certified Teacher)
story aloud, like a play. Students are Recreation Leader I
assigned a character role and they
read their part with expression,
meaning and enthusiasm. Repeated
readings in multi - leveled small groups
(high, medium, and low readers
together) also provide the practice of
"Repeated Guided Oral Reading"
which is the only proven method of
building reading fluency.
Accommodations for Children with
Disabilities one -to -one setting, read
instructions aloud, small group
setting, allow more time for
completing a task, and guided
reading.
Fitness Evidence Based Curriculum: Sports, Recreation Program Daily for 30 Min per day for 42 weeks
Play and Active Recreation for Kids Supervisor
(SPARK) Recreation Leader
The K -2 PE consists of one section
with 12 Instructional Units:
Building a Foundation, ASAP (Active
Soon as Possible), Parachutes;
Manipulatives; Balance, Stunts and
Tumbling.; Catching and Throwing;
Jumping; Kicking and Trapping;
Dance; Dribbling, Volleying and
Striking; Games and Recess
Activities.
Specific activities include Snakes and
Lizards, Parachute Switcheroo,
and Hawaiian Roller Coaster Ride.
The 3 -6 PE consists of two sections.
The Focus on Fitness section has 10
Instructional Units:
ASAP (Active As Soon as Possible);
Aerobic Games; Chasing and Fleeing;
Fitness Challenges; Fitness Circuts;
Group Fitness; Jump Rope; Map
Challenges; Movement Bands;
Walk /Jog /Run
Specific activities include Flip Flop
Lesson, Aerobic Bowling, and Mirror,
Mirror
The Spotlight on Skills Section
consists of 11 instructional units:
Basketball; Cooperatives; Dance;
Flying Disc; Football; Hockey; Recess
Activities; Soccer; Softball; Stunts and '
Tumbling Volley Ball
S ecific Activities include 3 -Catch
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Contract #1172 -1090, Resolution 2011 -41
t ,
Basketball, Flying Disc Golf and Beat
the Ball. Accommodations for
Children with Disabilities Physical
arrangement of the room and /or
equipment, adaptation of instructional
and /or play materials to facilitate
participation, and /or different
instructional arrangements (large
groups, small groups, cooperative
learning groups, peer partners, and
one -to -one instruction).
Social Skills Evidence Based Curriculum Used: Recreation Leader II 1 day per week for 30 min a day
Positive Action Recreation Leader
Positive Action consists of five
components that rely the intuitive
philosophy that feeling good is in
direct correlation to taking positive
actions. The program teaches the
positive actions for the physical,
intellectual, social, and emotional
areas of the self. The philosophy is
illustrated by the Thoughts- Actions -
Feelings Circle where positive
thoughts lead to positive actions,
positive actions lead to positive
feelings about your self and 'positive
feelings lead to more positive
Y
thoughts. Lessons contain activities d
that adress academic standards and
some are aligned with state _
standards. Lessons include materials
and activities such as: posters (some
interactive), puppets, flannel boards,
.music, games, stickers, fiction and
non- fiction stories, activities - related to
poetry, art, literature, science, and
math, plays, and role plays.
Accommodations for Children with
Disabilities one -to -one setting, read ;
instructions aloud, small group -
setting, allow more time for
completing a task, and guided ;
reading.
Enrichment Under the supervision of the Recreation Leader I K -1 st: Daily for 30 to 60 Min per day for
Activities Recreation Leaders, participants will 42 weeks.
engage in different activities through 2 " — 5 4 times per week for 30 to 60
the program week. Options of the type Min per day for 42 weeks
of activities will vary according to age
group. Children will engage these
activities in small groups, large groups
and individually. Activities include:
Circle Games: All My Friends,
Friends for Life, Soccer
Arts and Crafts: Tie Dye T- Shirts,
Painting Ceramics
Sports and Physical Fitness: Kick
Ball, Ping Pong Tournaments, Flag
Football, Centipede, Winter
Wonderland Dance Practice, Ping
Pong Tournaments
Relay Race and Tag Games: Potato
Sack Race, Bubble Gum Relay Race,
Magazine Race
Musical Games: Boogie Fever Burst
City of Miami Beach Page 23 of 71
Contract #1172 -1090, Resolution 2011 -41
Your Bubble, Musical Chairs
Science and Nature: Nature Hunts
Trivia and Reasoning: 20 Questions,
Hang Man, Charades, Coach for a
Day Job Interviews
Low Impact Games: King Chase
Queen, Make the Statue Laugh,
Prisoner's Ball, 7 -Up, , Human Tic
Toe
High Impact Games: Octopus,
Doctor, DoctorOptions of the type of
activities will vary according to age
group.
Computer Skills: Use education
related programs to enhance and
support literacy and homework efforts.
Supervised Under the supervision of the Recreation Leader 1 1 day per week for 30 Min a day for 42
Free Choice Recreation Leaders children will have weeks
the opportunity to engage in the
activities of their choice from among
the following: Arts and Crafts,
Board Games, Make a Bracelet
Computer Skills, etc. Children will
engage in these activities in small
groups or individually.
Nutrition All children receive a two - component Recreation Leader II Daily for 30 Min per day
snack provided by Feeding South
Florida once they arrive to the
program from school. During full days,
children receive a nutritious lunch in
addition to a two - component snack.
Lunches for'Full Days will be procured
from Publix, Costco, GFS, Pizza Fiore
or Dominos. All foods and beverages
served will meet or exceed USDA
guidelines.
Family Winter Wonderland takes place in Recreation Program 1 time ( in December) for 3 hours
Involvement December. It is an event that involves Supervisor
participants in several roles, including
taking part in performances, as well
as supporting activities. Children have
an opportunity to showcase what
they've learned and the costumes and
sets they've created in preparation for
their performances. Parents are in
attendance to watch their children in a
variety of dances and skits revolving
around the joy of winter and the
holidays. The Winter Wonderland
promotes creativity, diversity and
education.
Family The Hispanic Heritage Festival takes Recreation Program 1 time (in October) for 3 hours
Involvement place in October and is an evening Supervisor
where participants will learn about a
variety of different Hispanic cultures.
For several weeks leading up to the
event, children put many hours of
preparation going into creating
costumes and posters in
representation of the children's
different cultures. Children will
erform skits and dances showcasin
City of Miami Beach Page 24 of 71
Contract #1172 -1090, Resolution 2011 -41
the cultures of different Latin countries
and will decorate costumes specific to
different regions. Parents and families
will be invited to attend to watch their
children perform.
Homework Children have the opportunity to work Recreation Program Daily for 30 Min per day for 39 weeks
Assistance on homework assigned to them at Supervisor (Florida
school. Recreation Leaders, as well Certified Teacher)
as a Florida Certified Teacher are Recreation Leader
available to assist children with any
questions they may have regarding
their assignments.
Activities - Summer 2012
Activity ° Summer Service Name & Facilitators. Site /Group Fre /Intensity /Duration /Time
Type Descri ption Variance
Literacy Evidence Based Curriculum: Reader's Recreation Program Daily for 60 Min per day for 10 weeks
Theater (Playbooks) Supervisor (Florida
This program allows children to read a Certified Teacher)
story aloud, like a play. Students are Recreation Leader I
assigned a character role and they
read their part with expression,
meaning and enthusiasm. Repeated
readings in multi - leveled small groups
(high, medium, and low readers
together) also provide the practice of
"Repeated Guided Oral Reading" £,
which is the only proven method of
building reading fluency.
Accommodations for Children with
Disabilities one -to -one setting, read r
instructions aloud, small group setting,
allow more time for completing a task,
and guided reading.
Fitness Evidence Based Curriculum: Sports, Recreation Leader II Daily for 60 Min per day for 10 weeks
Play and Active Recreation for Kids Recreation Leader I Swimming — 2-times a week for 45 min
(SPARK) Pool Guards for 10 weeks.
The K -2 PE consists of one section (Swimming)
with 12 Instructional Units:
Building a Foundation, ASAP (Active
Soon as Possible), Parachutes;
t Manipulatives; Balance, Stunts and
Tumbling; Catching and Throwing;
Jumping; Kicking and Trapping;
Dance; Dribbling, Volleying and
Striking; Games and Recess
Activities.
Example activities include Snakes and
Lizards, Parachute Switcheroo, „
and Hawaiian Roller Coaster Ride.
The 3 -6 PE consists of two sections.
The Focus on Fitness section has 10
Instructional Units:
ASAP (Active As Soon as Possible);
Aerobic Games; Chasing and Fleeing;
Fitness Challenges; Fitness Circuts;
Group Fitness; Jump Rope; Map
Challenges; Movement Bands;
Walk/Jog /Run
Example activities include Flip Flop
Lesson, Aerobic Bowling, and Mirror,
Mirror
The Spotlight on Skills Section
consists of 11 instructional units:
Basketball; Cooperatives; Dance;
Flying Disc; Football Hocke � Recess
City of Miami Beach Page 25 of 71
Contract #1172 -1090, Resolution 2011 -41
Activities; Soccer; Softball; Stunts and
Tumbling; Volley Ball
Example Activities include 3 -Catch
Basketball, Flying Disc Golf and Beat
the Ball, Swimming at Normandy Isle
Park and Pool.
Accommodations for Children with
Disabilities Physical arrangement of
the room and /or equipment,
adaptation of instructional and /or play
materials to facilitate participation,
and /or different instructional
arrangements (large groups, small
groups, cooperative learning groups,
peer partners, and one -to -one
instruction).
Social Skills Evidence Based Curriculum Used: Recreation Leader II 2 times per week for 60 min per day for
Positive Action Recreation Leader 1 10 weeks
Positive Action consists of five
components that rely on the intuitive
philosophy that feeling good is in
direct correlation to taking positive
actions. The program teaches the
positive actions for the physical,
intellectual, social, and emotional
areas of the self. The philosophy is
illustrated by the Thoughts- Actions- .
Feelings Circle where positive
thoughts lead to positive actions,
positive actions lead to positive
feelings about your self and positive
feelings lead to more positive
thoughts. Lessons contain activities
that adress academic standards and
some are aligned with state
standards. Lessons include materials
and activities such as: posters (some
interactive), puppets, flannel boards, .
music, games, stickers, fiction and
non- fiction stories, activities related to
poetry, art, literature, science, and
math, plays, and role plays.
Accommodations for Children with
Disabilities one -to -one setting, read
instructions aloud, small group setting,
allow more time for completing a task,
and guided reading.
Enrichment Under the supervision of the Recreation Leader 1 5 days a week for'60 minutes
Activities Recreation Leaders, participants will
engage in different activities through
the program week. Children will
engage these activities in small
groups, large groups and individually.
Activities include:
Circle Games: Chicken Picks, Hide
the Carrot, Telephone Pictionary,
Wonder Ball, Around the World
Sport and Physical Fitness Games:
Loco Luau Dance Practice, Frisbee
Toss, Jump Rope, Centipede, Kick
Ball, Frisbee Golf, Balloon Volley Ball,
Flag Football; Three Team Soccer,
Basket Ball Kick Up, Ping Pong
Tournament, Volley Ball, Soccer,
Basket Ball, Wacky Olympics Day,
Jump Rope Games
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Contract #1172" -1090, Resolution 2011 -41
Arts and Crafts Activities: Painting
Ceramics, Tie,Dye T- Shirts,
. r ,
Musical Games: Burst Your Bubble
Science and Nature Games: Nature
Hunt, Science Lessons and Activities
Trivia and Reasoning Games:
Treasure Hunt, 20 Questions,
Detective, I Spy, Blob Tag, Little Black
Box, Human Clue, Charades, Comics
Trivia Contest, Concentration .
Relay Race and Tag Games: Freeze
Tag, Four Corners, Man Hunt, Tails,
Dribble Tag, Tails,'Wizards Giants
and Elves, Potato Sack Race, Ping
Pong Spoon, Balloon Pop, Red Light,
Green Light, Over and Under, Tower
Game
High Impact Games: Burst the
Balloon, Steal the Bacon, Volcanoes
and Craters, Envelope Game, Dragon
Tail, Touch 'Down, Mine Field Game
Low Impact Games: Shoe Pile Up
Balloon Pen Pal, Human Tic Tac Toe, ?
Table Games, Simon Says, Bank
River Boat, Relay Race, Follow the
Leader, Human Ring Toss, Name
Bingo, Air Hockey, Arcade Game
Tournament, Hot and Cold, Mirror
Image, Friends for Life, Impulse,
Silent Ball, Stop
Supervised Computer Skills Recreation Leader 1 2 days a week for'60,minutes
Free Choice Arts and Crafts
Board Games ,
Make a Bracelet
Sports
Science and Nature Activities
Make a Kaleidoscope -
Musical Games
Family Loco Luau takes place in June and is Recreation Program 1 Time (in June) for 3 Hours
Involvement' an'event that'involves participants in a Supervisor
variety of roles, including
performances and supporting
activities. Parents in attendance watch
children perform in choreographed
dances and skits that revolve around
summer fun and Hawaiian culture.
Nutrition All children will receive a nutritious Recreation Leader 11 Daily for 60 'Min'per day
lunch and a two - component snack
that meets or exceeds the USDA
guidelines every day during Summer
Camp.'Lunches and snacks are
procured from the Miami Dade
Community Action Agency Summer
Food Service Program.
Field Trips: School Year 2011 -2012
Location Associated Service
/Activity # ofVisits
N/A
City of Miami Beach Page 27 of 7'1
Contract #1172 -1090, Resolution 2011 -41
;Field Trips: Summer 2012
I
Location Associated SenricelActivity z# of Visits
Normandy Isle Park and Pool Physical Fitness (Swimming) 2
Scott Rakow Youth Center Ice Rink Physical Fitness (Ice Skating) 1
Lion Country Safari Literacy (Science and Nature) 1
Rapids Water Park Physical Fitness (Swimming) 1
1b. Quality - "How well will we do it ?" In this section Provider must describe how Quality of the program would be assessed.
Some examples include: procedures /measures to ensure fidelity to the curriculum; satisfaction surveys; staff training_
Quality Measure Measurement and Reporting Tool Timing. (. g ;After
(e.g., Satisfaction Survey) completion.:of XX" activity) ;
Average number of children attending per day Data Tracker Utilization Report At least Monthly
Participant Retention / engagement Data Tracker Utilization Report At least Monthly
# % % of parents /caregivers and children /youth satisfied Satisfaction Survey After School: March
with OOS programs and summer camps Summer Camp: Once during summer
Observation of service delivery/Fidelity checklist - Curriculum Observation Checklist for Each checklist will be administered 2
Literacy (developed by Reader's Theater) times per school year (at least once
Curriculum Observation Checklist for during fall), and 1 time in•summer
Fitness (developed by SPARK) camp
- Curriculum Observation Checklist for
Social Skills (developed by Positive Action)
C. Outcomes. - Measuring "Is anyone better off ?"
z
Data,Source/ Timing Associated`;.
Required, Afterschool"Outcomes Measucement.Tool Activity
Mid -point performance: 85% of children will improve oral reading skills 1 minute Oral Reading Pre, Mid, and Literacy Activities
End -of -year performance: 90% of children will,improve oral reading skills Fluency (ORF) Post tests
Mid -point performance: 75% of children will improve fitness performance PACER Multi -Stage Pre, Mid, and Fitness Activities
End -of -year performance: 85% of children will improve fitness performance Shuttle Run Post tests
Required Summer Outcomes Data"So "u,rce/ Timing Associated"
Measurement Took Activity
85% of children will improve or maintain oral reading skills 1 minute Oral Reading Pre and Post Literacy Activities
Fluency (ORF) tests
85% of children will. improve or maintain fitness performance PACER Multi -Stage Pre and Post Fitness Activities.
Shuttle Run tests
City of, Miami Beach Page 28 of 71
Contract #1172 -1090, Resolution 2011 -41
. EVIDENCE BASED PROGRAMS (EBP)
All'strategies funded by The Children's Trust should, deliver high quality, evidence -based .practices that are strength - based,
family centered, accessible, respectful of diversity and mindful of community context and connections, or constitute best
1practices that have been approved by'The Children's Trust because when performed with fidelity they should deliver '
lanalogously high quality services.
l
Listed are the evidence - based programs (if any) that will be used during activities /service delivery..For information on evidence-
ibased programs; visit The Children's Trust website.
Evidence Based Pro 'ram F Desr natin A enc Acti it /S e ric
ve Na me from'
g g g g Y Y
C F
ct OV
4
A Se ion 4.ab e'
OOS - Reader's Theater (Playbooks) - Selected from Trust- approved list of programs Literacy
-. in the NOFA
OOS - Sports, Play, and Active Recreation for Kids Selected from.Trust- approved'list of programs Physical Fitness
(SPARK) in the NOFA
OOS - Positive Action Substance Abuse Mental Health Services Social Skills
Administration (SAMHSA)
1 6: RATIOS ._...
Period /Population #Child :Slots . # Staff
School Year 2011 -2012. 250 20 .
School Year for Children with Disabilities
Summer 2012 .270 20
'Summer for Children with Disabilities
m
7. STAFF QUALIFICATIONS
...,., x .., ..,....
Provider represents that all persons delivering the Services required -, by this Contract have'the knowledge and'skills, either by
straining, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and
Services set forth in the Scope of Services (Attachment A) and to provide and.perform such Services to The Children's Trust's
' satisfaction. All persons delivering the services described herein must be included in the Position Management module of
SAMIS and Ap p ehdix 2:
Provider is cautioned to review Attachment C to this contract for the terms of programmatic
performance and data reporting requirements that must be followed in conjunction with the
specific terms applicable to this contract in this Attachment A Scope of Services:
City of Miami Beach f
Page 29 0 71
Contract #1172 -1090, Resolution 2011 -41
APPENDIX 1:
Program Service O
Site Table
City of Miami Beach Page 30 of 71
Contract #1172 -1090, Resolution 2011 -41
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City of Miami Beach Page 33 of 71-
Contract #1172 - 1090, Resolution 2011 -41
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