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Children's Trust Early Childhood Development 1 FY 2013-2014 CONTRACT NO. 1428-1090 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI BEACH FOR Early Childhood Development THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and CITY OF MIAMI BEACH hereafter "Provider" whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2013 through July 31, 2014, 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. _TI 1L12 13 1 o�3Pt1 City of Miami Beach/Parent-Child Home Program 1 of 52 Contract#1428-1090,Resolution#2013-32 D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $150,000.00, with a required match of $ 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 274, 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 full depreciated. Ownership of capital equipment will be transferred to Y p p Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform all of the following: a) within 5 business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust. City of Miami Beach/Parent-Child Home Program 2 of 52 Contract#1428-1090,Resolution#2013-32 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 are rendered. 5. Religious Purposes Providers and/or their faith-based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. 8. Compliance 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. City of Miami Beach/Parent-Child Home Program 3 of 52 Contract#1428-1090,Resolution#2013-32 F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow 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 City of Miami Beach/Parent-Child Home Program 4 of 52 Contract#1428-1090,Resolution#2013-32 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. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract. City of Miami Beach/Parent-Child Home Program 5 of 52 Contract#1428-1090,Resolution#2013-32 P. Fails to submit an Annual Financial Statement Audit Package and Program Specific Audit, as applicable, in accordance with Section O and Attachment D of this contract. q. Fails to submit an Annual Financial Statement Audit and Program Specific Audit Engagement Letter within thirty (30) days after Provider's fiscal year end. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. 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 City of Miami Beach/Parent-Child Home Program 6 of 52 Contract#1428-1090,Resolution#2013-32 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. 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 City of Miami Beach/Parent-Child Home Program 7 of 52 Contract#1428-1090,Resolution#2013-32 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 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. City of Miami Beach/Parent-Child Home Program 8 of 52 Contract#1428-1090,Resolution#2013-32 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. 7. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue,8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class 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 (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease,waiver or modification. In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. City of Miami Beach/Parent-Child Home Program 9 of 52 Contract#1428-1090,Resolution#2013-32 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. O. RECORDS, REPORTS,AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Contract, consistent with Florida laws. 1. Accounting Records Provider shall keep accounting records which conform to generally accepted accounting principles (GAAP). All such records will be retained by Provider for not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. However, if any audit, claim, litigation, negotiation or other action involving this Contract or modification hereto has commenced before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular retention period, whichever is later. 2. Financial Statement 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 conduct business with the Florida Department of Business and Professional Regulation; (b). Written communication encompassing the requirements in AU-C section 265, City of Miami Beach/Parent-Child Home Program 10 of 52 Contract#1428-1090,Resolution#2013-32 Communicating Internal Control Related Matters Identified in an Audit (AICPA, Professional Standards, vol.1); (c). Written communication encompassing the requirements in AU-C section 260, The Auditor's Communication With Those Charged With Governance (AICPA, Professional Standards, vol.l) (d). 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; (e). A Single Audit conducted in accordance with 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; 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 (GAAP) and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book). 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 (PSA) 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 on audit of The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements. A provider that does not meet the Program Specific Audit threshold requirement will be exempt from the Program Specific Audit requirement in the fiscal year that the audit threshold is not met. Program Specific Audits must be conducted in compliance with Statement on Auditing Standards No. 117 (SAS 117) and are required to include performing tests of controls over compliance. Beyond the requirements of SAS 117, an auditors 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. Electronic filing of the Program Specific Audit must be sent to the following e-mail address: audits @thechildrenstrust.org City of Miami Beach/Parent-Child Home Program 11 of 52 Contract#1428-1090,Resolution#2013-32 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 and for a period of time not to exceed sixty (60) days after the initial due date. 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. Engagement Letters Audit Engagement Letters are due to The Children's Trust thirty (30) days after a provider's fiscal year end. Provider agrees to submit an Engagement Letter for both the Audited Financial Statements and the Program Specific Audit, electronically, to audits @thechildrenstrust.ora Failure to submit an Engagement Letter may result in breach of contract or other remedy as deemed appropriate by The Children's Trust. 6. List of Approved Certified Public Accounting Firms To receive reimbursement for the preparation the Annual Financial Statement Audit Package and the Program Specific Audit, as defined, Provider must choose from a list of approved Certified Public Accountants or approved Certified Public Accounting Firms, which are posted to The Childern's Trust website. Inclusion on this pre-approved list requires a Certified Public Accountant or Certified Public Accounting Firm to meet three (3) criteria ,which are enumerated in attachment B: 7. 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. 8. 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. City of Miami Beach/Parent-Child Home Program 12 of 52 Contract#1428-1090,Resolution#2013-32 9. Client Records Pursuant to Florida Statute 1 19.071(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 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. 10. 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. 11. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information,which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by City of Miami Beach/Parent-Child Home Program 13 of 52 Contract#1428-1090,Resolution#2013-32 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. 12. Data Security Obligation Provider shall maintain an appropriate level of data security for the personally identifiable information (PII) Provider is collecting or using in the performance of this Contract. PII 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 PII 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 PII 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 13. 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, du I y app roved 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 City of Miami Beach/Parent-Child Home Program 14 of 52 Contract#1428-1090,Resolution#2013-32 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 completed re background screenings with VECHS, then Provider shall complete Attachment E: g g p "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, and subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and sub-contractors files. Provider shall re-screen each employee, volunteer and/or subcontractor every five years. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as 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 1 1 A of the Code of Miami-Dade County ("County Code"), as amended,which prohibits discrimination in employment, housing and public accommodations;Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended,which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit City of Miami Beach/Parent-Child Home Program 15 of 52 Contract#1428-1090,Resolution#2013-32 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 httr)://www.miamidadeethics.com/Publications/code of ethics2010.odf 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: • 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. I 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 City of Miami Beach/Parent-Child Home Program 16 of 52 Contract#1428-1090,Resolution#2013-32 Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site,with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. 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. City of Miami Beach/Parent-Child Home Program 17 of 52 Contract#1428-1090,Resolution#2013-32 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- Parent-Child Home Program is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Espanol: CITY OF MIAMI BEACH- Parent-Child Home Program esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, estoblecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami-Dade. Kreyol: CITY OF MIAMI BEACH- Parent-Child Home Program finanse pa "The Children's Trust".Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. - THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK - City of Miami Beach/Parent-Child Home Program 18 of 52 Contract#1428-1090,Resolution#2013-32 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF IAMI BEAC THE CHILDREN'S TRUST MIAMI DE COUNT LORIDA MIAMI-DADE COUNTY, FLORIDA By: by: (Sig a rized Representative) (Signature) Charles M. Auslander ype/Print Name) City Manager Interim President and CEO (Type/Print Title) Date: 1 ,0 1 3 Date Provider Federal ID# 59-6000372 Approved t f and legal sufficiency Date: Z !> County Att ney This contract is not valid until signed by both parties. APPROVED AS TO FORM &LANGUAGE &FOR ECUTION me Z ®at® City of Miami Beach/Parent-Child Home Program 19 of 52 Contract#1428-1090, Resolution#2013-32 ATTACHMENT • A. SCOPE OF SERVICE I City of Miami Beach/Parent-Child Home Program 20 of 52 Contract#1428-1090,Resolution#2013-32 Attachment A* EARLY CHILDHOOD DEVELOPMENT 1. Description of Services(Include overall intention of program, outline of program activities,target population to be served, implementation of EBP, and partners if applicable): The Parent-Child Home Program is an evidence-based, research validated early childhood literacy, parenting, and school readiness program.The program uses trained home visitors to work with families who have not had access to educational and economic opportunities, preparing children for academic success and strengthening families through intensive home visiting.The program uses a non-directive, non- didactic approach, modeling behaviors for parents that enhance children's development rather than teaching behaviors. A Home Visitor meets with the family for 30 minutes,twice a week, for 23 weeks, on a schedule that is convenient for the family. Families participate in the two year program when their children are two-and three-years old, completing the program at four years old. 2. Target Population or Participants (Include numbers in table and a narrative description of participant characteristics below): Participants - Attendance-Based (Intensive Services,3+ contacts) Number of Unduplicated Participants Children Birth to 5 48 Parents/Caregivers 48 Other Adults 0 Children With Disabilities (from the total # of Children Birth to 5) 0 Participants - Group Activities (Less than 3 contacts) Number of Unduplicated Participants Children Birth to 5 0 Parents/Caregivers 0 Other Adults 0 Children With Disabilities (from the total # of Children Birth to 5) 0 Description of participants to be served (describe criteria for program enrollment eligibility, geographic areas/neighborhoods or schools to be served, risk factors, as well as any other significant demographics information, if serving children with d i sab ilities include t yp e of disabilities): The Parent-Child Home Program (PCHP) serves children who live in families that are poor and face daily economic, social and familial challenges. Eligibility includes the following: • Must be residents of Miami Beach at time of enrollment • Child must be at least 16 months and under 3 years of age at commencement of services. • Family must be low-income (defined by 2013 HUD Income Guidelines) • Low level of education and/or has cultural/language barrier Participants will be recruited through childcare centers, pediatrician offices, community agency referrals and self-referrals. The participant breakdown is as follows: Carryover participant's 54 (27 Children Birth to 5, 27 Parents/Caregivers) New participants to be recruited 42 (21 Children Birth to 5, 21 Parents/Caregivers) City of Miami Beach/Parent-Child Home Program 21 of 52 Contract#1428-1090,Resolution#2013-32 3. Service Locations: Include the estimated number of Attendance-based participants to be served (intensive services, 3+ contacts) at each site. Site Name Site Address City Zip #Children #CWD # Parents #Other Home Various Miami Various 48 0 48 0 Beach 4. Performance Measures: a. Quantity-"How much will we do?" Attendance-based activities (Type A) are intensive services, activities which participants are intended to receive generally three or 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 have an impact. Group activities (Type G) are less intensive services, events which participants attend one or two times, and generally activities intended to serve as enhancements to other core program activities.The table reflects the total number of participants across all events and the required sessions are the total number of events that will be offered. Activities/Service Name & Description #of # %to Activity (Include frequency,intensity& duration of children/ #of # required meet Type(A youth Parents others. sessions required or G sessions,as well as tentative schedule Y q HOME VISITS - 2x PER WEEK Creates a participatory triad setting with parent and child by modeling how to implement the curriculum while reading, playing, listening, and talking with child about books &toys. Home Visitors utilize a non-directive, non-didactic approach, modeling behaviors for parents that enhance children's development rather than teaching behaviors. Home Visitors 48 48 0 40 80 A help parents realize their role as their children's first and most important teacher, generating enthusiasm for learning and verbal interaction through the use of engaging books and stimulating toys. The home visits help families challenged by poverty, limited education, language and literacy barriers, and other obstacles to achieve school success by preparing their children to enter school ready to be in the classroom. City of Miami Beach/Parent-Child Home Program 22 of 52 Contract#1428-1090,Resolution#2013-32 Activities/Service Name & Description #of # %to Activity (Include frequency,intensity&duration of children/ #of # required meet Type(A youth Parents others sessions required or G sessions,as well as tentative schedule Y q ) Frequency:Twice per week Intensity:30 minutes Duration:23 weeks (46 sessions). Schedule: Rolling enrollment Pace of service is slowed by availability of Home Visitors and families during the following months: July, August, December and January. SCREENING - DEVELOPMENTAL Home Visitors (HV) will work with parents to complete a developmental screening, 48 0 0 1 N/A A ASQ-3 on each child age 3-5. Frequency: Minimum of once per year. ASQ-3 will be completed within 2 months of program cycle commencement. SCREENING-SOCIAL-EMOTIONAL Children will be screened using the ASQ-SE for social emotional concerns. 48 0 0 1 N/A A Frequency: Minimum of once per year. ASQ-SE will be completed within 2 months of program cycle commencement. b. Quality-"How well will we do it?" Description of the required program Quality measures. Quality Measure Measurement and Timing (e.g., #/%of participants satisfied with Reporting Tool (e.g., After completion of XX the program) (e.g., Satisfaction Survey) activity) Average number of home visits received Electronic Reporting Data Monthly by arents (participant en a ement System # and %of parents/caregivers who meet Electronic Reporting Data Monthly or exceed the required number of System sessions for participants to achieve results (participant retention). # and %of children screened who fall Electronic Reporting Data Monthly below instrument cutoff scores who are System referred Average number of days between Electronic Reporting Data Monthly screening yielding concern and referral System for assessment # and %of children screened yielding Electronic Reporting Data Monthly concerns who receive assessments System City of Miami Beach/Parent-Child Home Program 23 of 52 Contract#1428-1090,Resolution#2013-32 Quality Measure Measurement and Timing (e.g., #/%of participants satisfied with Reporting Tool (e.g., After completion of XX the program) (e.g., Satisfaction Survey) activity) # and %of children assessed yielding Electronic Reporting Data Monthly concerns receiving treatment services System Average number of days between Electronic Reporting Data Monthly assessment and receiving treatment System services # and %of parents/caregivers very Satisfaction Survey End of Program satisfied with services provided # and %of staff with necessary HR Records Annually at start of program training/certification related to proposed and follow-up with any staff program changes. Observation of service delivery/ Fidelity PCHP Home Visit 2 times per year for each checklist (to measure%of observed Observation Checklist Home Visitor sessions delivered as expected) # and %of parents who will keep a safe The Children's Trust Home Pre-test will be reported within home. Safety Checklist 2 months after enrollment— and every six month thereafter. Documentation of structured supervision Attendance log and Weekly agenda Documentation of program intake Intake form At enrollment assessments c. Outcomes-Measuring "Is anyone better off?" Outcome and target% Timing (e.g., 85%of Data Source/ (when will tools be Associated children/ ouch/ arents will... Measurement Tool(s). . collected Activity 85%of parents will report Home Literacy Activities Home visits- children are read to at least 3 Survey Pre-test will be 2x per Week times per week at home. reported within 2 Home Visitors will gather months after this information during enrollment and every home visits. six months thereafter. 85% of children will improve Child Behavior Traits (CBT) Pre-Test will be Home visits- developmental/school- administered 2x per Week readiness skills. • # Items: 20 between the 4th& 6th • Scoring:Sum. Each item home visit. Post-test is scored on a scale will be administered from 0-4. at the end of Year 1 • Range:0-80 and Year 2 of the • Cut-off score: 60 program. Meaningful Improvement: Ten point increase for participants with a pre-test score below 60. Five point increase for participants with a re-test score City of Miami Beach/Parent-Child Home Program 24 of 52 Contract#1428-1090,Resolution#2013-32 Outcome and target% Timing Data Source/ Associated (e.g.,85%of Measurement Tool(s). (when will tools be Activity children/ outh/ arents will... collected above 61. 85%of parents/caregivers will Parent and Child Together Pre-Test will be Home visits- increase positive parent/child (PACT) administered 2x per Week or family interactions between the 4th& 6th • Items: 20 home visit. Post-test • Scoring:Sum. Each item will be administered is scored on a scale at the end of Year 1 from 0-4. and Year 2 of the • Range:0-80 program. • Cut-off score: 60 Meaningful lmorovement: Ten point increase for participants with a pre-test score below 60. Five point increase for participants with a pre-test score above 61. 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 are to be used during activities/service delivery. For information on evidence-based programs, visit The Children's Trust website. Evidence-Based Program Designating Agency Activity/Service Name from section 4 above ECD - Parent Child - Home Program Child Trends Home visitation 6. Staff Qualifications: Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof,to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Position Management module of SAMIS. Position Title # FT/ % Position Type Key Qualifications Duties Staff PT Effort Position Statu for Svcs s (X) Program 1 Full- 100. Employee X Bachelor's degree in Oversee day-to-day Coordinator Time Social Work or related program operations field and one year including: experience in the training/supervising City of Miami Beach/Parent-Child Home Program 25 of 52 Contract#1428-1090,Resolution#2013-32 Position Title # FT/ % Position Type Key Qualifications Duties Staff PT Effort Position Statu for Svcs s M supervision of others. Home Visitors; participant recruitment and engagement;intake & assessment of eligible participants; completion of all required funder reports and data entry; peer review for fidelity. Division 1 Full- 10%( Employee Bachelor's degree in Director Time In- communication or Provides overall Kind) related field and at program supervision, least 5 years' contract negotiations experience in a and hiring of program progressive staff. leadership role. Grants and 1 Full- 55 Subcontractor Master's degree in Recruits and trains Outreach Time (In- Mental Health Home Visitors. Provides Coordinator kind) Counseling or related weekly supervision to field and one year Home Visitors. experience in the supervision of others. Home Visitor Up to Part- 100. Subcontractor X High School degree Meets with families 10 Time and/or currently and provides them enrolled in college or with books and toys university. for the curricular material and demonstrates how to use them. Completes home visit record for each session. Will have an average caseload of 5 to 10 participants. Home Visitor 1 Part- 100. Independent X Bachelor's degree in Meets with families Time Contractor Social Work, Mental and provides them Health or related with books and toys field. for the curricular material and demonstrates how to use them. Completes City of Miami Beach/Parent-Child Home Program 26 of 52 Contract#1428-1090,Resolution#2013-32 Position.Title # FT/ % Position Type Key Qualifications Duties Staff PT Eff ort Position Statu for Svcs S (X) home visit record for each session. Will have an average caseload of 5 to 12 participants. Home Visitor will be contracted by the City. *Provider is cautioned to review Attachment C to this contract for the terms of programmatic performance and data reporting requirements that must be followed in conjunction with the specific terms applicable to this contract in this Attachment A scope of services. City of Miami Beach/Parent-Child Home Program 27 of 52 Contract#1428-1090,Resolution#2013-32 i ATTACHMENT • B . OTHER FISCAL REQUIREMENTS, BUDGET and PAYMENT City of Miami Beach/Parent-Child Home Program 28 of 52 Contract#1428-1090,Resolution#2013-32 ATTACHMENT B 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 entities and not-for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children's Trust 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 amendments/revisions Budget amendments/revision(s) require written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget amendments/revisions must be submitted to the Contract Manager using the appropriate form and/or entered into SAMIS. All budget amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be used to increase the total contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget amendments/revisions may be approved during the contract term. Budget amendment/revision requests must be submitted sixty (60) days prior to the expiration of Contract. Budget amendments/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. List of Approved Certified Public Accountants or Certified Public Accountinq Firms To receive reimbursement for the preparation the Annual Financial Statement Audit Package and the Program Specific Audit, as defined, Provider must choose from a list of approved Certified Public Accountants or Certified Public Accounting Firms, which are posted to The Childern's Trust website. Inclusion in this pre-approved list requires a Certified Public Accountant or Certified Public Accounting Firm to meet the following three (3) criteria: (a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified Public Accountants (FICPA) peer review program as evidenced by submitting their triennial SystemReview Report with a passing score to The Children's Trust, City of Miami Beach/Parent-Child Home Program 29 of 52 Contract#1428-1090,Resolution#2013-32 (b) providing documentation that a Certified Public Accounting firm, or one of its associates, has adequate experience in governmental accounting_ and/or non profit accounting with the application of Government Auditing Standards and; (c) completion of an annual CPA training session sponsored by The Children's Trust finance department. 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 amendment/revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements Provider shall submit an original request for payment, utilizing the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget amendments/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 an "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 for costs paid during the previous month. Every request by Provider for payment for services provided, work performed, or costs paid 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). Upon the close of this contract, Providers are required to complete Form E-Close-out Attestation of Payment-which 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, which are 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. City of Miami Beach/Parent-Child Home Program 30 of 52 Contract#1428-1090,Resolution#2013-32 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. 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/Parent-Child Home Program 31 of 52 Contract#1428-1090,Resolution#2013-32 Budget Summary Report City of Miami Beach-EHV XX28-1090 City of Miami Beach,PCHP Fiscal Year 13-14(8/1/13-7/31/14) Contract#: 1428-1090 CSC Program Allocation: $150,000 Budget Status: Submitted Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 62,824 50,425 50,425 521 FICA/MICA 912 732 732 522 Retirement Contributions 3,770 3,026 3,026 523 Life and Health Insurance 4,524 4,107 4,107 524 Workers Compensation 189 152 152 525 Unemployment Compensation 0 0 0 Salary Totals: 72,219 58,442 58,442 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 2,956 1,656 1,656 532 Travel(participants) 0 0 0 533 Meals(participants) 0 0 0 534 Space 2,500 0 0 535 Utilities 4,353 0 0 536 Supplies(office) 1,837 1,037 1,037 537 Supplies(program) 7,500 7,500 7,500 540 Non-Capital Equipment 0 0 0 550 Capital Equipment 0 0 0 591 Indirect Cost 0 0 0 611 Subcontractor 61,787 59,472 59,472 711 Professional Services(instructors) 0 0 0 721 Professional Services(certified teachers) 0 0 0 731 Professional Services(tutors) 0 0 0 741 Professional Services(consultants) 0 0 0 791 Professional Services(other) 19,593 19,593 19,593 811 Other(advertising) 0 0 0 821 Other(background screening) 100 0 0 831 Other(admission to field trips) 0 0 0 891 Other(other) 800 800 800 529 Fringe Benefits(other) 0 0 0 841 Program Specific Audit 1,500 1,500 1,500 Expense Totals: 102,926 91,558 91,558 City of Miami Beach/Parent-Child Home Program 32 of 52 Contract#1428-1090 Resolution#2013-32 Co , Salary and Expense Totals: 175,145 150,000 150,000 Program Funders Summary Funders Funder Type Funder Total Comment In-Kind Contributions In-Kind Contributions(Summary) 25,145 Division Director(match funds): Salary$12,399+MICA$180+ W-comp$37+Retirement$744+ Health Insurance$417=$13,777 Travel(other than participants):50 miles per week x$0.50/mile x 52 weeks=$1,300 Space: $25 x 100=$2500 Utilities: $960+$3,085+$308.50 _$4,353 Office Supplies:The City will provide file space,furniture and a copier(with toner and machine maintenance)as an in-kind=$800 Other: Background screening for City staff and independent contractor.2 x$50=$100 Source of match is provided in-kind by the City of Miami Beach. Subcontractor: Barry University Grants and Outreach Coordinator will recruit and train home visitors (match funds). $43,000.00 x 5%_ $2150; Fica/Mica$165; Source of match is provided in-kind by Barry University. 25,145 Summary Funder Totals: 25,145.00 City of Miami Beach/Parent-Child Home Program 33 of 52 Contract#1428-1090,Resolution#2013-32 0 0 0 c °' E c cx c Q M E d E N E C C O O 0 CL Q e 0. 2M E L Im E M 0 c O = m G 3 O 0 N O O O 0 0 CL C N y U E 2.' 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Reporting includes electronic performance measures as noted in the Scope o ( ) p g submission of quantity and outcomes data, as well as narrative reports into The Children's Trust web- based reporting system. 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 City of Miami Beach/Parent-Child Home Program 44 of 52 Contract#1428-1090,Resolution#2013-32 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 at the child-level through the web-based reporting system): • A child of a migrant farm worker (i.e., parent/caregiver crossed county or state lines in search of temporary or seasonal farm work within the past 36 months) • Involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) • Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs) • 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 children with disabilities must contact the All Children Together (ACT) Resource Network. Other information to be obtained for all CHILD participants and included in the participant files, if applicable: • Medical History and Authorization (including special needs and conditions) • Emergency Contact Information • Transportation and Pick-up Authorizations • Confidentiality of Client Information • 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 / 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) • Ethnicity (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 related to how performance for this contract will be analyzed. How much are you doing? City of Miami Beach/Parent-Child Home Program 45 of 52 Contract#1428-1090,Resolution#2013-32 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 / 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). The report will be submitted to The Trust via the web-based reporting system 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:11ccdh.org1act 1about 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. Iniury Prevention Education and Resources (http•//thechildrenstrust.org/injury-prevention). 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 City of Miami Beach/Parent-Child Home Program 46 of 52 Contract#1428-1090,Resolution#2013-32 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 ........................:............Frequency Outcomes Measurement and By 15th of each month for the previous Results (electronic updates via Monthly month web-based reporting system) .............................................................................................................................................................................................:.....................................................................:........................................................................................................................................................................................................................... Demographics, Attendance, and other quantity data (electronic Monthly By 15th of each month for the previous updates via web-based month reporting system) Quarterly Program Narrative For August, September and October- Report (electronic updates via Quarterly DUE NOVEMBER 15,2013 web-based reporting system) ............................................................_.........................................................................................................................................................._......._................................................................. For November, December and January- DUE FEBRUARY 17,2014 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. . For February, March and April- DUE MAY 15,2014 For May, June and July- DUE AUGUST 15,2014 ..............................................................................................................................................................................................<..................................................................... ........................................................................................................................................................................................................ ........... *If the due date falls on a weekend/holiday,then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI Provider shall create and/or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information 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. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. City of Miami Beach/Parent-Child Home Program 47 of 52 Contract#1428-1090,Resolution#2013-32 I Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section 0.3. 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. Program Specific Audits must be conducted in compliance with Statement on Auditing Standards No. 117 (SAS 117) and are required to include performing tests of controls over compliance. Beyond the requirements of SAS 117, an auditor's 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 Program Specific Audit requires the following components (a sample may be found on The Children's Trust website): a. Independent Auditor's Report on Compliance For Each of The Children's Trust Contracts; Report on Internal Control Over Compliance; Report on the Schedule of Expenditures of The Children's Trust Contract(s); and Report on the Schedule of Budget to Actual Expenditures of The Children's Trust Contract(s). b. Notes to'Schedule(s). c. Schedule of Findings and Questioned Costs. The auditor must include the following tests in their audit program to ensure that the compliance requirements set forth in The Children's Trust compliance supplement are met. They are: The Children's Trust Compliance Supplement to the Program Specific Audit: Compliance Requirement Program Specific Audit Example Implication a). Activities Allowed or Un- 1). Requires that activities A). If a provider asks to be allowed purchased and paid with The reimbursed for b field trips, Children's Trust funds are listed in then were those field trips the contractual scope of enumerated in either the services. contractual budget narrative or the contractual AND/OR scope of services? 2). Requires that activities purchased and paid with The Children's Trust funds are listed in the contractual budget narrative or a contractual budget amendment narrative. b). Allowable Costs 1). Requires that the nature and A). If the contractual type of costs paid are in budget, lists a Program City of Miami Beach/Parent-Child Home Program 48 of 52 Contract#1428-1090,Resolution#2013-32 Compliance Requirement Program Specific Audit Example Implication agreement with nature and type Coordinator position at of costs listed in the contractual $25.00/hour, does the budget. provider actually pay and charge The Children's Trust $25.00/hour? B). If the contractual budget, lists a Program Coordinator's position,with dedicated time charged to The Children's Trust program of 25%, then does the provider keep records of an employee's time to substantiate that 25%of time was in fact earned and charged to The Children's Trust program? c). Cash Management 1). With the exception of the last A). If payroll is paid on 3/31, month of the funding period, is it included in March's requires that monthly invoices reimbursement? represent cost actually paid during the contract period (cash B). If a payroll is paid on 4/1, basis), rather than costs incurred but represents time charged or accrued. in March, is it included in April's reimbursement? d). Period of Availability 1). Requires provider A). If the active contract organizations to charge The period extends from 8/1/12 Children's Trust grant with only through 7/31/13, and a allowable costs resulting from provider expends$250.00 obligations incurred during the for office supplies in 9/30/13, funding period. does that expenditure apply to the active contract period? e). Reporting 1). Requires that provider A). Monthly invoices must organizations submit proper be submitted to The fiscal reports, on an annual and Children's Trust by the 15th monthly basis, in accordance day of the following month. with established deadlines. For example, an invoice for the period of March 1 through March 31st must be submitted by April 15th. Internal Controls 1). Requires that beyond the requirements of SAS 117, an auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance; and City of Miami Beach/Parent-Child Home Program 49 of 52 Contract#1428-1090,Resolution#2013-32 I Compliance Requirement Program Specific Audit Example Implication in doing so; the assessed control risk must be set at low. Special Provisions 1). Compliance requirements related to programmatic contract expectations (i.e., children served, level of effort, background checks, etc.) should not be tested as part of The Children's Trust Program Specific Audit. Audit procedures must also include: 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 funding, 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 auditor's 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 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 Report on Compliance For Each of The Children's Trust Contracts; Report on Internal Control Over Compliance; Report on the Schedule of Expenditures of The Children's Trust Contract(s); Report on the Schedule of Budget to Actual Expenditures of The Children's Trust Contract(s) and 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. City of Miami Beach/Parent-Child Home Program 50 of 52 Contract#1428-1090,Resolution#2013-32 • A schedule of findings and questioned costs for The Children's Trust contract(s) that includes a summary of the auditor's results relative to The Children's Trust contract(s) and findings and questioned costs. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. City of Miami Beach/Parent-Child Home Program 51 of 52 Contract#1428-1090,Resolution#2013-32 1 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 CITY OF MIAMI BEACH,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: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: City of Miami Beach/Parent-Child Home Program 52 of 52 Contract#1428-1090,Resolution#2013-32