Contract 1128-1090 with children's Trust FY 2011-2012
CONTRACT NO. 1128-1090
BETWEEN THE CHILDREN'S TRUST
AND City of Miami Beach
FOR Early Childhood Development
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THIS CONTRACT is between The Children's amt Trust
Bea Beach hereafter ressProviders whose addres 8'is F1700
Miami, Florida 33129 and City o M
Convention Center Drive, Miami Beach, Florida 33139.
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In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes
hereafter referred to as "Parties") agree as follows: I
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A. EFFECTIVE TERM
The effective term of this Contract shall be from August 1, 2011 through July 31, 2012 subject to
funding availability and Provider's performance.
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B. TERMS OF RENEWAL, if applicable
In the sole discretion of The Children's Trust, this Contract may be renewed with the
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acknowledgement of Provider. for Prop (RFP) and Board authorization, renewal may dnot I
accordance with the Request p
equal to the term of the initial contract for a total maximum of three (3) terms.
exceed a term ;
The Children's Trust in its sole discretion will consider, but is not limited to, the toll
owing
1 P rovider meeting the performance requirements specified in this Contract.
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2. Continued demonstrated and documented need for the services funded.
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3.
Pro ram 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
fiscpro iibiteo a other without beaato year
anticipation of budgeted revenues from one Y
extension provisions in the contract.
5. If applicable, The Children's
TruTrust
t in its ole discretion will initiate re-negotiation of this
Contract before the contract
C. SCOPE OF SERVICES
1, Provider agrees to render services to in accordance this Contract. with the
shall implement mplementi the
Attachment A, hereafter "Services",
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.
Provider agrees that all funding provided by The Children's Trust, pursuant to this
3. Contract will be used exclusively for services in and for the oenefii of Miami-Dade County
residents.
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D. TOTAL FUNDING
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Subject to the availability of funds, the maximum amount payable for Services rendered under
this Contract shall not exceed $150,000.00 Provider agrees that should available funding to The
Children's Trust be reduced, the.amouni payable under this Contract will be reduced at the sale
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.
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E. FISCAL MANAGEMENT
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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 i
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 691-73.001, and is defined as individual items with to
value of $1,000 or greater which have a life expectancy of more than one year. Provider is
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 rof ider.
Provider can purchase the equipment at the depreciated cost with the app roval 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, of 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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Contract#1128-1090.Resolution 2011-37
4. Assignments and Subcontracts
Provider shall not assign this Contract to another party. Provider shall not subcontract any
Services under this Contract without prior written approval of The Children's Trust. In any
rom this contract into each
subcontract, Provider shall incorporate appropriate language f
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 muss
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 some manner as Provider under the i
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 and 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 paid ricb Provider
subcontractor. The Children's Trust
reserves tthe rg ht to equireverifiationomProv der and/or subcontractor of payment
satisfactory work performed by the subcontractor.
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Provider and any Subcontractor must be currently qualified to do business in the State of Florida
at the time that a subcontractor agreement is entered into and services are rendered.
5. Religious Purposes
Providers and/or their faith-based community partners shall not use any funds provided under
this Contract to support any inherently religious activities, including but not limited to, any
religious instruction, worship, proselytization, publicity or marketing materials. Any such use by
Provider shall be a material breach of this Contract.
6. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The
Children's Trust for lobbying any federal, state or local government or legislators. Any such use
by Provider shall be a material breach of this Contract.
7. Adverse Action or Proceeding
Provider shall not use any funds under this Contract, or any other funds provided by The
Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its
agents, employees or officials. Any such use by Provider shall be a material breach of this
Contract.
8. Compliance applicable, with federal, state,
Provider agrees to maintain and ensure its compliance, as
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.
Provider further agrees to provide agency and site(s) information to Switchboard of Miami 2 1-1,
The Children's Trust 24 hour helpline.
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F. INDEMNIFICATION BY PROVIDER.
1. Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28,
Provider shall indemnify and hold harmless The Children's Trust and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys'
fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as
a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising
out of, relating to or resulting from the performance of this Contract by Provider or its employees,
agents, servants, partners, principals or subcontractors.
Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28,
Provider shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of The Children's Trust, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and
reasonable attorney's fees which may issue thereon.
2. All Other Providers
Provider shall indemnify and hold harmless The Children's Trust and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including reasonable
attorneys' fees and costs of de ,
fense 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.
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_ 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 of demand of any kind in and to any patent, trademark or copyright, or application for
the same, will vest in Provider or with any applicable third party who has licensed or otherwise
permitted Provider to use the same. Provider agrees to allow The Children's Trust and others
acting on behalf of The Children's Trust to have reasonable use of the some consistent with the
purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use
does not compromise the validity of such copyright, trademark or patent.
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Contract#1128-1090,Resolution 2011-37
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 exteni permitted by Chapter 119, Florida
Statutes, Provider retains sole ownership of intellectual property developed under this Contract.
Provider is responsible for payment of required licensing fees if intellectual property owned by
other parties is incorporated by Provider into the services required under this Contract. Such
licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs
arising from the use of others' intellectual properly shall be at the sole expense of Provider.
As applicable for The Children's Trust under Fla. Siai. Section 768.28, and to the extent permitted
by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnity and hold each
other harmless from liability of any nature or kind, including costs and expenses for or on
account of third party allegations that use of any intellectual property owned by the third party
and provided, manufactured or used by the indemnifying Party in the performance of this
Contract violates the intellectual property rights of that third party.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract if Provider through action
or omission causes any of the following:
a. Fails to comply with Background Screening, as required under this Contract.
b. Fails to provide the Services outlined in the scope of services (Attachment A) within the
effective term of this Contract;
C. Fails to correct an imminent safety concern or take acceptable corrective action;
d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
e. Does not furnish and maintain the certificates of insurance required by this Contract or as
determined by The Children's Trust;
f. Does not meet or satisfy the conditions of award required by this Contract;
g. Fails to submit or submits incorrect or incomplete proof of expenditures to support
disbursement requests or advance funding disbursements,.or fails to submit or submits
incomplete or incorrect detailed reports of requests for payment, expenditures or final
expenditure reports; 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;
I. Fails to correct deficiencies found during a monitoring, evaluation or review within a
specified reasonable time;
M. Fails to meet the terms and conditions of any obligation or repayment schedule to The
Children's Trust or any of its agencies;
n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws;
o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants,
contracts and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
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2. Remedies
If Provider fails to cure any breach within thirty (30) days afier 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, eniei 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 of in part under this Contract by
providing written notice of suspension to Provider of such suspension and specifying the
effective date of suspension, at least five business days before the effective date of
suspension. On the effective date of suspension Provider may (but shall not be obligated
to) continue to perform the Services in this Contract, but Provider shall promptly cease
using The Children's Trust's logo and any other reference to The Children's Trust in
connection with such Services. All payments to Provider as of the date of suspension
shall cease, except that The Children's Trust shall continue to review and pay verifiable
requests for payment for Services that were performed and/or for deliverables that were
substantially completed at the sole discretion of The Children's Trust, prior to the effective
date of such suspension. The Children's Trust may also suspend any payments in whole
or in part under any other contracts entered into between The Children's Trust and
Provider by providing separate written notice to Provider of each such suspension and
specifying the effective date of suspension, which must be at least five business days
before the effective date of such suspension, in any event The Children's Trust shall
-- continue to review and pay verifiable requests for payment as provided for in such other
contracts for services that were performed and/or for deliverables that were substantially
completed at the sole discretion of The Children's Trust prior to the effective date of such
suspension. Provider shall be responsible for all direct and indirect costs associated with
such suspension including reasonable attorney's fees.
C. The Children's Trust may terminate this Contract by giving written notice to Provider of
such termination and specifying the date of termination at least five (5) business days
before the effective date of termination. In the event of such termination, The Children's
Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of
all finished or unfinished documents, studies, surveys, reports prepared and secured by
Provider with Trust funds under this Contract subject to the rights of Provider as provided
for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have
been improperly paid to Provider under this Contract; (c) terminate further payment of
Trust funds to Provider under this Contract, except that The Children's Trust shall continue
to review and pay verifiable requests for payment for services that were performed
and/or deliverables that were substantially completed at the sole discretion of The
Children's Trust prior to the effective date of such termination; and/or (d) terminate or
cancel, without cause, any other contracts entered into between The Children's Trust
and Provider by providing separate written notice to Provider of each such termination
and specifying the effective date of termination, which must be at least five business
days before the effective date of such termination, in which event The Children's Trust
shall continue to review and pay verifiable requests for payment as provided for in such
other contracts for services that were performed and/or for deliverables that were
substantially completed at the sole discretion of The Children's Trust prior to the effective
date of such termination. Provider shall be responsible for all direct and indirect costs
associated with such termination, including reasonable attorney's fees.
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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
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 Provider is no longer exempt from obtaining Worker's Compensation
insurance, the Provider must notify The Children's Trust and provide the necessary certificate of
insurance upon the termination of the exemption. The employer's liability portion will be
$500,000/$500,000/$500,000 as a minimum.
2. Comprehensive General Liability insurance, to include sexual molestation, in an amount
not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a
policy year. Deductibles exceeding $1,000 are discouraged, unless Provider can provide
financials to support a higher deductible. The Children's Trust must be designated and shown as
an additional insured 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 of Corporal Punishment;
d. No endorsement for premises only operations.
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3. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-
owned coverage for their employees and/or sub-confraciors 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 minimum amount of coverage is $300,000 combined single limit per
occurrence for bodily injury and property damage. The Children's Trust must be designated and
shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage.
Coverage can be purchased as non-owned without hired auto coverage when the cost is
prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint
Underwriting Association; but rental cars cannot be used in the course of Provider's regular
operations. Rental cars may be used for travel to attend conferences outside the tri-county
area.
5. If applicable, Special Events Coverage, as determined by The Children's Trust. The
liability coverage will be the same as the coverage and limits required for comprehensive
I general liability and The Children's Trust must be designated and shown as "Additional Insured as
- Their Interest May Appear." Special Events policies are for short term functions and not meant to
replace annual liability policies. The coverage is for the day or days of the event and must
provide coverage the day prior and the day following the event.
6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with
coverage amounts determined by The Children's Trust but not less than $250,000 per claim and
in the aggregate. Defense costs may be inside the limits of liability and the policy can be written
on claims made form. The Children's Trust is not required to be named as an Additional Insured.
Professional liability insurance is generally required when the scope of services uses professional
services that require certification or license(s) to provide direct services to program participants.
7. Proof of Property Coverage is required when Provider has capital equipment owned by
The Children's Trust and said capital equipment is under the care custody and control of
Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss
Payee. Property coverage shall survive the expiration or termination of this Contract until such
time the ownership of the capital equipment is transferred to Provider or such capital equipment
is returned to The Children's Trust.
Certificate Holder
Certificate holder must read:
The Children's Trust
3150 SW 3,d Avenue, 8th Floor
Miami, Florida 33129
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classification and Rating
All insurance policies required above shall be issued by companies authorized to do business
under the laws-of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than ',Class V" as the financial strength, by the latesi 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 dale 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 of-
blanket policy or policies of insurance.
L. PROOF OF TAX STATUS
Provider is required to keep on file the following documentation for review by The Children's
Trust:
• The Internal Revenue Service (I.R.S.) tax status determination letter, if
applicable;
• The most recent (two years) I.R.S. form 990 of 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 to>,, liability,
proof of payment must be submitted within sixty (60) calendar days
after the quarter ends.
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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 Presideni/CEO. Ii 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 letter or report or other matters
related to internal control is prepared by the independent audit firm, Provider must confirm in
writing to The Children's Trust that no such report was submitted to Provider. This audit shall be
conducted in accordance with auditing standards generally accepted in the United States of
America and standards contained in the Government Auditing Standards issued by the
Comptroller General of the United States.
Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of
States, Local Government and Non-Profit Organizations or the Florida Single Audit Act, Florida
Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary
schedule of prior audit findings, applicable auditor's reports and the corrective action plan. In
the event that the independent auditor does not disclose audit findings, Provider shall submit
written notification to The Children's Trust that an audit of Provider was conducted in
accordance with applicable laws and regulations and that the findings and questioned costs
disclosed no audit findings related to this Contract; and, that the summary schedule of prior
audit findings did not report on the status of any audit findings relating to awards that The
Children's Trust provided.
Within 180 days of the close of its fiscal year, a Provider who is contracted for a combined total
of $100,000 or more from The Children's Trust from this or any other The Children's Trust contract(s),
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related to the fiscal year under audit, Provider agrees to have o program-specific audit relating
to The Children's Trust contract(s), in addition to the annual financial audit. The program-specific
audit shall be performed by an independent certified public accounting firm that is registered to
do business with the Florida Slate Department of Business Regulation, can perform audits under
Government Auditing Siandards i.e. "Yellow Book", and is either a member of the AICPA or
FCPA Peer Review Program to include engagement reviews. This program-specific audit is to
encompass an audit of The Children's Trust contraci(s) as specified in Attachment D: Program
Specific Audit Requirements.
P provider that does not meet the program-specific audit threshold requirement will be exempt
from the program-specific audit requirement in the fiscal year that the audit threshold is not met.
Audit extensions may be granted in writing by The Children's Trust after proper approval has
been obtained from The Children's Trust's Finance Department, upon receipt in writing of such
request with appropriate justification by Provider. A copy of the engagement letter, along with
the audit completion date and any concerns from the auditing firm in relation to the audit, must
accompany the request. Approved extension requests allow for the continuation of payment
until such time that the extension expires.
The financial audit and other financial information will be used in the evaluation of Provider's
performance and Provider's overall fiscal health.
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 said documentt careerece received and determined nedrtotbe withhold all payments
e by The Children's
Provide
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.
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.
5. Client Records
Pursuant to Florida Statute 1 19.071(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
Page 11 of 48
City of Miami Beach
Contract#1128-1090.Resolution 2011-37
among various systems and other agencies tot research purposes. The Children's Trust does not
collect social security numbers for adult participants.
Provider shall raintain a separate file tot 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 tot 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; (S) pre and post session
questionnaires; (6) all participant attendance records; (7) participant consent and information
release forms; (8) agency policies and procedures; and (9) such other information related to
Service provision as described in Attachment A and as required by this Contract; all upon
request by The Children's Trust. Provider shall retain all records for not less than five years beyond
the last date that all applicable terms of this Contract have been complied with and final
( payment has been received, and appropriate audits have been submitted to and accepted by
the appropriate entity.
7. Confidentiality
Provider and The Children's Trust understand that during the course of performing the Services
hereunder, each party may have access to certain confidential and proprietary information
and materials of the other party in order to further performance of the Services. The Parties shall
protect confidential information and comply with applicable federal and state laws on
confidentiality to prevent unauthorized use, dissemination or publication of confidential
information as each party uses to protect its own confidential information in a like manner. The
Parties shall not disclose the confidential information to any third party (except that such
information may be disclosed to such Party's attorneys), or to any employee of such Party who
does not have a need to know such information, which need is related to performance of a
responsibility hereunder. However, this Contract imposes no obligation upon the Parties with
respect to confidential information which (a) was lawfully known to the receiving party before
receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the
receiving party, (c) is rightfully received by the receiving party from a third party without
restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed
under operation of law, (f) is disclosed by the receiving party with the other party's prior written
approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be
disclosed by law. The confidentiality provision of this Contract shall remain in full force and
effect after the termination of this Contract. Provider shall specifically require all sub-contractors
to comply with this paragraph.
8. Security Obligation
Provider shall maintain an appropriate level of data security for the information Provider is
collecting or using in the performance of this Contract. This includes, but is not limited io,
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.
Page 12 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
9, Withholding of payment
At the sole discretion of The Children's Trust, payment may be withheld for no
of
contractual terms. The Children's Trust will provide payment upon satisfactory compliance of
the contractual terms as solely determined by The Children's Trust.
P. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Contract
including but not limited to amount payable and effective term shall only be valid when they
have been reduced to writing, duly approved and signed by both Parties.
Q. GOVERNING LAW & VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws
of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal
problems arising out of the terms of this Contract and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of
the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida.
R. BACKGROUND SCREENING
In accordance with Sections 943.0542, 984.01, Chapter 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 purposes 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.
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 muss 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 alieration to any public school building or other building or structure which
is not owned by Provider.
Page 13 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
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 may be defined in the competitive solicitation.
Provider shall demonstrate that if has standards, policies, and practices necessary to render
i
services in a manner that respects the worth of the individual and proiects and preserves the
dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic
backgrounds.
Provider agrees to abide by Chapter 1 1 A of the Code of Miami-Dade County ("County Code"),
as amended, which prohibits discrimination in employment, housing and public
accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits
discrimination in employment and public accommodation; the Age Discrimination Act of 1975,
42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of
age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101
et seq., which prohibits discrimination in employment and public accommodations because of
disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If
Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by
the responsible enforcement agency or the courts to be in violation of these laws, said violation
will be a material breach of this Contract and The Children's Trust will conduct no further business
with Provider.
2. Public Entities Crime Act
Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which
essentially provides that a person or affiliate who is a Provider, consultant or other provider and
who has been placed on the convicted vendor list following a conviction for a Public Entity
Crime may not submit a bid on a contract to provide any goods or services to The Children's
Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of
a public building or public work, may not submit bids on leases of real property to The Children's
Trust, may not.be awarded or perform work as a Provider supplier, sub Provider, or consultant
under a contract with The Children's Trust, and may not transact any business with The Children's
Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category
two purchases for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list. Violation of this section shall result in cancellation of this Contract and
recovery of all monies paid hereto, and may result in debarment from The Children's Trust's
competitive procurement activities.
3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade County's
Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes §112 as amended, which
are incorporated herein by reference as it fully set forth herein. Provider agrees to abide by and
be governed by these conflict of interest provisions throughout the course of this Contract and in
connection with its obligations hereunder. (Refer to
httr)://www.miamidade.aov/ethics/iplain.asD for the Code of Ethics Ordinance).
Page 14 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
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, of destroy any document that
may be relevant to an official investigation.
• Provider agrees not to punish whistleblowers or retaliate against any
employee who reports suspected cases of fraud or abuse.
5. Licensing
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 accrediiations, required by the State of Florida, Miami-Dade County, relevant
he municipalities, e Children's
in Trust 01 of Florida r both prioi government. Provider
duriing hescontract qualified tem with
registered
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 and 415,
Florida Statutes, this is binding upon both Provider and its employees.
I
_. 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 incideni. 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, volunieer 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
tor, as.applicable, shall keep on file copies of its policies including but
Provider and subcontrac
not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal
opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace.
Page 15 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
U. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants to participate
and/oi for aduli 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.thechildrenstrusi.org. The signed consent form for photography will be maintained at the
program site, with a copy filed in -the participant's record. The consent shall be part of the
participants' registration form, and signed by parent/guardian before services commence or
assessments are administered. Any refusal of consent must be properly documented and
signed by the parent or legal guardian on the consent form.
V. PROGRAMMATIC DATA REPORTING
Demographic and service information on program participants will be provided to The
Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and
participate in any data collection reporting, including participant data as required by The
Children's Trust and described in Attachment C to this contract, Programmatic Data and
Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to
furnish The Children's Trust with complete and accurate reports in the timeframe and format to
be reasonably specified by The Children's Trust, and as described in Attachment C.
Provider must participate and provide agency (agency profile) and site(s) information to
Switchboard of Miami 2-1-1, The Children's Trust 24 hour helpline, as applicable and as defined in
Attachment C: Programmatic Data Reporting Requirements.
W. PUBLICITY
Provider agrees that activities, services and events funded by this Contract shall recognize The
Children's Trust as a funding source. Provider shall ensure that all publicity, public relations,
advertisements and signs within its control recognize The Children's Trust for the support of all
contracted activities. The use of the official Children's Trust logo is permissible.
Provider shall use its best efforts to ensure that all media representatives, when inquiring with
Provider about the activities funded by this Contract, are informed that The Children's Trust is a
funding source. Provider shall, if if 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 of any other materials for dissemination to the media or general
public:
Page 16 of 48
City of Miami Beach
Contract#1128-1090. Resolution 2011-37
English:
City of Miami Beach, Parent Child Home Program is funded by The Children's Trust. The Children's
Trust is a dedicated source of revenue established by voter referendum to improve the lives of
children and families in Miami-Dade County.
Espanol: )
City of Miami Beach, Parent Child Home Program esid financiado por El Fidecomiso de los Ninos
(The Children's Trust). El Fidecomiso de los Ninos es una fuenie de financiacidn, esiablecida por ;
referendum para mejorar las vidas de ninos y familias en el Condado de Miami-Dade. i
Kreyol:
City of Miami Beach, Parent Child Home Program
poa kehlinvelsdti Trust
n ".
on an pwogram kap 1
sous lajan ke gouvenman amerlkin vote an
ameliore la Vi Ti Moun ok tanmi yo non Myami Dade.
Note: In cases where funding by The Children's Trust represents only a percentage of Provider's
overall funding, the above language can be altered to read "The (organization) is funded in
part by The Children's Trust..."
Y. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for convenience only and are not intended to expand or restrict the
scope or substance of the provisions of this Contract. Wherever used herein, the singular shall
include the plural and plural shall include the singular, and pronouns shall be read as masculine,
feminine or neuter as the context requires.
THE REMAINDER, OF THIS PAGE IS INTENTIONALLY BLANK.
Page 17 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
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 DADE COUNTY FLORIDA MI D E COU TY, FLOR
BY by ,
(Slgna ure ze Repr ntative) ( ignat re)
Jorge M Gonzalez Mode to E. Abel -Gutierrez
City Manaaer President and CEO
(Type/Print Title)
Date: I 1 Date
- -T
Provider Federal ID#59-6000372
Approved as to form and legal sufficiency
�� • /oy�/c — !//� T Date:
County Attorney
This contract is not valid until signed by both parties.
APPROVED AS TO
FORM & LANGUAGE
FO ECUTION
�'City Attorn � �ate
City of Miami Beach Page 18 0148
Contract 91128-1090, Resolution 2011-37
Attachment A
Early Childhood Development
1. DESCRIPTION Of SERVICES(include overall intention of program, outline of program activities, target
population to be served, implementation of EBP, and partners if applicable):
The Pareni-Child Home Program is an evidence-based, research validated early childhood literacy,
parenting, and school readiness program. The program uses trained home visitors to work with families who
have not had access to educational and economic opportunities, preparing children for academic success
and strengthening families through intensive home visiting.The program uses a non-directive, non-didactic
approach, modeling behaviors for parents that enhance children's development rather than teaching
behaviors. A Home Visitor meets with the family for 30 minutes, twice a week, for 23 weeks, on a schedule
that is convenient for the family. Families participate in the two year program when their children are two-
and three-years old, completing the program at four years old.
-.._._...-—.._.... _..._._...... ....__...__....__..._........................_._... -- - - .._....._...._..._... -
2. TARGET POPULATION OR PARTICIPANTS (Include numbers in tables and narrative description of
participant characteristics below):
Type 1 Participants (Intensive Services, 3+ contacts) Number of Unduplicated Participants
50
Children Birth to 5
50
Parents/Caregivers
0
FChildren
h Disabilities (from the total # of Children Birth
0
Type 2 Participants (Less than 3 contacts)
Number of Unduplicated Participants
0
Children Birth to 5
50
Parents/Caregivers
0
Other Adults
Children With Disabilities (from the total # of Children Birth
0
to 5)
Description of participants to be served (describe criteria for program enrollment eligibility, geographic
area of schools to be served, risk factors, as well as any other significant
demographics information; if serving children with disabilities include type of disabilities):
The Parent-Child Home Program (PCHP) serves children who live in families that are poor an
face daily economic, social and familial challenges. Eligibility includes the following:Must live in
Miami Beach
Child must be between the ages of 16 10 35 months a1 time of enrollment
I. Family musi be low-income as defined by 2010 HUD Income Guidelines;
if. Pareni or child was born in another couniry; and/or
III. Pareni has not obtained a college degree
Participants will be recruited through childcare centers, pediatrician offices, .ommunity agency
Page 19 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
ieferrals and self-referrals.
3. SERVICE LOCATIONS Include estimated number of Type 1 participants to be served (intensive
services, 3+ contacts) at each site.
# #
Site Name Street Address City Zip # # Parents
Other
Code Children CWD
Homes Various
Miami Beach 00000 50 0 50 0
4. PERFORMANCE MEASURES -
a. Quantity - "How much will we do?" _ ._. .._ _.....___:_----------- _. .... ....._- .
.... ....I..........__... ......... ..
to receive
Type 1 activities are intensive services, activities which participants are ini Tdhediable reflects the
generally three or more contacts, and include the core program
unduplicated number of participants to be served and the number of required sessions for each
participant io attend for the program to have an impact.
Type 2 activities are less intensive services, events which participants attend one or two times,
and generally activities intended to serve as enhancements to other core program activities.
The table reflects the total number of participants across all events and the required sessions are
the total number of events that will be offered.
Activities/Service Name & # Children/ # # Others # % 7o Activity
Parents Required Meet Type
'Description (Include Youth Sessions Required (1 or 2)
frequency, intensity, &
duration of sessions, as
well as the number of
cycles expected to be
offered and tentative
schedule)
50 50 Tsessions N/A 2
Assessments:Staff will meet with clients for 30 minuies to complete the in-house program intake and
assessment forms to
determine service needs
and natural assets.The
assessment will lead to
the creation of a care
plan for those participants
with 3 or more identified
service needs.
Page 20 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
50 50 0 40 oui of 85 1
Home visitation. 46
Creaies a participatory
triad setting with parent
and child by modeling
how to implement the
curriculum while reading,
playing, listening, and
talking with child about
books & toys. Home
Visitors utilize a non-
directive, non-didactic
approach, modeling
behaviors for parents that
enhance children's
development rather than
teaching behdviors.
Home Visitors help parents
realize their role as their
children's first and most
important teacher,
generating enthusiasm for
learning and verbal
interaction through the
use of engaging books
'^
and stimulating toys. The
.._ 'home visits help families
challenged by poverty,
limited education,
language and literacy
barriers, and other
obstacles to school
success prepare their
children to enter school
ready to be in the
classroom.
Program cycle will run
from October 2011
through May 2012.
Frequency 2x/week ; 30
minutes
Duration: 23 weeks
Page 21 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
50 0 1 100 1
Developmental
Screening:
Home Visitors (HV) will
work with parents to
complete a
developmental
screening, ASQ-3 on each
child.
Frequency: Minimum of
Once per year
ASQ-3 will be completed
by the end of December
50 0 1 100 1
social Emotional
Screenings: Children will
be screened using the
ASQ-SE for social
emotional concerns.
Frequency: Minimum of
Once per year.ASQ-SE will
be completed by the end
lot December
100 0 of children 0 0 1 100 1
Referrals for screened that
Developmental and demonstrate
social emotional developmental/soc
Assessments/Treatment. ial emotional
concerns are
Children screened using referred for follow-
the ASQ-3 who scores at up assessments with
or below the established parental consent.
cut-off point in any one of
the 5 developmental .
areas should be referred
for further assessment with
parental consent.
Chidlren screened using
the ASQ:SE scoring above
the cutoff score, should
be referred for futher
assessment.
One session will be
reported in Data tracker
for the initial referral,
follow-up will be reported
in the Screening and
P.eferral Tracking Reporl
Page 22 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
supervision:
207 staff 23 N/A 2
All Home Visitors (9 staff x sessions
23 (9 staff x
participate in staff weekly 23
supervision meeting with sessions) weekly
the Coordinaior to discuss sessions)
home visits and review
the curricular materials
being brought in the
following week.
Frequency: 2-hour weekly
b. Quality - "How well will we do it?" Description of the required program Quality measures.
Measurement and Reporting Tool Timing (e.g., After
Quality Measure completion of XX activity)
(e.g., Satisfaction Survey)
Average number of home visits received by Data Tracker Attendance Monthly
parents (participant retention/ engagement)
# and % of parents/caregivers who meet or Data Tracker Attendance Monthly
exceed the required number of sessions for
participants to achieve results
# and % of children screened who fall below Screening and Referral Tracking Quarterly
instrument cutoff scores who are referred
Average number of days between screening Screening and Referral Tracking Quarterly
yielding concern and referral for assessment
# and T. of children screened yielding concerns Screening and Referral Tracking Quarterly
who receive assessments
# and % of children assessed yielding concerns Screening and Referral Tracking Quarterly
receiving treatment services
Average number of days between assessment Screening and Referral Tracking Quarterly
and receiving treatment services
# and % of parents/caregif ery satisfied Satisfaction Survey
End of Program
with services provided
Observation of service delivery / Fidelity PCHP Curriculum Observation Monthly
checklist (to measure % of observed sessions Checklist
delivered as expected)
Documentation of structured supervision Staff meeting agenda Weekly
Annually at start of
HR Records
# and % of staff with necessary program and follow-up
training/certification related to proposed with any staff changes.
program
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Contract#1128-1090.Resolution 2011-37
•c. Outcomes - Measuring "is anyone better off?"
Outcome and Target % (e.g., 85%of Data Source/Measurement Timing( hen will
d) Associated Activity
Children/youth/parents will...) Tool(s).
Describe Meaningful
Improvement
I
85-/ of children will improve Child Behavior Traits (CBT) Pre een llnd Home-visits
developmental/school-readiness
Parents and children will Post at the end of
skills. improve by at least one point Program Year 1.
on the 5-poini scale within the I
subscales of Independence,
Cognitive Abilities, and Task
Orientation.
85%of parenis/caregivers will Parent and Child Together TPre-Between H me visit, & Home-visits
increase positive parent/child or (PACT) post at the end of
family interactions.
Parents and children will Program Year 1 .
improve by at least one point
on the 5-point scale.
Data will be Home-visits
85% of parents will report children are Home Visits records reported in
`._-,read to at least 3 times per week at January
'home. Home Visitors will gather this mid-
information during home visits year) and June at
and Program Coordinator will the end of
compile results in a Program Year 1 .
spreadsheet.
85% of children will improve Child Behavioral Traits (CBT) 6th Home v sIt, a d Home-visits
social/emotional development.
Parents and children will Post at the end of
improve by at least one point Program Year 1.
on the 5-point scale within the
subscales of Social
Cooperation and Emotional
Stability.
Page 24 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
5. 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 practices that have been approved by
The Children's Trust because when performed with fidelity they should deliver analogously high
quality services.
Listed are the evidence-based programs (if any) that will be used during activities/service
delivery. For information on evidence-based programs, visit The Children's Trust websiie.
Designating Agency Activity/Service Name
Evidence Based Program g g g y (from Section 4 above)
ECD -Parent Child - Home Program Child Trends
Home visitation
6. STAFF QUALIFICATIONS
)Provider represents that all persons delivering the Services required by this Contract have the knowledge
-- and skills, either by training, experience, education, or a combination thereof, to adequately and
competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A)
and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the
services described herein muss be included in the Position Management module of SAMIS.
Position Title # Staff FT / PT % Effort Position:]p lifications
Duties
Status Type
1 Full- 100.00 Employee Oversee day-to-day
Program Time helo degree in y y
Social Work or related program operations
Coordinator including:
field and one year training/supervising
experience in the Home visitors;
supervision of others. participant
recruitment and
engagement; intake
& assessment of
eligible participants;
completion of all
required funder
reports and data
entry; peer review for
fidelity. Will complete
home visits for 5
participants.
Page 25 of 48
City of Miami Beach
Contract#1128-.1090. Resolution 2011-37
I Full- 10.00 Employee
Bachelor's degree in Fccontraci vides overall
Division Director Time (In- Kind) communication of gram
related field and ai least ervision,
5 years experience in a
progressive leadership negotiations and
role. hiring of program
staff.
1 Full-7or ubcontrac
Staff Master's degree in Recruits and trains
Grants and Time Mental Health Home Visitors.
Outreach Counseling or related Provides weekly
Coordinator field and one year supervision to
experience in the Home Visitors.
supervision of others.
9 Part- 100.00 Subcontrac
Home Visitor Time/ tot Staff High School degree and Fe with families
Season currently enrolled in rovides them
al college or university. ooks and
or the
curricular material
and demonstrates
how to use them.
Completes home
visit record for
r each session. Will
have a caseload
of 5 participants.
* 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.
Page 26 of 48
City of ioiarni Beach
Contract#1128-1090,Resolution 2011-37
ATTACHMENT B
OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
i
Advance payment requests
The Children's Trust offers advance payments up to 15% of the total contract amount. Advance
requests shall be limited to governmental entities and not-for-profit corporations, in accordance
with subsection 216.181 (16) (b),
F.S. The advance request is to include the amount requested i
and the justification. Advance payment requests must be submitted using the designated form
and must be approved in writing by The Children's Trust's Contract Manager and Chief Financial
Officer or their designee(s).
Advanced funds if not used shall be invested by Provider in an insured interest bearing account,
in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be
returned to The Children's Trust on a quarterly basis or applied against the amount of the
contract owed by The Children's Trust.
Advance payment
Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures
paid by or charged to the advanced funds utilizing the reporting format prescribed by The
Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust
will deduct the difference from the next applicable monthly payment request. Provider may
request, in ted and substantiated ubstantiatedf by Provider nno advance. A
extension request o bescons considered
demonstrated
by The Children's Trust.
Budget revisions
Budget revision(s) require written approval from the Contract Manager and The Children's Trust's
Chief Financial Officer of their designee(s). Request for budget revisions must be submitted to
the Contract Manager using the appropriate form. and/or entered into SAMIS. All budget
revisions are subject to final approval by The Children's Trust. Provider must request a budget
revision to add, delete, and/or modify any line item(s). Budget revisions cannot be used to
modify the total contracted amount nor can they be used to modify the Scope of Services. No
more than two (2) budget revisions may be approved during the contract term. Budget revision
requests must be submitted sixty (60) days prior to the expiration of Contract. Budget revisions
will be incorporated into the Contract.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%)
percent of the total contract amount.
Cost Reimbursement Method of Payment
The parties agree that this is a cost reimbursement method of payment contract; Provider shall
be paid in accordance with the approved budget and/or approved budget revision as set forth
in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and
employees for the fulfillment of services provided in this Contract.
Page 27 of 48
City of Miami Beach
contract#1128-1090,Resolution 2011-37
Invoice Requirements
Provider shall submit an original request for payment, utilizing the formal prescribed by The
Children's Trust and in accordance with the approved budget or approved budget revision(s).
The Children's Trust will notify the Provider if the request for payment is to be submitted
electronically using the SAMIS or a reporting "invoice" form/ spreadsheet. The request for
payment is due on or before the fifteenth (151') day of the month following the month in which
expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust
agrees to reimburse Provider on a monthly billing basis. Every request by Provider for payment for
services provided, work performed, or costs incurred pursuant to this Contract, except for any
advanced payments by The Trust, shall be accompanied by a Request for Payment in the
format that is prescribed by The Children's Trust. If there are subcontractors to this Contract,
'Subcontractor Verification of Payment' from subcontractors of Provider must be included if the
Request for Payment includes a request for reimbursement in relation to a payment made to a
subcontractor. These forms may be downloaded from The Trust's websiie. For the purpose of
payment only, a subcontractor is defined as an independent agency that has entered into
agreement with Provider to perform services pertaining to The Children's Trust funded programs
identified in this Contract.
The Children's Trust reserves the right to request any supporting documentation. A final request
for payment (last monthly invoice of the contract term) from Provider will be accepted by The
Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to
comply, all rights to payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds not in accordance with this
Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or
submit appropriate documentation to support the payment within thirty (30) days of notification
by The Children's Trust. After thirty (30) days, The Children's Trust may recapture amounts due to
The Children's Trust, from this or any other The Children's Trust contract by reducing amounts
requested to be reimbursed less the amount owed to The Children's Trust. The Children's Trust
shall have the sole discretion in determining if Provider is entitled to such funds in accordance
with this Contract and The Children's Trust's decision on this matter shall be binding.
In the event that Provider, its independent auditor or The Children's Trust discovers that an
overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar
days without prior notification from The Children's Trust.
If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance
with the Contract, The Children's Trust may amend the Contract to reduce the amount of
dollars. Any delay in amendment by The Children's Trust is not deemed a waiver of The
Children's Trust's right to amend or seek reimbursement for under-serving participants in
accordance with the Contract.
In order for a request for payment to be deemed proper as defined by the Florida Prompt
Payment Act, all requests for payment must comply with the requirements set forth in this
Contract and must be submitted on the forms as prescribed by The Children's Trust. Requests for
payment and/or documentation returned to Provider for corrections may be cause for delay in
receipt of payment. Late submission may result in delay in receipt of payment. The Children's
Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted
Request for Payment and/or other required documentation.
The Children's Trust may retain any payments due until all required reports,deliverables or monies
owed to The Children's Trust are submitted and accepted by The Children's Trust.
Page 28 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
tu000rfing Documentation Requirements
Provider shall maintain original records documenting actual ep nditures required.nd seprovided
according to the approved budgel and scop oe s
documentation shall be made available and provided to The Children's Trust upon request. I
Provider shall keep accurate and complete records of any fees collected, reimbursement, or
compensation of any kind received from any clieni or other third party, for any Service covered
by this Contract, and shall make all-such records available it uses Children's Trust rits t upon Provider i
Provider shall maintain a cost allocation methodology
shall use a cost allocation methodology which assures that The Children's Trust is paying only its
fair share of costs for services, overhead, and staffing not solely devoted to the program funded
ethodology shall be made available to The Children's Trust upon
by this Contract. Such m
request.
I
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
Page 29 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
Budget Summary Report
City of Miami Beach -XX28-1090 PPP ECD Home Visit: Parent-Child Home Program
Fiscal Year 11-12(811111 -7131112)
Contract#: 1128-1090
CSC Program Allocation: $150,000
Budget Status: Submitted
Preliminary Budget?: No
i
Salary Accounts Original Original Amended
Program CSC CSC
Budget Budget Budget
Account# Title
,631 50,232 50,232
62
511 Regular Salaries and Wages 232
908 728 728
521 FICA/MICA 3,758 3,014 3,014
522 Retirement Contributions 169 169
169
523 Life and Health Insurance 151 151
188 I
524 Workers Compensation 0 0 0
525 Unemployment Compensation 54,294
Salary Totals:
67,654 54,294
Expense Accounts Original Original Amended
Program CSC CSC
Budget Budget Budget
Account# Title 4,930 2,541 2,541
531 Travel (other than participants) 0 0 0
i` Travel (participants.) 0
0 0
'`533 Meals(participants) 0 0
2,500
534 Space 4,354 0 0
535 Utilities 1,335 535 535
536 Supplies(office) 10,194 9.804 9,804
537 Supplies(program) 0 0 0
540 Non-Capital Equipment 0 0 0
550 Capital Equipment 0 0 0
591 Indirect Cost 73,326 73,326 73,326
611 Subcontractor 0 0 0
711 Professional Services(instructors) 0 0 0
721 Professional Services(certified teachers) 0 0 0
731 Professional Services(tutors) 0 0 0
741 Professional Services(consultants) 0 0 0
791 Professional Services(other) 0 0
195
811 Other(advertising) 0 0
50
821 Other(background screening) 0 0 0
831 Other(admission to field trips) 9,500 8,500 9,500
891 Other(other) 0 0
--__ 0 .
529 Fringe Benefits(other) 95,706
Expense Totals:
106,384 95,706
Page 30 of 48
City of Miami Beach
Contract#1128-1090.Resolution 2011-37
Salary and Expense Totals:
174,038 150,000 150,000
i
!-rugram Funders
Summary Funders
Total Comment
FunderType Funder
Cash(Summary) 1,385 $800 for file space, furniture and a
Cash copier(with toner and machine
maintenance).
Program brochures for family
recruitment- 500 x .39=$195.00
ASQ-SE Starter Kit with English
Questionnaires$194.95 +ASQ-SE
Starter Kit with Spanish '
Questionnaires$194.95= $389.90 j
In-Kind Contributions(Summary) 22,652 City of Miami Beach Office of
In-Kind Contributions Community Services Division
Director: $123990.88 x 10%=
$12,399
Worker's Compensation Insurance
for Division Director: $123990.88 x
0.3%= $371.97x10%= $37.20
Division Director's pension:
$123,990.88 x 6%=$7439.45x10%
=$743.95
Utilities: City of Miami Beach pays
for Electricity and cleaning
expenses estimated at$40 each
per month: $80 x 12 months=
$960; Computer stations, individual
telephones, software licensing,
internet access and 2417 technical
support are provided for each
employee in the form of a
chargeback to the City per
employee served: 1 computer x
$3,085 per employee work station
_ $3,085; The chargeback for
in-kind employees is: 10%x $3,085
(Division Director)+5% x $3,085
(Payroll Coordinator)_$462.75
Program administration space (10'
x 10')will be provided on the 4th.
floor of City Hall t. Rate is
estimated at$25 per square foot
per year though comparable space
is often leased at a higher cost for
City-owned properties.
Summary Funder Totals: 24,037.00
Page 31 of 48
City of Miami Beach
Contract#1128-1090,Resolution 2011-37
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ATTACHMENT C
Early Childhood Development
Programmatic Performance and Data Reporting Requirements
Provider shall submit to The Children's Trust individual participant demographics, attendance,
and performance measures as noted in the Scope of Service (Attachment A). Reporting
includes electronic submission of quantity and outcomes data into The Children's Trust web-
based reporting system and submission of narrative reports. Provider's use of web-based
reporting requires mandatory training (provided by The Children's Trust) and a user login
name.
Minimum standards for performance are described in the sections below. Failure to meet the
minimum standards for performance will constitute a breach of contract. The Children's Trust
reserves the right in its sole. discretion to determine remedies for such breach, including,
without limitation, terminating a contract, reducing funding commensurate with below-
minimum performance, or imposing other remedies on providers performing below any
minimum standard, or requiring "cures" or "performance improvement plans." . For mid and
end of the year performance reviews, Provider is awarded incremental credit for
approaching'1he identified performance targets.
ACTIVITIES
• Type 1 activities are intensive services, activities which participants are intended to
receive generally three or more contacts, and include the core program activities. Provider
will report: demographics of individual participants within seven (7) days of program
enrollment. Demographics shall be updated regularly when new information is collected
(e.g., new address, grade level).
• Type 2 activities are less intensive services, events which participants attend one or two
times, and generally activities intended to serve as enhancements to other core program
activities. Provider will report: Date(s) of eveni/activity, number of participants served by type
(child, parent or other), and locafion(s) of event/activity (with address and zip code).
PARTICIPANTS
Demographic information required for CHILD/YOUTH participants with 3 or more contacts
(Type 1 activities):
• Participant's Name (last, first, middle initial)
• Parent's Name (last, first, middle initial)
• Street Address, City, and Zip Code
• Parent/Guardian Primary Phone # and Email
• Gender (male, female)
• Date of Birth
• Race (American Indian/Alaska Native, Asian, Black/African American, Pacific
Islander, White, Other)
• Ethnicity (Hispanic, Haitian, Other)
• English Proficiency (yes/no)
• Other language(s) spoken (Spanish, Haitian Creole, Other)
• Last 4 digits ONLY of Child's Social Security #
• Child's Miami-Dade County Public Schools ID Number
• Curreni Grade Level
• Current School Name
• Does child have a Health Insurance? (yes/no)
• Does child have a Documented Disability? (yes/no)
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Contract#1128-1090,Resolution 2011-37
If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition,
Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or
deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical
Disability, Speech/Language Impairment, Visual Impairment (or blind), Other]
u Documentation of Disability (Individualized Family Service Plan; Individualized
Education Plan; Section 504 Plan; diagnosis from a medical doctor, state certified,
registered, or licensed professional; and/or disclosure by a parent/guardian); if child is
noted as having a documented disability, a hard copy of the selected
documentation must be kept within the participant's file for monitoring purposes.
0 Other Child Needs (accommodations, academic, behavioral)
Is participant (information to be reported in the Quarterly Narrative Report):
o A child of a migrant farm worker (i.e., parent/caregiver crossed county or
state lines in search of temporary or seasonal farm work within the past 36
months)
o Involved with the Dependency System (e.g., DCF, Our Kids, full case
management agencies, dependency and family courts)
o Involved with the Delinquency System (e.g., DJJ, Juvenile Services
Department, diversion/Civil Citation programs)
Children with Disabilities - The Children's Trust expects all programs to serve children with
disabilities, regardless of disability type or level, provided they can be safely and reasonably
accommodated in accordance with the Americans with Disabilities Act (ADA).
Providers who may need assistance in determining whether they can safely and reasonably
accommodate children with disabilities must contact the All Children Together (ACT)
Resource Network.
Other information to be obtained for all child participants and included in the participant
files if applicable:
• Medical History and Authorization (including special needs and conditions)
• Emergency Contact Information
• Transportation and Pick-up Authorizations
• Confidentiality of Client Information
• Voluntary Consent for Video and Photography
• Signed release of information to The Children's Trust and authorization to participate
Demographics required for PARENT/CAREGIVER and OTHER (e.g., community members, staff)
participants with 3 or more contacts (Type 1 activities):
• Number of children in their care (for Parents/Caregivers only)
• Participant's Name (last, first, middle initial)
• Street Address, City, and Zip Code
• Gender (male, female)
• Date of Birth
• Race (American Indian/Alaska Native, Asian, Black/African American, Pacific
Islander, White, Other)
• Ethnicity (Hispanic, Haitian, Other)
• English Proficiency (yes/no)
0 Other language(s) spoken (Spanish, Haitian Creole, Other)
O Participant's Highest Grade of School Completed
PERFORMANCE MEASURES
Recruitment / Attendance How much are You doing? (for all Type 1 activitiesl
Attendance refers to the actual number of participants (with at least one day of
attendance) in a program. Attendance cannot be entered for a given participant until
Page 42 of 48
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Contract#1128-1090,Resolution 2011-37
her/his demographic information has been completed. The contracted number of
participants is expected to be recruited and enrolled in each activity as established in
Attachment A (Scope of Services).
Mid-Year Review Requirement: For type 1 activities, recruitment must be 100% of
contracted participants, as stated in Attachment A, for year-round and school-year only
programs by the time of mid-year review. Programs offering services in multiple groups
throughout the year (cohorts) will be evaluated based on the number of groups expected to
be storied by mid-year. The number of groups, including estimated start and end dates of
each, must be listed under the applicable activity in Attachment A.
End of the Year Review Requirement:- For all Type 1 activities, regardless of program
schedule (year-round vs. cohorts), 100% of the contracted number of participanis must be
served (with at least 1 day of attendance) by the end of the contract period.
Retention / Dosage- How well are you doing? (for all Type I activities)
Retention refers to the number of participants meeting the number of sessions necessary to
have an impact (as established in Attachment A, or the Scope of Services). All participants
with at least one day of attendance are counted towards retention rate.
The Children's Trust recognizes that the number of participants served .throughout the
contract year may be higher than the contracted number to be served, and that not all
participants will complete the total number of sessions.
.• Mid-Year Review Requirement: The Children's Trust mid-year performance review of year-
round and school-year activities is based on the average number of sessions attended by all
participants up to that time compared to the number of sessions required to be completed
in the contract year (i.e., 50% for year-round programs and 60% for school year only
programs). For programs with various groups or cohorts during the year, the number of
groups scheduled to be completed at mid-year is used to determine the required number of
participants meeting the required number of sessions. The target percent of participants
served in completed groups by mid-year (cohorts completed by mid-year) will have met the
total sessions required for participation by,mid-year, as required by the specific contract's
terms found in Attachment A.
End of the Year Review Requirement: Regardless of program schedule (year-round vs.
multiple groups), the target percent of the contracted number of participants will have
completed the required number of sessions by the end of the year, as required by the
specific contract's terms found in Attachment A.
Utilization - How much are you doing?
Utilization refers to the number of participant-days. "Actual" utilization.calculates the sum of
the total number of days attended by all participants (with at least 1 day of attendance).
"Proposed" utilization is based on the total number of contracted participants to be served
by the total number of contracted sessions. The actual utilization during the selected time
frame is then divided by the proposed utilization to calculate the Overall Utilization.
• Mid-Year Review Requirement: 50%of the overall utilization across activities is expected.
• End of the Year Review Requirement: The Children's Trust requires a 100 overall
utilization achieved by the end of the contract year.
Outcomes - Is anyone better off?
The purpose of evaluation is to promote improvements in outcome achievement and to
facilitate changes in program practices that result in improved outcome achievement. To
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Contract#1128-1090,Resolution 2011-37
that end, we expect that all children will be evaluated and that all children (and programs)
can improve as a result. The Children's Trust requires all participants with at least one day of
attendance to be pre-tested; those completing the required sessions should also be post-
tested.
Matched Sets and Testing Compliance
Matched sets refer to those participants with at least 2 assessments, it could be a pre and
post test, or any assessments administered at 2 separate time periods and compared to
each other.
Mid-Year Review Requirement: For year-round and school-year only programs, 1000 of
participants contracted to be enrolled during the review period should have completed a
pre-test (activities under review will be those associated with specific performance measures
as per Attachment A). Programs utilizing multiple groups are expected to have matched sets
(both a pre and a post-test for a given participant) or one-time assessments, if applicable, for
85% of those participants contracted to meet the required sessions by mid-year or the actual
number of participants meeting the required sessions, if greater than the number contracted.
e End of the Year Review Requirement: All programs should have matched sets (both a pre
and a post-test for a given participant) or one-time assessments, if applicable, for 85% of
those participants contracted to meet the required sessions or the actual number of
participants meeting the required sessions, if greater than the number contracted.
Outcomes Achievement
Providers should meet the performance measures and targets required by the specific
contract terms found in Attachment A (Scope of Services). Data for all participants with
matched sets or one-time assessments will contribute towards performance goals.
/ e Mid and End of the Year Requirement: The Children's Trust requires outcome
achievement of the expected target specified In Attachment A (Scope of Services).
QUARTERLY PROGRAM NARRATIVE REPORT
The Program Narrative Report captures a brief report of the program's successes, challenges,
and support needed on a quarterly basis (four reports total over the contract period). A
standard Word document format will be provided and is available for download on The
Children's Trust website.
TRAINING AND QUALITY IMPROVEMENT
The Children's Trust offers a variety of trainings on important topics to improve service delivery
and contract compliance, enhance administrative capacity, and support program and
employee development. Provider is required to ensure attendance by appropriate agency
and/or program staff at the following trainings annually: New and Renewal Contract
Development and Contract Management trainings, Quarterly Provider Meetings, and other
topical trainings offered throughout the year.
All Children Together (ACT) Resource Network (htt;p:llccdh.org/`act/aboul act/). The
Children's Trust requires that providers offering Intensive services to children attend trainings,
as offered, to educate them about the inclusion of children with disabilities. Inclusion of
children with disabilities requires that programs be appropriately adapted to meet the needs
of all participating children. The All Children Together (ACT) Resource Network is a resource
available to providers for technical assistance, mentoring, training and consultation
regarding provision of services to children with disabilities.
Inluo,Prevention Education and Resources
The Children's Trust requires all funded providers to fully participate in childhood injury
Prevention capacity-building efforts facilitated by The Public Health Trust's Injury Free
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Contract#1128-1090.Resolution 2011-37
Coalition for lads of Miami@, including participation in at least one it session relevant r,
the population being served, and distribution of parent education materials on home, water,
car and bicycle safety.
REPORTING SUBMISSION AND DATA ENTRY
Participant attendance for a given month shall be entered into The Children's
Trust web-based reporting system by the fifteenth (15111) of the following month,
exclusive of legal holidays or weekends.
All Outcomes Reports shall be submitted to The Children's Trust monthly by the 1511,
of each month for the previous month. Outcomes reports will be submitted via The
Children's Trust web-based reporting system.
Y Narrative reports shall be submitted quarterly to The Children's Trust by the 1511) of
the month following the end of the quarter.
SCHEDULE OF REPORTS DEADLINES
Required Report Reporting Due Date
Frequency _—_-
Outcomes Measurement and Monthly
By 151h of each month for the previous
Results (electronic submission via month
web-based reporting system)
Demographics, Attendance, Monthly
and other quantity data By 151h of each month for the previous 1
(electronic submission via web- month
based reporting system),
Quarterly Program Narrative Quarterly
Report (Word) For August, September and Ociobei -
Quarterly Screening and DUE NOVEMBER 15, 2011
Referral Tracking Report (Excel)
i
T For November, December and January
DUE FEBRUARY 15, 2012
i For February, March and April-
DUE MAY 15 2012
For May, June and July
DUE AUGUST 15, 2012 _ _ —
*If the due date falls on a weekend/holiday, then reports are due the following business day.
PROFILE WITH SWITCHBOARD OF MIAMI
Provider shall create and/or update agency and program profiles, and site(s) information in
the Community Resource Directory maintained by Switchboard of Miami. Provider shall
maintain accurate information for the duration of this Contract term to facilitate referrals.
Evidence that the profile(s) has been created or updated must be provided to the Contract
Manager within 30 days of execution of this Contract.
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Contract#1128-1090, Resolution 2011-37
Attachment D
Program Specific Audit Requirements
The Program Specific Audit is to encompass an audit of The Children's Trust contraci(s) in
accordance with section 0.2. Financial Audit and Program Specific Audit. The comprehensive
nature of auditing performed in accordance with the standards set forth below places on the
audit organization the responsibility for ensuring that (1) the audit is conducted by personnel
who have the necessary skills, (2) independence is maintained, (3) applicable standards are
followed in planning and conducting audits and reporting the results, (4) the organization has an
appropriate internal quality control system in place, and (S) the organization undergoes an
external quality control review. Individuals assigned to these audits are to complete at least 24
of the 80 hours of continuing education required for licensure in subjects directly related to the
government environment and to government auditing as required by Governmental Auditing
Standards.
The program specific audit requires the following (a sample may be found on The Children's Trust
website):
Submission of:
a. Independent auditor's report on the financial statements, as it relates to
The Children's Trust funded program(s) and the schedule of budget to
actual expenditures of The Children's Trust contract(s)
b. basic financial statements as it relates to The Children's Trust funded
program(s). The basic financial statements is to include the Statement of
Financial Position and the Statement of Activities
c. the schedule of budget to actual expenditures, by budget category,
reflecting expenditures during the audit period for each The Children's Trust
contract, by contract number
d. summary of schedule of prior and current audit findings
e. disclosure of any significant finding(s)
f. disclosure of all questioned costs and liabilities due to The Children's Trust,
with a reference to the contract number involved
g. a recommendation for a corrective action plan on any finding
h. Report whether Provider has internal controls in place to provide
reasonable assurance of compliance with The Children's Trust applicable
contractual requirements and on the reliability of financial operations
Provision of notes to the financial statements;
Report as to whether contractual matching requirements were met, if
applicable;
The auditor must include in their testing:
a. testing of the budget versus actual expenditures. The approved budget is
to include the original approved contracted budget as well as any
approved budget revisions and budget amendments.
b. double billing i.e. billing under The Children's Trust contract the same
expenditure that is billed under another contract and/or revenue source
c. testing for unallowable expenditures e.g. costs not included in the
approved budget or budget revision and unallowable costs identified in
the budget guidelines included on The Children's Trust website
d. testing for questioned costs
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Contract#1128-1090,Resolution 2011-37
e. testing that the Provider billed and was reimbursed by The Children's Trust in
accordance with the method of payment identified in the Contract and
within the Contract period
f. testing that monies used for the program were for eligible participants
g. testing for the supplanting of funds
h. testing of match requirements, if applicable
i. testing of attendance or other unit if the method of payment is other than
a cost reimbursement payment method
j. testing of the cost allocation plan to verify that The Children's Trust is paying
only its fair share of costs for services, overhead and staffing -
k. testing that advanced funds, if not used, shall be invested by Provider in an
insured interest bearing account and that any interest earned on
advanced funds is returned to The Children's Trust.
The independent auditor's report shall state that the audit was conducted in accordance with
auditing standards generally accepted in the United States of America; the standards
applicable to financial suits contained in Government Auditing Standards, issued by the
Comptroller General of the Unites States, and the program specific audit requirements listed in
The Children's Trust contract(s). The report shall include the following:
• An opinion (or disclaimer of opinion) as to whether the financial statement(s) of
Provider, as it relates to The Children's Trust program(s), is presented fairly in all
material respects in conformity with the stated accounting policies;
An opinion (or disclaimer of opinion) as to whether the schedule of budget to actual
expenditures, by budget category, is presented fairly in all material respects in
_ conformity with the stated accounting policies;
r C A report on internal control related to The Children's Trust contract(s), which shall
describe the scope of testing of internal control and the results of the tests;
A report on compliance which includes an opinion (or disclaimer of opinion) as.to
whether the Provider complied with laws, regulations, and the provisions of
contract(s) with The Children's Trust which could have a direct and material effect on
the program; and
A schedule of findings and questioned costs for The Children's Trust contract(s) that
includes a summary of the auditor's results relative to The Children's Trust contract(s)
and findings and questioned costs.
l �
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Contract#1128-1090,Resolution 2011-37
ATTACHMENT E
Affidavit for Level 2 Background Screenings
Affidavit Affirming Compliance with Background Screening for Provider Personnel,
Volunteers, and Subcontracted Personnel, as applicable. s
In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465
Florida Statutes, and pursuant 10 the requirements of Paragraph R. Background Screening of this
Contract, the undersigned affiant makes the following statement under oath, under penalty of
perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not
to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and
775.082, Florida Statutes.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared (CEO/Executive Directorl
Authorized Provider
Representative of (Provider Name) who being by me first duly sworn, deposes
and says:
Name of Contracted Provider
(Signature of CEO/Executive Director/HR Director) Date
r
I swear and affirm that the above-named contracted Provider is compliant with the
requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter
435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct
contact with children.
Sworn to and subscribed before me at Miami-Dade County, Florida this_day of
2011/2012 by
Who is personally known to me
Who produced identification:
Type of identification
Signature of Notary Public
State of Florida at Large
Print, type or stamp name of notary public
My Commission Expires:
City of Miami Beach Page 48 of 48
Contract#1128-1090,Resolution 2011-37