Children's Trust -Youth DevelopmentS jq /1 L .J-ol 2-,)7 li9f/
FY 2012·2013
CONTRACT NO. 1376·1090
BETWEEN THE CHILDREN'S TRUST
AND City of Miami Beach
FOR Youth Development
·~ __ ....
THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, Sth Floor, Miami,
Florida 33129 and City of Miami Beach hereafter "Provider" whose address is 1700 Convention Center Dr,
Miami, Florida 33139.
In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter
referred to as "Parties") agree as follows:
A. EFFECTIVE TERM
The effective term of this Contract shall be from August 1. 2012 through July 31. 2013, subject to funding
availability and Provider's performance.
B. TERMS OF RENEWAL, if applicable
In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of
Provider. In considering the exercise of any contract renewal, and in accordance with the Request for
Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial
contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but
is not limited to, the following:
1. Provider meeting the performance requirements specified in this Contract.
2. Continued demonstrated and documented need for the services funded.
3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in
The Children's Trust's sole discretion.
4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of
budgeted revenues from one fiscal year to another without year to year extension provisions in the
contract.
5. If applicable, The Children's Trust in its sole discretion will initiate re-negotiation of this Contract before
the contract term expires.
C. SCOPE OF SERVICES
1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter
"Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The
Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The
Children's Trust and Provider.
2. The Services' activities and performance measures, as well as complete and accurate data and
programming Information will be used In the evaluation of Provider's overall performance.
3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used
exclusively for services in and for the benefit of Miami-Dade County residents.
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D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered under this
Contract shall not exceed $124.061, with a required match of $0.0. Provider agrees that should available
funding to The Children's Trust be reduced, the amount payable under this Contract will be reduced at
the sole option of The Children's Trust. Provider agrees to adhere to Other Fiscal Requirements, Budget
and Method of Payment outlined in Attachment B to this Contract.
E. FISCAL MANAGEMENT
1. Double Billing and Payments
Provider costs or earnings claimed under this Contract may not also be claimed under any other contract
or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other
agency. Any claim for double payment by Provider shall be a material breach of this Contract.
2. No Supplanting of Existing Public Funds
The Children's Trust funding may not be used as a substitute for existing resources or for resources that
would otherwise be available for children's services, or to replace funding previously provided by, and
currently available from, local and state funding sources for the same purpose. A violation of this section
is a material breach of this Contract.
3. Capital Equipment
Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 27 4, and
Florida Administrative Code, Section 691-73.001, and is defined as individual items with a value of $1,000 or
greater which have a life expectancy of more than one year. Provider is to maintain proof of Property
Coverage in accordance with the insurance requirements prescribed in this Contract (see Section K.
Insurance).
Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are
intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be
tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with
Provider to tag the asset and receive all information regarding the capital equipment. Provider must
maintain a record of any capital equipment purchased with funds provided by The Children's Trust.
When Provider is no longer funded by The Children's Trust, the equipment will be returned to The
Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to
Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully
depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated
cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to
the equipment being fully depreciated, Provider must return such capital equipment to The Children's
Trust before submission of the final invoice.
In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's
possession, Provider is to perform all of the following: a) within 5 business days provide written notification
to The Children's Trust contract manager that the capital equipment has been either damaged, lost or
stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the
capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by
The Children's Trust.
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4. Assignments and Subcontracts
Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under
this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall
incorporate appropriate language from this contract into each subcontract and shall require each
subcontractor providing services to be governed by the terms and conditions of this contract. Provider
shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 days of its
execution. All sub-contracts with Provider must be executed within 90 days of Provider's execution date.
All subcontractors must agree to be monitored by Provider and/or The Children's Trust, in the same
manner as Provider under the terms of this contract. Provider acknowledges and agrees that The
Children's Trust and any subcontractor to this Contract have authority to communicate and exchange
information about contract, program, and/or fiscal issues. Provider waives any and all claims, demands,
and/or legal action based upon any such communications.
Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract,
including services provided and expenses incurred by any 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 shall
be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require
verification from Provider and/or subcontractor of payment due for satisfactory work performed by the
subcontractor.
Provider and any Subcontractor must be currently qualified to do business in the State of Florida at the
time that a subcontractor agreement is entered into and services ore 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
Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and
local laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing
of tax returns to retain tax-exempt status and payment of payroll taxes, as applicable, throughout the
term of the contract.
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. 7 68.28, Provider shall
pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon.
2. All Other Providers
Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and
costs of defense, which The Children's Trust or its officers, employees, agents or Instrumentalities may incur
as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this Contract by Provider or Its employees, agents,
servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's
willful or wanton acts or omissions.
To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature In the name of The Children's Trust, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon.
Provider agrees that any Insurance protection required by this Contract or otherwise provided by Provider
shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's
Trust or its officers, employees, agents.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS
Where activities supported by this Contract produce original writing, data, sound recordings, pictorial
reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust
has a license to reasonably use, duplicate and disclose such materials In whole or in part In a manner
consistent with the purposes and terms of this Contract, and to have others acting on behalf of The
Children's Trust to do so, provided that such use does not compromise the validity of any copyright,
trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent,
legal title and every right, interest, claim or demand of any kind In and to any patent, trademark or
copyright, or application for the same, will vest in Provider or with any applfcable third party who has
licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust
and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the
purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not
compromise the validity of such copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes,
regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider
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retains sole ownership of intellectual property developed under this Contract. Provider is responsible for
payment of required licensing fees if intellectual property owned by other parties is incorporated by
Provider into the services required under this Contract. Such licensing should be in the exclusive name of
Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall
be at the sole expense of Provider.
As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and
within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless
from liability of any nature or kind, including costs and expenses for or on account of third party
allegations that use of any intellectual property owned by the third party and provided, manufactured or
used by the indemnifying Party in the performance of this Contract violates the intellectual property rights
of that third party.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract if Provider through action or
omission causes any of the following:
a. Fails to comply with Background Screening, as required under this Contract.
b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective
term of this Contract;
c. Fails to correct an imminent safety concern or take acceptable corrective action;
d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
e. Does not furnish and maintain the certificates of Insurance required by this Contract or as
determined by The Children's Trust;
f. Does not meet or satisfy the conditions of award required by this Contract;
g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement
requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect
detailed reports of requests for payment, expenditures or final expenditure reports; included, but
not limited to budgets, invoices, and amendments 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. Falls 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 ali of its obligations, covenants, contracts and
stipulations in this Contract.
p. Fails to submit an Annual Financial Statement Audit Package and Program Specific Audit, as
applicable, in accordance with Section 0 and Attachment D of 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 after receiving written notice from The Children's
Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies:
a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan
with Provider to cure any breach of this Contract as may be permissible under state or federal law. Any
such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable
any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate
jurisdiction.
b. The Children's Trust may suspend payment in whole or in part under this Contract by providing
written notice of suspension to Provider of such suspension and specifying the effective date of
suspension, at least five business days before the effective date of suspension. On the effective date of
suspension Provider may (but shall not be obligated to) continue to perform the 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.
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.
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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 financial statements to
support a higher deductible. The Children's Trust must be designated and shown as an additional insured
and the certificate holder with respects to this coverage. The general liability policy must contain
coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
3. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-owned
coverage for their employees and/or sub-contractors and transportation companies transporting
program participants. The amount of coverage is $1,000,000 combined single limit per occurrence for
bodily Injury and property damage. The Children's Trust must be designated and shown as an additional
insured and the certificate holder with respects to this coverage. Coverage can be purchased as non-
owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as
the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used In the
course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside
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the tri-county area. Transportation companies used by the Provider for the funded program must list The
Children's Trust as a certificate holder and as an additional insured.
4. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-owned
coverage for their employees and /or sub-contractors not transporting program participants. The
minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and
property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their
Interest May Appear" with respects to this coverage. Coverage can be purchased as non-owned
without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case
with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of
Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-
county area.
5. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability
coverage will be the same as the coverage and limits required for comprehensive general liability and
The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear."
Special Events policies are for short term functions and not meant to replace annual liability policies. The
coverage is for the day or days of the event and must provide coverage the day prior and the day
following the event.
6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage
amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate.
Defense costs may be inside the limits of liability and the policy can be written on claims made form. The
Children's Trust is not required to be named as an Additional Insured. Professional liability Insurance Is
generally required when the scope of services uses professional services that require certification or
license(s) to provide direct services to program participants.
7. Proof of Property Coverage is required when Provider has capital equipment owned by The
Children's Trust and said capital equipment is under the care custody and control of Provider. The
Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property
coverage shall survive the expiration or termination of this Contract until such time the ownership of the
capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust.
Certificate Holder
Classification and Rating
Certificate holder must read:
The Children's Trust
3150 SW 3rd Avenue, Sth Floor
Miami, Florida 33129
All insurance policies required above shall be Issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as the
financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust.
Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of
any material changes in insurance coverage, including, but not limited, to any renewals of existing
insurance policies, not later than thirty (30) days prior to the effective date of making any material
changes to the insurance coverage except for ten ( 1 0) 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.
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In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may
increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a
Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in
writing, by The Children's Trust prior to any such decrease, waiver or modification.
In the event that an insurance policy is canceled, lapsed or expired during the effective period of this
Contract, The Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance
required under this section is submitted and approved by The Children's Trust. The new insurance policy
shall cover the time period commencing from the date of cancellation of the prior insurance policy.
The Children's Trust may require Provider to furnish additional and different insurance coverage, or both,
as may be required from time to time under applicable federal or state laws or The Children's Trust
requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release,
limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have
against Provider for any liability of any nature related to performance under this Contract or otherwise.
All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy
or policies of insurance.
L. PROOF OF TAX STATUS
Provider is required to keep on file the following documentation for review by The Children's Trust:
• The Internal Revenue Service (I.R.S.) tax status determination letter, if applicable;
• The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after
Provider's fiscal year end or other appropriate filing period permitted by law;
• If required by applicable law to be filed by Provider, IRS 941 -quarterly federal tax return reports
within thirty-five (35) calendar days after the quarter ends and if applicable, state and federal
unemployment tax filings and if the 941 and unemployment tax filings reflects a tax liability, proof
of payment must be submitted within sixty (60) calendar days after the quarter ends.
M. NOTICES
Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the
first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its
President/CEO. It is each Party's responsibility to advise the other Party in writing of any changes in
responsible personnel for accepting Notices under this Contract; mailing address, and/or telephone
number.
N. AUTONOMY
The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation
between, the contracting parties. Provider is only a recipient of funding support and is not an employee,
agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or
employees of The Children's Trust.
0. 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
(GAAP). All such records will be retained by Provider for not less than five years beyond the last date that
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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
Within 180 days of the close of its fiscal year, Provider agrees to electronically submit the following
documents to The Children's Trust, which together comprise an Annual Financial Statement Audit
Package; they are: (a). an annual financial statement audit, performed by an independent certified
public accounting firm that is registered to do business with the Florida Department of Business and
Professional Regulation; (b). an audit report on internal control over financial reporting and on
compliance and other matters based on an audit of financial statements performed in accordance with
Government Auditing Standards (GAS Report); (c). a management letter; if no management letter is
prepared by the independent certified public accounting firm, then Provider must confirm in writing to
The Children's Trust that no such management letter was submitted to Provider; (d). 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, if applicable; (e). Auditors communication with those
charged with governance (SAS 114 Report), if no SAS 114 Report is prepared by the the independent
certified public accounting firm, then Provider must confirm in writing to The Children's Trust that no such
report was submitted to Provider.
If a Provider's financial statement audit is prepared by the Florida Auditor General, then the due date
for submitting an Annual Financial Statement Audit Package, as defined, is 270 days after the close of a
Provider's fiscal year.
The annual financial statement audit shall be conducted in accordance with auditing standards
generally accepted in the United States of America and standards contained in Government Auditing
Standards issued by the Comptroller General of the United States.
Electronic filing of the Annual Financial Statement Audit Package, as defined, must be sent to the
following e-mail address: audits@thechildrenstrust.org.
Providers that are required to have a Single Audit 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.
3. Program specific audit
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 Children's Trust contract (s), related to the
fiscal year under audit, must electronically submit a Program Specific Audit related to The Children's Trust
contract(s), in addition to the Annual Financial Statement Audit Package. The Program Specific Audit
shall be performed by an independent certified public accounting firm that is registered to conduct
business with the Florida Department of Business and Professional Regulation, can perform audits under
Government Auditing Standards i.e. "Yellow Book", and is either a member of the AICPA or FICPA Peer
Review Program to include engagement reviews. This Program Specific Audit is to encompass an audit of
The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements.
City of Miami Beach Page 10 of 51
Contract #1376-1 090, Resolution #2012-52
A provider that does not meet the Program Specific Audit threshold requirement will be exempt from the
Program Specific Audit requirement in the fiscal year that the audit threshold is not met.
Electronic filing of the Program Specific Audit must be sent to the following e-mail address:
audits@thechildrenstrust .org
4. Audit Extensions
Audit extensions may be granted in writing by The Children's Trust 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 Independent certified public accounting 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 Annual Financial Statement Audit Package 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 Annual Financial Statement Audit Package or the Program Specific Audit is
not received in a timely manner and in accordance with the previously stated due dates, and an audit
extension has not been approved, then The Children's Trust shall withhold all payments to Provider until
said documents are received and determined to be acceptable by The Children's Trust.
5. 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.
6. 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.
7. Client Records
Pursuant to Florida Statute 119.071 (5), The Children's Trust collects the last four digits of social security
numbers of child participants of funded programs and services for the following purposes: (a) to research,
track and measure the impact of The Children's Trust funded programs and services in an effort to
maintain and improve such programs and services for the future (individual identifying information will not
be disclosed); (b) to identify and match individuals and data within and among various systems and
other agencies for research purposes. The Children's Trust does not collect social security numbers for
adult participants.
Provider shall maintain a separate file for each participant. 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
City of Miami Beach Page 11 of 51
Contract #1376-1 090, Resolution #2012-52
needs, or incident reports. These files shall be subject to the monitoring/review and inspection
requirements under this Contract, subject to applicable confidentiality requirements. All such records will
be retained by Provider for not less than five calendar years after the participant is no longer enrolled.
Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality.
8 . Internal Documentation/Records Retention
Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business
hours the following as may be applicable, subject to applicable confidentiality requirements: ( 1)
personnel files of employees which include hiring records, background screening affidavits, job
descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records,
and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3)
daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training
modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant
consent and Information release forms; (8) agency policies and procedures; and (9) such other
information related to Service provision as described in Attachment A and as required by this Contract; all
upon request by The Children's Trust .. Provider shall retain all records for not less than five years beyond
the last date that all applicable terms of this Contract have been complied with and final payment has
been received, and appropriate audits have been submitted to and accepted by the appropriate
entity.
9. 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 receivind 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.
10. Data Security Obligation
Provider shall maintain an appropriate level of data security for the personally identifiable information (Pll)
Provider is collecting or using in the performance of this Contract. Pll Is information that can uniquely
identify, contact, or locate a single person or can be used with other sources to uniquely identify
individuals. Provider shall maintain and adhere to a written Data Security Policy that addresses
requirements regarding the protection of Pll from unauthorized access and protection against data
breaches and ensures Provider is in compliance with applicable federal and state standards with respect
to transmission, receipt and storage of Pli on Provider's computing network and as paper records. This
policy shall address the topics of computer passwords, screensavers that lock computers, securing
physical facilities, storing data, data use, data confidentiality agreements, and staff training related to the
policy. Additionally, Provider is responsible for 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.
City of Miami Beach Page 12 of 51
Contract #1376-1 090, Resolution #2012-52
11. Withholding of payment
At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of
contractual terms. The Children's Trust will provide payment upon satisfactory compliance of the
contractual terms as solely determined by The Children's Trust.
P. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but
not limited to amount payable and effective term shall only be valid when they have been reduced to
writing, duly approved and signed by both Parties.
Q. GOVERNING LAW & VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws of the
State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising
out of the terms of this Contract and any action Involving the enforcement or Interpretation of any rights
hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and
for, Miami-Dade County, Florida.
R. BACKGROUND SCREENING
In accordance with Sections 943.0542, 984.01, Chapter 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 must also implement
reasonable programmatic accommodations to include children with disabilities and their families,
whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any
alteration to any public school building or other building or structure which is not owned by Provider.
City of Miami Beach Page 13 of 51
Contract #1376-1 090, Resolution #2012-52
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 it has standards, policies, and practices necessary to render services in a
manner that respects the worth of the individual and protects and preserves the dignity of people of
diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds.
Provider agrees to abide by Chapter 11 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 if fully set forth herein. Provider agrees to abide by and be governed by these
conflict of interest provisions throughout the course of this Contract and in connection with its obligations
hereunder. (Refer to http://www.miamidadeethics.com/Publicatlons/code of ethics2010.pdf for the
Code of Ethics Ordinance).
4. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002,
including:
City of Miami Beach Page 14 of 51
Contract #1376-1 090, Resolution #2012-52
• Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an
official investigation.
• Provider agrees not to punish whistleblowers or retaliate against any employee who reports
suspected cases of fraud or abuse.
5. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the
term of this Contract any and all licenses, certifications, approvals, insurances, permits and
accreditations, required by the State of Florida, Miami-Dade County, relevant municipalities, The
Children's Trust or the federal government. Provider must be qualified and registered to do business in the
State of Florida both prior to and during the contract term with The Children's Trust.
6. Incident Reporting
An incident is defined as any actual or alleged event or situation that creates a significant risk of
substantial or serious harm to the physical or mental health, safety or well being of a child participating in
the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or
exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the
program, or destruction of property used in the program.
Provider shall Immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment
of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free
telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding
upon both Provider and its employees.
Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is
informed of such incident. Provider shall provide written notification of the incident together with a copy
of the incident report. The report must contain the following:
( 1) Name of reporter (person giving the notice)
(2) Name and address of victim and guardian
(3) Phone number where the reporter can be contacted
(4) Date, time, and location of incident
(5) Complete description of incident and injuries, if any
Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the
incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any
legal action related to the incident.
7. Sexual Harassment
Provider shall complete an incident report in the event a program participant, client or employee makes
an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee,
volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof.
Provider shall provide written notification to The Children's Trust within three (3) business days after Provider
is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within
seven (7) business days, If any legal action which Is filed as a result of such an alleged Incident.
8. Proof of Policies
Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited
to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or
affirmative action, Americans with Disabilities Act, and drug-free workplace.
City of Miami Beach Page 15 of 51
Contract #1376-1 090, Resolution #2012-52
U. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for
adult participants in the program for services; and to share information with The Children's Trust for
monitoring and evaluation purposes.
Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in
English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed
consent form for photography will be maintained at the program site, with a copy flied 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 it possesses the appropriate technology, provide a link between the website and The
Children's Trust's website.
X. PUBLICATIONS
Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication
developed in connection with implementation of programs addressed by this Contract. Such
publications will state that the program is supported by The Children's Trust. Provider agrees that The
Children's Trust will have use of copyrighted materials developed under this Contract to the extent
provided in, and subject to, the provisions of Paragraphs G and H above.
To the extent permitted by the applicable journal or other publication source, Provider shall include The
Children's Trust logo and the following paragraph in all materials featuring programs funded by The
Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of
websites or any other materials for dissemination to the media or general public:
English:
City of Miami Beach Page16of51
Contract #1376-1 090, Resolution #2012-52
City of Miami Beach 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 est6 flnanclado par El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso
de los Ninos es una fuente de financlac16n, estableclda par referendum para mejorar las vidas de ninos y
familias en el Condado de Miami-Dade.
Kreyol:
City of Miami Beach finanse pa "The Children's Trust". Trust Ia, se yon sous lajan ke gouvenman amerikin
vote an referandom pou ke' li investi byen nan pwogram kap ameliore Ia ViTi Moun ak fanmi yo nan
Myami Dade.
Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall
funding, the above language can be altered to read "The (organization) is funded in part by The
Children's Trust ... "
Y. HEADINGS, USE OF SINGUL.AR 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. Wheryver used herein, the singular shall include the plural
and plural shall Include the singular, and pronouns shall be read as masculine, feminine or neuter as the
context requires.
·THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK·
' '
Wh~'l"'''"~'""'''"'"~"n'"'"""~/M.~
1." ' l
< • ' .. ~
City of Miami Beach Page 17 of 51
Contract #1376-1 090, Resolution #2012-52
Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Contract with Its attachments as referenced below contains all the terms and conditions agreed
upon by the parties:
Attachment A: Scope of Services
Attachment B: Other Fiscal Requirements, Budget, and Method of Payment
Attachment C: Programmatic Data and Reporting Requirements
Attachment D: Program Specific Audit Requirements
Attachment E: Affidavit for Level 2 Background Screenings, if applicable
Attachment F: Performance Improvement Plan, if applicable
No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or bind the Parties. If any provision of this Contract is held Invalid or void, the remainder of this
Contract shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
(tf\ Tl+l E G-. e f2-.DoK~
~\VTEK\VV\ C\T'-f MAN~Yae_
(Type)Prijlt Title)
Date: t"JL31JI'2.
Provider FederaiiD#596000372
rm and legal sufficiency
THE CHILDREN'S TRUST
MIAMI-DADE OU TY FLORIDA
Modesto E. Abety-Gutierrez
President and CEO
Date ~1-J ,z/1/
7 I
This contract is not valid until signed by both parties.
~q\\~-
Date
City of Miami Beach
Contract #1376-1 090, Resolution #2012-52
City of Miami Beach
Attachment A
1376-1090
Scope of Services
Contract #1376-1 090, Resolution #2012-52
Page 19 of 51
Attachment A *
Youth Development
r~-~~~ -.. ---------~ -----~~.,--...... -~~-----------· ~-·----~-~·-··-......... -----------·------·----·~·· .. ---·------.---~-... ·-···---------. -, --_____ .. ___ -----. ·----. ---------------
11. DESCRIPTION OF SERVICES (Include overall intention of program, outline of program activities, target
!population to be served, Implementation of EBP, and partners if applicable):
rM~-~~·~~~g -AII .. St;;;; is a b~~t-p~~~t~~~ prog~~~ th-at ;mpowers iso sixth and sev~nth graders in t-he City of Miami '
!Beach to prevent substance abuse, premature sexual activity, fighting, bullying, and delinquency through '
jgroup activities, discussions, and take home projects. All Stars promotes idealism, normative beliefs, positive
!lifestyles, wholesome standards 1 resiliency, a sense of belonging, and a positive relationship with parents and
lather adults. The program utilizes research-proven strategies using the All Stars curriculum delivered in 13
'!'sessions that honor the values, experiences, and uniqueness of targeted youth to ensure the strengthening of
_protective values that will keep them safe. Fourteen cohorts will be offered year round to include the school
iyear and summer. At risk youth will be identified through the school administration and/or by
lP.~C~-~~:/g_~~~~.~~:. -~-~~-~b. .. e.-.r_e.~~-~~:.9_t~-~~9~~·~a-~_.!~~?~ .. §-~.,~~~~-~~~~st_~r..~ .. -~:~e.~~~~-~.9.!"~ .. :. __ ...... _ ------~--.. ---~~--
-~-----.. ==-~-~--7'=" ---·--· ··-==~-._..,.... .. _,..,"-·-·-· ' =~,-==~--~ .. --.-. ·-~-,.,.·~----===~·=•">---~··"---"''~"-~==-:~·-... ----,. ',, ....... ~ ... -~=="''~-----~ ._......_, __ -~-~=-~· ~~·-"·--·-·--_, ... ·-·=·~· ·····-···---r<·.··· ,-1
TARGET POPULATION OR PARTICIPANTS (Include numbers in tables and a narrative description of 2. I
participant characteristics below): I
I
Type 1 Participants (Intensive Services, 3+ contacts) Number of Unduplicated
Participants
Total Year Round Children/Youth 180
Year Round Children With Disabilities 18
Year Round Parents/Caregivers 0
Year Round Others (i.e., staff/professionals/mentors) 0
. ___ ,_, ..... _ .. --.... -... ~.,~--=-<>--~--• < ~· • '.L>-'-----""-''·'' ~·•••-,_, ""'"-~-~·-·•----••--0 ·-·~--'-==·-~--<•• •• -h--· ----· --·· -·---.•. ,,_~~-~--·<·•--·---·-wr• ~•-• • --• -• --. •.
a. Participants by Age
Total estimated number of Type 1 (intensive services, 3+ contacts) participants to be served by age
group
Children Ages 6 to 12 (Primarily ages 11 & 12)
Youth Ages 13 to 18 (22 if CWD)
ft;~ D~~~~ipti~~ ~f p~;ti~clp;~t~to ~b~-~-~-;;~d-(d~-;~rib;·~;~t~;i~-f~~---P;~g-;:;;-~-~;~ll;e~t ~ligibility,
fgeographic areas/neighborhoods or schools to be served, risk factors, as well as any other
isignificant demographics information; if serving children with disabilities, include type of
i disabilities):
140
40
jMornlng All Stars will serve 6th and 7th grade youth who attend school within the City of Miami Beach. These
!youth typically have families living in poverty and face daily economic, social, and familial challenges. A
!community Disadvantage Index is used to summarize the social economic conditions residents face in a
!particular neighborhood. Almost half of all census tracts and statistical subdivisions within the City of Miami
iBeach have a Community Disadvantage Index rating of nine or ten, ranking the families and neighborhoods
/among the poorest and most challenged in the country. In fact, the variance in per capita income between the
!city's wealthiest compared to its poorest tract is $65,744.00 (that's almost five times the median income of its
!poorest tract). Almost 24% of the residents rely on Social Security for their income and 11.4% receive food
!stamp benefits (US Census Bureau). Youth are eligible to participate in the program based on the following
;criteria:
City of Miami Beach Page 20 of 51
Contract #1376-1 090, Resolution #2012-52
I
1. A written referral by school administration on an All-Stars Referral Form based on the youth's
behavior, conduct, attitude and/or
2. A written referral by school administration or parent on an All-Stars Referral Form based on the
youth's negative involvement with the Department of Juvenile Justice and/or
3. A written referral by the parent/guardian on an All-Stars Referral Form for the youth's association
with peers in high risk activities such as: smoking, drinking, illegal drugs, fighting, bullying,
delinquency etc.
Additional participant data:
iAs youth (within the City of Miami Beach) transition to middle school their outdoor suspensions increase.
;Based on 2006-2007 data, 80% of Fienberg/Fisher K-8 students and 69% of Nautilus Middle students consider
;themselves Hispanic. Additionally, 67.5% of our residents are foreign-born compared to 17.9% nationally.
IFienberg/Fisher K-8 has a mobility index of 36% compared to 9.1% at Nautilus Middle School. This is partly
:due to the large population of students who attend Fienberg/Fisher but do not live within the City of Miami I :Beach.
'. ,,_ ,.,. ""'"--~" -----~--------------~-------'
.. • -.. ~--' ... -~=-~• ···----~:-•=••-="·'"''""''"'"' , .. , ,-,,.,-.,-_,-.,o-••--,.=·~-, ••
!3. SERVICE LOCATIONS Include the estimated number of Type 1 participants to be served (Intensive
:services, 3+ contacts) at each site.
. l
Year Round Site Street Address City Zip # # # #Other
Name Code Children CWO Parents
Nautilus Middle School 4301 North Michigan Miami Beach 33140 120 12 0 0
Avenue
Fienberg/Fisher K-8 1420 Washington Miami Beach 33139 20 2 0 0
Center Avenue
21st Recreational 2100 Washington Miami Beach 33139 20 2 0 0
Center Teen Club Ave.
City of Miami Beach 1700 Convention Miami Beach 33139 20 2 0 0
City Hall Center Drive
j4. PERFORMANCE MEASURES
I
!a. Quantity -"Ho~ much will ~~ do?"
rType i ~~t-l~itles·~-~~-i-~tensive services, acti~it~-~~--~-h~~h~p~~;ti-~ipants are -i-~t~~d-~d to receive generally three
jor more contacts, and include the core program activities. The table reflects the unduplicated number of
!participants to be served and the number of required sessions for each participant to attend for the program to
lhave an impact.
IType 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
Jtotal number of participants across all events and the required sessions are the total number of events that
:will be offered.
City of Miami Beach Page 21 of 51
Contract #1376--1 090, Resolution #20 12-52
!
Activities/Service Name & Description # # # # 0/o To Activity
(Include frequency, ,Intensity, & duration of Children/ Parents Others Required Meet Type
sessions, as well as the number of cycles Youth Sessions Required {1 or
expected to be offered and tentative schedule) 2)
Youth Development Group: The All Stars 180 0 0 12 85 1
Curriculum focuses on preventing substance
abuse, premature sexual activity, fighting,
bullying, and delinquency through group activity,
discussion and take home projects. All Stars
promotes Idealism, normative beliefs, positive
lifestyles, wholesome standards, resiliency, a
sense of belonging, and a positive relationship
with parents and other adults.
Frequency: Once or twice per week until the
required sessions are completed.
Intensity: 45 minutes per day.
Duration: Will vary on whether the activity takes
place once or twice per week.
Over 11 participants per cohort.
Nautilus Middle School
Cohort 1: 09/04/2012-12/04/2012 Tuesday
Mornings
Cohort 2: 09/06/2012-12/06/2012 Thursday
Mornings
Cohort 3: 09/10/2012-10/29/2012 Monday and
Wednesday Afternoons
Cohort 6: U/05/2012-12/29/2012 Monday and
Wednesday afternoons
Cohort 7: 01/08/2013-04/09/2013 Tuesday
Mornings
Cohort 8: 01/10/2013-04/11/2013 Thursday
Mornings
Cohort 9: 01/14/2013-03/04/2013 Monday and
Wednesday afternoons
Cohort 10: 01/15/2013-02/26/2013 Tuesday and
Thursday afternoon
Cohort 13: 03/11/2013-04/29/2013 Monday and
Wednesday afternoons
Cohort 14: 03/12/2013-04/30/2013 Tuesday and
Thursday afternoons
FienbergLFisher K-8 Center
Cohort 5: 09/05/2012-12/05/2012 Wednesday
afternoons
Cohort 11: 01/09/2013-04/10/2013 Wednesday
afternoons
21a1 Recreational Center Teen Club
Cohort 4: 09/10/2012-12/17/2012 Monday
afternoons
Cohort 12: 01/14/2013-04/29/2013 Wednesday
afternoons
City of Miami Beach Page 22 of 51
Contract #1376-1 090, Resolution #2012-52
City of Miami Beach
Cohort 15: 06/17/2013-07/29/2013 Monday and
Wednesday Mornings
Cohort 16: 06/18/2013-07/30/2013 Tuesday and
Thursday Mornings
Youth Development Group Booster: The All 30 0 0 8 85 1
Stars Booster curriculum is delivered in an
additional nine supplemental sessions that
reinforce, but do not duplicate, the lessons
learned in All-Stars Core. The Booster session
must happen within three months of completing
the program, which because of school year date
constraints is only offered at Nautilus Middle. All
booster sessions are held in the morning prior to
the start of the school day at Nautilus Middle
School.
Frequency: Twice per week.
Intensity: 45 minutes per session
Duration: 9 weeks
Nautilus Middle ~~bggl
Cohort 1: 09/11/2012-10/09/2012 Tuesday and
Thursday afternoons
Cohort 2: 10/23/2012-11/29/2012 Tuesday and
Thursday afternoons
Cohort 3: 05/06/2013-06/05/2013 Monday and
Wednesday afternoons
Cohort 4: 05/07/2013-06/04/2013 Tuesday and
Thursday afternoons
Four cohorts to be offered from 9/11/12-6/4/13
:b. Quality-"How well will we do it?" Description of the required program Quality measures.
---"_ ... , l
j
Quality Measure Measurement and Reporting Timing (e.g., After
Tool completion of XX
(e.g., Satisfaction Survey) activity)
Average number of sessions attended (Participant Data Tracker Attendance Monthly
Retention)
# and % of youth satisfied with services provided Satisfaction Surveys After 11th Group Session
for All-Stars Core or
After 7th Group Session
for All-Stars Booster
Observation of service delivery/ Fidelity checklist Teacher Session Rating Form After each session
provided by All-Stars
Documentation of structured supervision Meeting agenda (Monthly Once per month
meeting with Division Director)
# and % of staff with necessary HR Records Annually at start of
trai ni ngjcertification program and follow-up
with any staff changes
City of Miami Beach Page 23 of 51
Contract #1376-1 090, Resolution #2012-52
1 ='~~"'-"" ... , .. --.. = '--:_-•• ·-~ --. ~ ---=--""' ···~---· ---.. --•----·-.. -.,,.,.
!c. Outcomes-Measuring "Is anyone better off?"
Outcome and Target% (e.g., Data Source/Measurement Timing (when will Associated Activity
85% of Tool(s). tools be collected)
chlldrenjyouth/parents will ... ) Describe Meaningful
Improvement
85% of youth will increase positive Ali Stars Youth Survey Pre-test Youth Development
peer relationships administered Group
Meaningful improvement is during first
defined as a 2 point gain from session of each
pre to post test (questions cohort.
12, 14, 34, 37 & 43).
Post test
AND administered
during last session
Student Leadership Practices of each cohort.
Inventory (LPI)
Meaningful improvement is
defined as a 2 point gain from
pre to post test (questions 4,
5, 9 & 14).
85% of youth will improve All Stars Youth Survey Pre-test Youth Development
relationships with parents and other administered Group
adults Meaningful improvement is during first
defined as a 3 point gain from session of each
pre to post test (questions cohort.
23, 25, 27, 30, 36, 41 & 45).
Post test
administered
during last session
of each cohort.
85% of youth will improve decision-All Stars Youth Survey Pre-test Youth Development
making skills administered Group
Meaningful improvement is during first
defined as a 3 point gain from session of each
pre to post test (questions cohort.
11, 13, 15, 20, 29, 37 & 44).
Post test
administered
during last session
of each cohort.
City of Miami Beach Page 24 of 51
Contract #1376-1 090, Resolution #2012-52
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
''nform ti none ld b d 1 ltTh Ch'ld ' T t b 't I a o v ence-ase programs, v s e I ren s rus we s1 e.
Evidence Based Program Designating Agency Activity /Service Name (from
Section 4 above)
YTH -All Stars Substance Abuse Mental Health Services All Stars Core Group Activity
Administration (SAMHSA)
All Stars Booster Group Activity
:6. STAFF QUALIFICATIONS
• Provider represents that all persons delivering the Services required by this Contract have the knowledge and
:skills, either by training, experience, education, or a combination thereof, to adequately and competently
;perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide
•and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described
.herein must be Included in the Position Management module of SAMIS.
Position Title # FT I 0/o Position Key Qualifications Duties
Staff PT Effort Type Position
Status for Svcs
(X)
Program 1 FT 100.00 Employee X Bachelor's degree or Oversees day-to-day
Coordinator higher level of program operations
education in social including: Participant
work, psychology or recruitment and
related field and one engagement; intake &
year experience in assessment of eligible
program evaluation. participants including
obtaining consents for
services; completion of all
required funder reports;
peer review for fidelity;
and direct program
instruction to ensure
program compliance and
fidelity adherence;
facilitation of All Stars
curriculum; engagement
of school and community
sites.
Program 1 FT 100.00 Employee X Bachelor's degree or Completes data entry,
Supervisor higher level of administers pre-and post
education In social surveys; completes
work, psychology, Intakes; completes follow-
or related field and ups; facilitation of All
one year experience Stars curriculum. Assists
in program with client transportation.
evaluation.
City of Miami Beach Page 25 of 51
Contract #1376-1 090, Resolution #2012-52
Case Worker II 1 FT 5.00 Employee X City of Miami Beach Provides transportation to
Employee with a participants before and
valid Fl. Driver after sessions.
License.
Payroll 1 FT 5.00 Employee Two years Prepares and processes
Coordinator experience with City payroll, purchases
of Miami Beach materials, and maintains
payroll and budget reports
Children's Trust
grants.
Division Director 1 FT 10.00 Employee Bachelor's Degree in Bachelor's Degree in
Communications or Communications or
related field and at related field and at least 5
least 5 years years experience in a
experience in a progressive leadership
progressive role.
leadership role.
1 * Provider is cautioned to review Attachment C to this contract for the terms of programmatic I performance and data reporting requirements that must be followed in conjunction with the
I specific terms applicable to this contract in this Attachment A Scope of Services.
I
City of Miami Beach Page 26 of 51
Contract #1376-1 090, Resolution #2012-52
City of Miami Beach
Attachment B
1376-1090
Budget
ATTACHMENT B
Contract #1376-1 090, Resolution #2012-52
Page 27 of 51
OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
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 entitles and not-for-profit corporations, in accordance with subsection
216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification.
Advance payment requests must be submitted using the designated form and must be approved in
writing by The Children's Trust 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 repayment
Advance repayment is due within 60 calendar days of receipt of an advance. Provider shall report the
amount of the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS
reimbursement screen. If a Provider does not use SAMIS, then they are required to deduct their advance
repayment from each invoice, consecutively, until the advance is repaid in full.
Budget revisions
Budget revision(s) require written approval from the Contract Manager and The Children's Trust's Chief
Financial Officer or their deslgnee(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 fulfillme.nt of services
provided in this Contract. ·
Invoice Requirements
Provider shall submit an original request for payment, utilizing the format 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 SAMIS or by using a
reporting "invoice" form/ spreadsheet. The request for payment is due on or before the fifteenth (15th) day
of the month following the month in which expenditures were incurred (exclusive of legal holidays or
weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by
City of Miami Beach Page 28 of 51
Contract #1376-1 090, Resolution #2012-52
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, then the
Form D-Attestation of Payment-must be either uploaded to the SAMIS Document Repository or included
in the Request for Payment no later than 30 days after payment to subcontractor(s). These forms may be
downloaded from The Children's Trust's website. For the purpose of payment only, a subcontractor is
defined as an independent agency that has entered into agreement with Provider to perform services
pertaining to The Children's Trust funded programs identified in this Contract.
The Children's Trust reserves the right to request any supporting documentation. A final request for
payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's
Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to
payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract,
and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate
documentation to support the payment 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.
Supporting Documentation Requirements
Provider shall maintain original records documenting actual expenditures and services provided
according to the approved budget and scope of services as required. Supporting documentation shall
be made available and provided to The Children's Trust upon request.
City of Miami Beach Page 29 of 51
Contract #1376-1 090, Resolution #2012-52
Provider shall keep accurate and complete records of any fees collected, reimbursement, or
compensation of any kind received from any client or other third party, for any Service covered by this
Contract, and shall make all such records available to The Children's Trust upon request. Provider shall
maintain a cost allocation methodology that it uses to allocate Its costs. Provider shall use a cost
allocation methodology which assures that The Children's Trust is paying only its fair share of costs for
services, overhead, and staffing not solely devoted to the program funded by this Contract. Such
methodology shall be made available to The Children's Trust upon request.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
City of Miami Beach Page 30 of 51
Contract #1376-1 090, Resolution #20 12-52
Budget Summary Report
City of Miami Beach· YSS XX76-1090 City of Miami Beach
Fiscal Year 12-13 (8/1/12 · 7/31113)
Contract#: 1376-1090
CSC Program Allocation: $124,061
Budget Status: Submitted
Salary Accounts
Original
Program
Account# Title Budget
511 Regular Salaries and Wages 100,754
521 FICA/MICA 1,462
522 Retirement Contributions 6,045
523 Life and Health Insurance 14,942
524 Workers Compensation 302
525 Unemployment Compensation 0
Salary Totals: 123,505
Expense Accounts
Original
Program
Account# Title Budget
531 Travel (other than participants) 0
532 Travel (participants) 1,350
533 Meals (participants) 4,698
534 Space 23,093
535 Utilities 7,593
536 Supplies (office) 1,236
537 Supplies (program) 1,350
540 Non-Capital Equipment 0
550 Capital Equipment 0
591 Indirect Cost 0
611 Subcontractor 0
711 Professional Services (instructors) 8,327
721 Professional Services (certified teachers) 0
731 Professional Services (tutors) 0
741 Professional Services (consultants) 0
791 Professional Services (other) 0
811 Other (advertising) 396
821 Other (background screening) 150
831 Other (admission to field trips) 0
891 Other (other) 2,140
529 Fringe Benefits (other) 0
Expense Totals: 50,333
City of Miami Beach
Contract #1376-1 090, Resolution #2012-52
Original Amended
esc esc
Budget Budget
86,153 86,153
1,249 1,249
5,169 5,169
14,013 14,013
259 259
0 0
106,843 106,843
Original Amended
esc esc
Budget Budget
0 0
0 0
4,698 4,698
0 0
0 0
307 307
1,350 1,350
0 0
0 0
0 0
0 0
8,327 8,327
0 0
0 0
0 0
0 0
396 396
0 0
0 0
2,140 2,140
0 0
17,218 17,218
Page 31 of 51
Program Funders
Summary Funders
FunderType
In-Kind Contributions
City of Miami Beach
Salary and Expense Totals:
Funder
In-Kind Contributions (Summary)
Summary Funder Totals:
Contract #1376-1 090, Resolution #2012-52
173,838
Total
49,777
49,777.00
124,061 124,061
Comment
The City of Miami Beach
contributes in-kind funds for the
following:
-Salary for Division Director and
Payroll Coordinator
-MICA for Division Director and
Payroll Coordinator
-Retirement for Division Director
and Payroll Coordinator
-Life & Health for Division Director
and Payroll Coordinator
-Workers Compensation for
Division Director and Payroll
Coordinator
-Space
-Supplies (office)
-Utilities
-Background Screening
-Travel (participants)
Page 32 of 51
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:
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an
d
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t
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s
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for services
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Pr
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Co
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r
a
m
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r
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s
in
c
l
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g
:
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i
c
i
p
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n
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t
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d
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g
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in
t
a
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s
s
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n
t
of
el
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g
i
b
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p
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s
including
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t
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g
pa
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n
t
a
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co
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s
e
n
t
;
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m
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t
i
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of
al
l
re
q
u
i
r
e
d
fu
n
d
e
r
re
p
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r
t
s
;
pe
e
r
re
v
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e
w
fo
r
fi
d
e
l
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t
y
;
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d
di
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and fidelity
ad
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n
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e
.
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m
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t
is
on
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%
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0
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Bu
d
g
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t
Am
e
n
d
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Na
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r
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s
:
Ap
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d
Da
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:
Ci
t
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of
Mi
a
m
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Be
a
c
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Co
n
t
r
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t
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3
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Re
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Sa
l
a
r
y
To
t
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s
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t
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Pr
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m
Di
s
t
r
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b
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n
to
Gr
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s
s
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l
a
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:
Or
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g
Am
e
n
d
Or
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g
Sa
l
a
r
y
Sa
l
a
r
y
FI
C
A
Gr
o
s
s
:
25
4
,
1
7
8
25
4
,
1
7
8
19
,
4
4
7
Pr
o
g
r
a
m
:
10
0
,
7
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4
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,
7
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c
:
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,
1
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9
Ex
p
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s
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Da
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a
A
c
c
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t
#
A
c
c
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u
n
t
Na
m
e
52
9
Fr
i
n
g
e
Be
n
e
f
r
t
s
(o
t
h
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r
)
Or
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g
i
n
a
l
Bu
d
g
e
t
Ca
l
c
u
l
a
t
i
o
n
:
=0
+
0
Or
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g
i
n
a
l
Bu
d
g
e
t
Na
r
r
a
t
i
v
e
s
:
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d
g
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t
Am
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n
d
m
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n
t
Na
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r
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t
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v
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s
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A
c
c
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t
#
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c
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53
1
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a
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l
(o
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a
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pa
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i
c
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p
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t
s
)
Or
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a
l
Bu
d
g
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t
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l
c
u
l
a
t
i
o
n
:
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+
0
Or
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g
i
n
a
l
Bu
d
g
e
t
Na
r
r
a
t
i
v
e
s
:
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d
g
e
t
Am
e
n
d
m
e
n
t
Na
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r
a
t
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v
e
s
:
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p
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c
c
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#
5
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2
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c
c
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Tr
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l
(p
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i
c
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p
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n
t
s
)
Ci
t
y
of
Mi
a
m
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Be
a
c
h
Co
n
t
r
a
c
t
#1
3
7
6
-
1
09
0
,
Re
s
o
l
u
t
i
o
n
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1
2
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5
2
Am
e
n
d
FI
C
A
19
,
4
4
7
1,
4
6
2
1,
2
4
9
40
%
Or
i
g
Am
e
n
d
Re
t
i
r
e
Re
t
i
r
e
15
,
2
5
1
15
,
2
5
1
6
,
0
4
5
6,
0
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5
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1
6
9
5,
1
6
9
Pe
r
c
e
n
t
a
g
e
o
f
CS
C
Di
s
t
r
i
b
u
t
i
o
n
to
Gr
o
s
s
Sa
l
a
r
y
:
34%
Or
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g
Am
e
n
d
Or
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g
Am
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d
Orig Amend
ln
s
u
r
ln
s
u
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we
Unemp Unemp
28
,
1
0
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1
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3
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3
25
9
259 0 0
Or
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t
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Or
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Amend Prog Budget
0
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Pr
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Budget Amend Prog Budget
0
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0 0
Or
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s
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d
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t
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CS
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Or
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Budget Amend Prog Budget
0
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1,350 1,350 Page 37 of 51
Or
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g
i
m
i
l
Bu
d
g
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t
Ca
l
c
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l
a
t
i
o
n
:
=1
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5
0
Or
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g
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n
a
l
Bu
d
g
e
t
Na
r
r
a
t
i
v
e
s
:
Pa
r
t
i
c
i
p
a
n
t
s
ne
e
d
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g
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a
n
s
p
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t
a
t
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n
to
or
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o
m
se
s
s
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o
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s
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l
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be
tr
a
n
s
p
o
r
t
e
d
us
i
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g
Ci
t
y
pa
s
s
e
n
g
e
r
va
n
s
:
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l
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s
p/
d
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0
p/
m
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l
e
x
18
0
pr
o
g
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m
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Amend Prog Budget 4,698 Amend Prog Budget 23,093 Amend Prog Budget 7,593 Page38 of 51
Or
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0 Amend Prog Budget 1,236 Amend Prog Budget 1,350 Amend Prog Budget 0 Page39 of 51
Or
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ATTACHMENT C
Program/Initiative
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.
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 "performance improvement plans."
ACTIVITIES
• Attendance-based activities are ongoing service activities in which participants are intended
generally to receive three or more contacts, and include the core program activities. Provider will
report: Demographics of Individual participants within seven (7) days of program enrollment and
specific dates of contact. Demographics shall be updated regularly when new information is
collected (e.g., new address, grade level).
• Group activities are less intensive service events that participants attend one or two times, and
generally are activities intended to serve as enhancements to other core program activities. Provider
will report: Date of event/activity, number of participants served by type (child, parent or other), and
select the location of event/activity.
PARTICIPANTS
Demographic information required for primary CHILD/YOUTH participants in attendance-based 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
• Current Grade Level
• Current School Name
• Does child have Health Insurance? (yes/no)
• Does child have a Documented Disability? (yes/no)
• If disabled, what type? (Autism Spectrum Disorders, Chronic Medical Condition, Developmental
Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or
mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual
Impairment (or blind), Other)
• Documentation of Disability (Individualized Family Service Plan; Individualized Education Plan; Section
504 Plan; diagnosis from a medical doctor, state certified, registered, or licensed professional; and/or
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Contract #1376-1 090, Resolution #2012-52
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.
• Other Child Needs (accommodations, academic, behavioral)
• Is participant (to be reported through the web-based reporting system or 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)
o A child of a military family (i.e., member of the child's family who he/she lives with or knows and
who is either: 1) an active duty member of the uniformed services; 2) a member of the national
guard or reserves; 3) a member or veteran who was severely injured and medically discharged or
retired; or 4) a member killed in the line of duty)
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 childreh 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 (primary adult) and OTHER (secondary adult) (e.g.,
community members, staff) participants in attendance-based activities:
• Number of children in their care (for primary adults I parents only)
• Participant's Name (last, first, middle initial)
• Street Address, City, and Zip Code
• Primary Phone # and Email
• Gender (male, female)
• Date of Birth
• Race (American Indian/ Alaska Native, Asian, Black/ African American, Pacific Islander, White, Other)
• Ethniclty (Hispanic, Haitian, Other)
• English Proficiency (yes/no)
• Other language(s) spoken (Spanish, Haitian Creole, Other)
• Participant's Highest Grade of School Completed
Other information to be obtained for all ADULT participants and included in the participant files, If
applicable:
• Confidentiality of Client Information
• Signed release of Information to The Children's Trust and authorization to participate
PERFORMANCE MEASURES
All contractual performance measures are specified within Attachment A (Scope of Services), along with
the specific targets to be achieved (i.e., target numbers and percentages). Below are key definitions
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Contract #1376-1 090, Resolution #2012-52
related to how performance for this contract will be analyzed.
How much are you doing?
Recruitment-Refers to the actual number of participants (with at least one day of attendance) across all
attendance-based activities in a program. Attendance cannot be entered for a given participant until
her/his demographic information has been completed. The contracted number of participants expected
to be recruited and enrolled in each activity is set forth in Attachment A (Scope of Services).
How well are you doing? (for all Attendance-based activities)
Retention-Refers to the number and percentage of participants meeting the number of required sessions
across all attendance-based activities. All participants with at least one day of attendance are counted
towards retention.
Engagement -Refers to the average number of sessions attended by participants across all attendance-
based activities. All participants with at least one day of attendance are counted towards engagement.
Outcome Testing I Match Sets · Refers to the number of participants tested compared to the number of
participants recruited/retained. All programs participants should have matched sets (both a pre and a
post-test for a given participant) or one-time assessments, if applicable, by the end of the contract year
for the number of participants contracted to meet the required sessions or the actual number of
participants meeting the required sessions, if greater than the number contracted.
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 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.
Contracted Outcome Achievement · Refers to the percentage of contracted participants meeting or
exceeding the expected outcome results.
Actual Outcome Achievement -Refers to the percentage of actual participants meeting or exceeding
expected outcome results.
QUARTERLY PROGRAM NARRATIVE REPORT
The Program Narrative Report captures a brief report of the program's successes, challenges, and
support needed on a quarterly basis (four reports total over the contract period). A standard Word
document format will be provided and is available for download on The Children's Trust website.
TRAINING AND QUALITY IMPROVEMENT
The Children's Trust offers a variety of trainings on important topics to improve service delivery and
contract compliance, enhance administrative capacity, and support program and employee
development. Provider is required to ensure attendance by appropriate agency and/or program staff at
the following trainings annually: New and Renewal Contract Development and Contract Management
trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the year.
All Children Together (ACT! Resource Network (http://ccdh.org/act/about act/). The Children's Trust
requires that providers offering intensive services to children attend trainings, as offered, to become
educated 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.
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Contract #1376-1 090, Resolution #2012-52
ln/ury Prevention Education and Resources (http://thechildrenstrust.orq/injury-preventionl. 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 Coalition for Kids of Miami®, including
participation In at least one training session relevant to the population being served, and distribution of
parent education materials on home, water, car and bicycle safety.
REPORTING SUBMISSION AND DATA ENTRY
SCHEDULE OF REPORTING DEADLINES
Required Report Reporting Due Date
I ........................................................................................................................................ .,., .. , ........................ ., . .,.,: .......... ., .. .,I········ .... Er.~.9.Y.~.r!.~Y. ...... t ............................................ :·: .................................................................................... : ................ , ...................... : ............................... ., ........ , .............................. l
Outcomes Measurement Monthly By 15th of each month for previous
Results (electronic submission month
via web-based reporting
.............. .,~:t? .. t..~.r.:nL ................................ ., ........................................... .,., .................... ., ... ., ............................................................................................................................................................................................................................................................................................................................................ .
Demographics, Attendance, Monthly By 15th of each month for the previous
and other quantity data month
(electronic submission via web-
................. ~ .. 9.~.~.9. ... r..~ .. P..2X.t.i.D .. 9. .... ~Y..~1..§ ... t:n.L ....................................................................................................................................................................................................................................................................................................................................................................... .
Quarterly Program Narrative Quarterly For August, September and October-
Report (Word) DUE NOVEMBER 15, 2012
For November, December and January-
DUE FEBRUARY 15,2013
For February, March and April -
DUE MAY 15,2013 ...................................................................................................................................................................................................................................................................... j ........... F.;r··IVI·a·y: ... Jl:l'ne ... a.n·a .. J'u.iv·=· ......................................................................................... ..
DUE AUGUST 15, 2013
.............. *iffi1a··aue ... d'afe ... iaTi'son·a ... wee'ke·;:;·d/ll'o'Hd'cl'v·;·"fi1en ·r:·;pc;·as"a'ra··au·e"fhe .. toHowfn9 ... 5.i:i's'in.e5's"'C:i'av·: ....................... .
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 to facilitate referrals for the duration of this contract term. Evidence that the profile(s) has
been created or updated must be provided to the Contract Manager within 30 days of execution of this
contract.
City of Miami Beach . Page 48 of 51
Contract #1376-1 090, Resolution #20 12-52
Attachment 0
Program Specific Audit Requirements
The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance
with section 0.3. 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 (5) 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, and every two years,
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 Schedule of Expenditures of The Children's Trust Contract(s)
b. Schedule of Expenditures of The Children's Trust Contract(s)
c. Notes to Schedule(s)
d. Independent Auditor's Report on Compliance with Requirements That Could Have a Direct Material
Effect on The Children's Trust Contracts and on Internal Control Over Compliance In Accordance With the
Program Specific Audit Requirements of The Children's Trust Contract(s)
e. Schedule of Findings and Questioned Costs
f. Supplemental information, which Includes a Schedule of Budget to Actual Expenditures of The Children's
Trust Contract (s)
The auditor must include the following tests in their audit program:
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
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 for the supplanting of funds
g. testing of match requirements, if required
h. 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
i. 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.
j. testing the controls over compliance beyond the Statement on Auditing Standards No. 117, which means
that an audiotors risk assessment must include an expectation of the operating effectiveness of controls
over compliance; and in doing so, the assessed control risk must be set at low.
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
audits contained in Government Auditing Standards, issued by the Comptroller General of the United
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Contract #1376-1 090, Resolution #20 12-52
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 Schedule of Expenditures of The Children's Trust
Contract)s) of Provider, Is presented fairly in all material respects in conformity with accounting principles·
generally accepted in the United States of America, An opinion (or disclaimer of opinion) as to whether
Provider maintained compliance with requirements that could have a direct material effect on The
Children's Trust Contract(s) and on internal control over compliance in accordance with the program
specific audit requirements of The Children's Trust Contract(s) which shall describe the scope of testing of
internal control and the results of the tests; and
• A schedule of findings and questioned costs for The Children's Trust contract(s) that include.s a summary of
the auditor's results relative to The Children's Trust contract(s) and findings and questioned costs.
• Required supplemental schedule(s) of budget to actual expenditures of The Children's Trust Contract(s)
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Contract #1376-1 090, Resolution #2012-52
ATTACHMENT E
Affidavit for Level 2 Background Screenings
Affidavit Affirming Compliance with Background Screening for Provider Personnel, Volunteers, and
Subcontracted Personnel, as applicable.
In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida
Statutes, and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the
undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first
degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a
fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared (CEO/Executive Director}
Authorized Provider
Representative of __ ..w(P_,_r.::t.o..!...v!..><id!.!=e"-r.!....:N!..><al.-"m~e:<.J}~----' who being by me first duly sworn, deposes and says:
Name of Contracted Provider
(Signature of CEO/Executive Director/HR Director) Date
I swear and affirm that the above-named contracted Provider is compliant with the requirements for
personnel background screening detailed In Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and
1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children.
Sworn to and subscribed before me at Miami-Dade County, Florida this_ day of ___ , 2012/2013 by
Who is personally known to me
Who produced 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
Contract #1376-1 090, Resolution #2012-52
Type of identification
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