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Contract No. 1172-1090 w/ Children's Trust / /_t 7YoOV FY 2011 -2012 lu 4 _ },, ` r l 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. City of Miami Beach Page 1 of 71 Contract #1172 -1090, Resolution 2011 -41 { 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. City of Miami Beach Page 2 of 71 _—Contract. #1- 17.2 -1090, Resolution 2011 -41 !I "t + 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: City of Miami Beach Page 3, of 71' Contract #1172 -1090, Resolution 2011 -41 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 City of Miami Beach Page 4 of 71 Contract #1172 -1090, Resolution 2011 -41 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; City of Miami Beach Page 5 of 71 Contract #1172- .1090, Resolution 2011 -41 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 City of Miami Beach Page 6 of 71 Contract #1172 -1090, Resolution 2011 -41 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 ` City of Miami Beach Page 1 of 71 Contract #1172 -1090, Resolution 2011 -41 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. City of Miami Beach Page 8 of 71 Contract #1172 -1090, Resolution 2011 -41 t 1 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. City of Miami Beach ' Page 9 of 71 Contract #1172 -1090, Resolution 2011 -41 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 City, of Miami Beach Page 10 of 71 Contract #1172 -1090, Resolution 2011 -41 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. City of Miami Beach Page' 11 of 71` E 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 City of Miami Beach Page 12 of 71 Contract #1172 -1090, Resolution 2011 -41 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. City of Miami Beach Page 13 of 71' 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. City. of Miami Beach Page 14 of 71 Contract #1172 -1090, Resolution 2011 -41 - .. ti, x�t- .C. ' �c �•L.y . t`°'c. �+t r "�s,'{� ,"*q,. � ; Y,.. - - 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. City of Miami Beach Page 15 of 71 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. City of Miami Beach Page 16 of 71 Contract #1172 -1090, Resolution 2011 -41 - 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..." City of Miami Beach Page - 17 of 71 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. City of Miami Beach Page 18 of 71 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 City of Miami Beach Page 19 of 71 Contract #1172 -1090, Resolution 2011 -41 ATTACHMENT A. Scope of Services _ City of Miami „Beach Page 20 of 71 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.�.�.��.�,..�.... .... City of Miami Beach Page 21'of 71 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 City of Miami Beach Page 22 of 71 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 City of Miami Beach Page 26 of 71 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 a ' m Y ii 3 tL Z u c7s C o p c » o (V N v u E -o „ v o M rn o T a D m �} o µ e; o) N M N . CL v ° IT 40 M V Z ROM •� �T I LA y N O �N N N W O 7 c fu u rL tt s a v d H o u A g� y o O"joZo t= m 9 7 o f c .ice..; N ' n�', ex N, r C 10 N �; 3 a G �t a O y 0 a W L U E V« N Y ^. 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O �'�u ¢ Oa �o'� 2��' -.. a Y N Rp "3 _ ' ,� z In �.O 9 oi m Q v'a' y•,,o q s \ \\ O ' ''o Ql r R, �. p � M s NO �L C � O c O � N: Z >Ifl C M J "M T ' a N 3 >_ Q1 'aka.. -..,, °+ C O. O L' U O ! O F N 1] !n R y w u C _ Z A C 3 a- N- AT V : N N N U (n Q (n a O U U = a = � N L ' y u o m c U O E - 6 z z L .. L 3 W z Q c , O ,. cro U a = E cn Z . _ .. .fie.. � • _ � ��., ' <�'` � r. w ,,. - ...- . - APPENDIX 2: Staffi Pl Ft City of Miami Beach Page 33 of 71- Contract #1172 - 1090, Resolution 2011 -41 �. � f - �_ I I _ ..� C