The Children's Trust and CMB for Youth Development FY 2013-2014
CONTRACT NO. 1476-1090
BETWEEN THE CHILDREN'S TRUST
AND City of Miami Beach
FOR Youth Development
THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 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 sand performance measures, as well as complete and accurate data and
programming information will be used in the evaluation of Provider's overall performance.
3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used
exclusively for services in and for the benefit of Miami-Dade County residents.
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D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered under this
Contract shall not exceed $ 99,249.00 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 riot 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 fully depreciated. Ownership of capital equipment will be transferred to
Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully
depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated
cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to
the equipment being fully depreciated, Provider must return such capital equipment to The Children's
Trust before submission of the final invoice.
In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's
possession, Provider is to perform all of the following: a) within 5 business days provide written notification
to The Children's Trust contract manager that the capital equipment has been either damaged, lost or
stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the
capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by
The Children's Trust.
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4. Assignments and Subcontracts
Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under
this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall
incorporate appropriate language from this contract into each subcontract and shall require each
subcontractor providing services to be governed by the terms and conditions of this contract. Provider
shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 days of its
execution. All sub-contracts with Provider must be executed within 90 days of Provider's execution date.
All subcontractors must agree to be monitored by Provider and/or The Children's Trust, in the same
manner as Provider under the terms of this contract. Provider acknowledges and agrees that The
Children's Trust and any subcontractor to this Contract have authority to communicate and exchange
information about contract, program, and/or fiscal issues. Provider waives any and all claims, demands,
and/or legal action based upon any such communications.
Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract,
including services provided and expenses incurred by any and all subcontractors. The Children's Trust
shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract.
Provider shall be solely liable for any expenses or liabilities incurred under any subcontract. Provider shall
hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or
actions related to any subcontract.
The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by
The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall
be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require
verification from Provider and/or subcontractor of payment due for satisfactory work performed by the
subcontractor.
Provider and any Subcontractor must be currently qualified to do business in the State of Florida at the
time that a subcontractor agreement is entered into and services 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.
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F. INDEMNIFICATION BY PROVIDER
1. Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall
indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities
from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its
officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of
this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors.
Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall
pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate
proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon.
2. All Other Providers
Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and
costs of 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 some consistent with the
purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not
compromise the validity of such copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes,
regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider
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retains sole ownership of intellectual property developed under this Contract. Provider is responsible for
payment of required licensing fees if intellectual property owned by other parties is incorporated by
Provider into the services required under this Contract. Such licensing should be in the exclusive name of
Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall
be at the sole expense of Provider.
As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and
within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless
from liability of any nature or kind, including costs and expenses for or on account of third party
allegations that use of any intellectual property owned by the third party and provided, manufactured or
used by the indemnifying Party in the performance of this Contract violates the intellectual property rights
of that third party.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract if Provider through action or
omission causes any of the following:
a. Fails to comply with Background Screening,as required under this Contract.
b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective
term of this Contract;
C. Fails to correct an imminent safety concern or take acceptable corrective action;
d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
e. Does not furnish and maintain the certificates of insurance required by this Contract or as
determined by The Children's Trust;
f. Does not meet or satisfy the conditions of award required by this Contract;
g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement
requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect
detailed reports of requests for payment, expenditures or final expenditure reports; included, but
not limited to budgets, invoices, and amendments in Services & Activities Management System
(SAMIS).
h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of
Services in this Contract;
i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to
monitor, evaluate and review Provider's program, including required client data;
j. Fails to comply with child abuse and incident reporting requirements;
k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material
misstatement;
I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified
reasonable time;
M. 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.
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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
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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
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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.
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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
Y Y p Y
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 V 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.
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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,
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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 an audit of
The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements.
A provider that does not meet the Program Specific Audit threshold requirement will be exempt from the
Program Specific Audit requirement in the fiscal year that the audit threshold is not met.
Program Specific Audits must be conducted in compliance with Statement on Auditing Standards No. 117 (SAS
1 17) 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
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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@fhechildrenstrust.org 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 subcontractors) 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.
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I
1
1 • _ 1
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.
8. Internal Documentation/Records Retention
Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business
hours the following as may be applicable, subject to applicable confidentiality requirements: (1)
personnel files of employees which include hiring records, background screening affidavits, job
descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records,
and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3)
daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training
modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant
consent and information release forms; (8) agency policies and procedures; and (9) such other
information related to Service provision as described in Attachment A and as required by this Contract; all
upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond
the last date that all applicable terms of this Contract have been complied with and final payment has
been received, and appropriate audits have been submitted to and accepted by the appropriate
entity.
9. Confidentiality
Provider and The Children's Trust understand that during the course of performing the Services hereunder,
each party may have access to certain confidential and proprietary information and materials of the
other party in order to further performance of the Services. The Parties shall protect confidential
information and comply with applicable federal and state laws on confidentiality to prevent unauthorized
use, dissemination or publication of confidential information as each party uses to protect its own
confidential information in a like manner. The Parties shall not disclose the confidential information to any
third party (except that such information may be disclosed to such Party's attorneys), or to any employee
of such Party who does not have a need to know such information, which need is related to performance
of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect
to confidential information which (a) was lawfully known to the receiving party before receipt from the
other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is
rightfully received by the receiving party from a third party without restriction on disclosure, (d) is
independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by
the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the
Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this
Contract shall remain in full force and effect after the termination of this Contract. Provider shall
specifically require all sub-contractors to comply with this paragraph.
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10. 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.
11. Withholding of payment
At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of
contractual terms. The Children's Trust will provide payment upon satisfactory compliance of the
contractual terms as solely determined by The Children's Trust.
P. MODIFICATIONS
Any alterations,variations, modifications, extensions or waivers of provisions of this Contract including but
not limited to amount payable and effective term shall only be valid when they have been reduced to
writing, duly approved and signed by both Parties.
Q. GOVERNING LAW & VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws of the
State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising
out of the terms of this Contract and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and
for, Miami-Dade County, Florida.
R. BACKGROUND SCREENING
In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida
Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact
with children or who come into direct contact with children must complete a satisfactory Level 2
background screening prior to commencing work pursuant to this Contract.
For purposes of this section, the term "direct service provider" means a person 18 years of age or older,
including a volunteer, who provides services to children, youth and their families. The term does not
include volunteers who assist on an intermittent basis for less than 20 hours per month.
Level 2 Background screenings must be completed through the Florida Department of Law Enforcement
(FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background
screening documentation will be accepted for those agencies that already conduct business with either
the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami
Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment
Standards indicating the person has successfully completed a Level 2 screening will be accepted.
If background screenings are completed with VECHS, then Provider shall complete Attachment E:
"Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees,
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i
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 11 A of the Code of Miami-Dade County ("County Code"), as
amended,which prohibits discrimination in employment, housing and public accommodations; Title VII of
the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public
accommodation; the Age Discrimination Act of 1975, 42 U.S.C.Section 6101, as amended,which prohibits
discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
794, as amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public
accommodations because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The
Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any
owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible
enforcement agency or the courts to be in violation of these laws, said violation will be a material breach
of this Contract and The Children's Trust will conduct no further business with Provider.
2. Public Entities Crime Act
Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially
provides that a person or affiliate who is a Provider, consultant or other provider and who has been
placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid
on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract
with The Children's Trust for the construction or repair of a public building or public work, may not submit
bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider
supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any
business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed
on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and
recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive
procurement activities.
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3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of
Interest and Code of Ethics Ordinance, and Florida Statutes §112 as amended, which are incorporated
herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these
conflict of interest' provisions throughout the course of this Contract and in connection with its obligations
hereunder. (Refer to httP://www.miamidadeethics.com/Publications/code of ethics20lO.pdf for the
Code of Ethics Ordinance).
4. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002,
including:
• Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an
official investigation.
• Provider agrees not to punish whistleblowers or retaliate against any employee who reports
suspected cases of fraud or abuse.
5. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the
term of this Contract any and all licenses, certifications, approvals, insurances, permits and
accreditations, required by the State of Florida, Miami-Dade County, relevant municipalities, The
Children's Trust or the federal government. Provider must be qualified and registered to do business in the
State of Florida both prior to and during the contract term with The Children's Trust.
6. Incident Reporting
An incident is defined as any actual or alleged event or situation that creates a significant risk of
substantial or serious harm to the physical or mental health, safety or well being of a child participating in
the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or
exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the
program, or destruction of property used in the program.
Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment
of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free
-telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding
upon both Provider and its employees.
Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is
informed of such incident. Provider shall provide written notification of the incident together with a copy
of the incident report. The report must contain the following:
(1) Name of reporter (person giving the notice)
(2) Name and address of victim and guardian
(3) Phone number where the reporter can be contacted
(4) Date,time, and location of incident
(5) Complete description of incident and injuries, if any
Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the
incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any
legal action related to the incident.
7. Sexual Harassment
Provider shall complete an incident report in the event a program participant, client or employee makes
an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee,
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4
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.
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
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e 1
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 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 esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de
los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y
familias en el Condado de Miami-Dade.
Kreyol:
City of Miami Beach finanse pa "The Children's Trust".Trust la, se yon sous lajan ke gouvenman amerikin
vote an referandom you ke' li investi byen non pwogram kap ameliore la Vi Ti Moun ak fanmi yo non
Myami Dade.
Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall
funding, the above language can be altered to read "The (organization) is funded in part by The
Children's Trust..."
Y. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural
and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the
context requires.
-THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK -
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Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Contract with its attachments as referenced below contains all the terms and conditions agreed
upon by the parties:
Attachment A:Scope of Services
Attachment B: Other Fiscal Requirements, Budget, and Method of Payment
Attachment C: Programmatic Data and Reporting Requirements
Attachment D: Program Specific Audit Requirements
Attachment E: Affidavit for Level 2 Background Screenings, if applicable
No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this
Contract shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
City of iami Beach THE CHILDREN'S TRUST
MIAMI-DADE COUNTY, FLORIDA
By: by: -
(Sig Lure of Aut orized Representative) (Signature)
r Charles Auslander
President and CEO
(Type/Pri t Titl )
Date: S I=1 Date
Provider Federal ID# 596000372
Approved as o form and legal sufficiency
Date: ZZI 13
County Att rney
This contract is not valid until signed by both parties.
APPROVED AS TO
FORM &LANGUAGE
A FO ECUTION
aNJ
.U° tome Date
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Attach ent A
Scope of Servi*ce
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t
City of Miami Beach, 1476-1090
Attachment A
Youth Development
1. DESCRIPTION OF SERVICES:
Morning All Stars is a best practice program that empowers 144 sixth and seventh graders in the City of Miami
Beach to prevent substance abuse, premature sexual activity, fighting, bullying, and delinquency through
group activities, discussions, and take home projects. All Stars promotes idealism, normative beliefs, positive
lifestyles, wholesome standards, resiliency, a sense of belonging, and a positive relationship with parents and
,other adults. The program utilizes research-proven strategies using the All Stars curriculum delivered in 13
sessions that honor the values, experiences, and uniqueness of targeted youth to ensure the strengthening of
;protective values that will keep them safe. Fourteen cohorts will be offered year round to include the school
;year and summer. At risk youth will be identified through the school administration and/or by
parents/guardians and be referred to program through the All-Stars Referral Form.
2. TARGET POPULATION OR PARTICIPANTS:
Type A Participants (Intensive Services, 3+ contacts) Number of Unduplicated
Participants
Total Year Round Children/Youth 144
Year Round Children With Disabilities 14
Year Round Parents/Caregivers 0
Year Round Others (i.e., staff/professionals/mentors) 0
a. Participants by Age
Total estimated number of Type A (intensive services, 3+ contacts) participants to be served by age
group
Children Ages 6 to 12 (Primarily ages 11 & 12) 112
Youth Ages 13 to 18 (22 if CWD) 32
b. Description of participants to be served (describe criteria for program enrollment eligibility,
=geographic areas/neighborhoods or schools to be served, risk factors, as well as any other
,significant demographics information; if serving children with disabilities, include type of
disabilities):
}
Morning All Stars will serve 6th and 7th grade youth who attend school within the City of Miami Beach. These
Fyouth typically have families living in poverty and face daily economic, social, and familial challenges. Youth
are eligible to participate in the program based on the following criteria:
1. A written referral by school administration on an All-Stars Referral Form based on the youth's
behavior, conduct, attitude and/or
2. A written referral by school administration or parent on an All-Stars Referral Form based on the
youth's negative involvement with the Department of Juvenile Justice and/or
3. A written referral by the parent/guardian on an All-Stars Referral Form for the youth's association
with peers in high risk activities such as: smoking, drinking, illegal drugs, fighting, bullying,
delinquency etc.
:Additional participant data:
'As youth (within the City of Miami Beach) transition to middle school their outdoor suspensions increase.
Based on 2006-2007 data, 80% of Fienberg/Fisher K-8 students and 69% of Nautilus Middle students consider
;themselves Hispanic. Additionally, 67.5% of our residents are foreign-born compared to 17.9% nationally.
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Fienberg/Fisher K-8 has a mobility index of 36% compared to 9.1% at Nautilus Middle School. This is partly
'due to the large population of students who attend Fienberg/Fisher but do not live within the City of Miami
Beach.
i3. SERVICE LOCATIONS: Include the estimated number of Type A participants to be served (intensive
services, 3+ contacts) at each site.
Year Round Site Street Address City Zip # # # # Other
Name Code Children CW® Parents
Nautilus_ Middle School 4301 North Michigan Miami Beach 33140 96 9 0 0
Avenue
Fienberg/Fisher K-8 1420 Washington Miami Beach 33139 16 1 0 0
Center Avenue
21St Recreational 2100 Washington Miami Beach 33139 16 2 0 0
Center Teen Club Ave.
City of Miami Beach 1700 Convention Miami Beach 33139 16 2 0 0
City Hall Center Drive
4. PERFORMANCE MEASURES
a. Quantity - "How much will we do?"
FAttendance-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.
The remainder of this page is intentionally left blank.
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"Year Round Activities
Activities/Service Name & Description # # # # % To Activity
Children/ Parents Others Required Meet Type
Youth Sessions Required (A or
G)
SOCIAL SKILLS DEVELOPMENT 144 0 0 12 85 A
Youth Development Group: The All Stars
Curriculum focuses on preventing substance
abuse, premature sexual activity, fighting,
bullying, and delinquency through group activity,
discussion and take home projects. All Stars
promotes idealism, normative beliefs, positive
lifestyles, wholesome standards, resiliency, a
sense of belonging, and a positive relationship
with parents and other adults. Up to 16 sessions
are offered per cohort.
Frequency: Once or twice per week until the
required sessions are completed.
Intensity: 45 minutes per day.
Duration: Will vary on whether the activity
takes place once or twice per week, about a
month or two per cohort. Supplemental sessions
or cohorts may be added as needed to ensure
participants meet the minimum number of
required sessions.
Schedule: An average of 12 participants per
cohort.
More specific cohort information is below:
Nautilus Middle School
Cohort 1: 09/2013- 12/2013 Tuesday Mornings
Cohort 2: 09/2013-10/2013 Monday and
Wednesday afternoons
Cohort 5: 11/2013-12/2013 Monday and
Wednesday afternoons
Cohort 6: 1/2014-4/2014 Tuesday mornings
Cohort 7: 1/2014-3/2014 Monday and
Wednesday afternoons
Cohort 10: 3/2014-4/2014 Monday and
Wednesday afternoons
Cohort 11: 3/2014-4/2014 Tuesday and
Thursday afternoons
Fienberci/Fisher K-8 Center
Cohort 3: 9/2013- 12/2013 Wednesday
afternoons
Cohort 8: 1/2014-4/2013 Wednesday afternoons
218 Recreational Center Teen Club
Cohort 4: 9/2013-12/2013 Monday afternoons
Cohort 9: 01/2014-5/2014 Monday afternoons
City of Miami Beach
Cohort 12: 6/2014-7/2014 Monday and
Wednesday Mornings
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Contract#1476-1090,Resolution#2013-68
I
AFTERSCHOOL - YOUTH DEVELOPMENT 24 0 0 8 85 A
Youth Development Group Booster: The All
Stars Booster curriculum is delivered in an
additional nine supplemental sessions that
reinforce, but do not duplicate, the lessons
learned in All-Stars Core. The Booster session
must happen within three months of completing
the program, which because of school year date
constraints is only offered at Nautilus Middle. Up
to 12 Booster sessions are offered per cohort.
All booster sessions are held in the afternoon at
Nautilus Middle School.
Frequency: Twice per week until the required
sessions are completed.
Intensity: 45 minutes per day.
Duration: About two months per cohort.
An average of 12 participants per cohort.
Supplemental Booster cohorts may be added as
needed.
Schedule: More specific cohort information is
below:
Nautilus Muddle School
Booster Cohort 1: 11/2013-12/2013 Tuesday
and Thursday afternoons
Booster Cohort 2: 4/2014-6/2014 Tuesday and
Thursday afternoons
Two Booster cohorts to be offered from 11/13-
6/14
b. Quality - "How well will we do it'd" Description of the required program Quality measures.
Quality Measure Measurement and Reporting Tool Timing (e.g., After
(e.g., Satisfaction Survey) completion of XX activity)
Average number of sessions attended Electronic Data Reporting System Monthly
(Participant Engagement)
# and % of participants who meet or Electronic Data Reporting System Monthly
exceed the required number of
sessions (Participant retention)
# and % of youth satisfied with Satisfaction Surveys After 11th Group Session for
services provided All-Stars Core or After 7th
Group Session for All-Stars
Booster
Observation of service delivery/ Fidelity Teacher Session Rating Form provided After each session
rY/ Y 9 P
checklist by All-Stars
Documentation of structured Meeting agenda (Monthly meeting with Once per month
supervision Division Director)
# and % of staff with necessary HR Records Annually at start of program
training/certification and follow-up with any staff
changes
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Contract#1476-1090,Resolution#2013-68
e
c. Outcomes - Measuring "Is anyone better off?"
Outcome and Target % Data Source/Measurement Tool(s). Timing (when will Associated Activity
(e.g., 85% of Describe Meaningful Improvement tools be collected)
children/youth/parents
will...)
85% of youth will increase Tool Name: All Stars Youth Survey Pre-test SOCIAL SKILLS
positive peer relationships administered DEVELOPMENT
Description of All Stars Youth Survey: during first
# items: 5 session of each
•
• Scoring: Sum. Each item is scored cohort.
on a scale from -3 to 3. Post test
• Range: Highest score is 15 & lowest administered
possible score is -15. during last session
Meaningful Improvement for All Stars of each cohort.
Youth Survey:
Meaningful improvement is defined as
a 2 point gain from pre to post test
(questions 12, 14, 34, 37 &43).
85% of youth will improve Tool Name: All Stars Youth Survey Pre-test Youth Development
relationships with parents Description: administered Group
and other adults during first
• # items: 7 session of each
• Scoring: Sum. Each item is scored cohort.
on a scale of-3 to 3.
• Range: Highest possible score is 21 Post test
& lowest possible score is -21. administered
Meaningful Improvement: during last session
Meaningful improvement is defined as of each cohort.
a 3 point gain from pre to post test
(questions 23, 25, 27, 30, 36, 41 &
45).
85% of youth will improve Tool Name: All Stars Youth Survey Pre-test Youth Development
decision-making skills Description: administered Group
during first
• # items: 7 session of each
• Scoring: Sum. Each item is scored cohort.
ona scale of -3 to 3.
• Range: Highest possible score is 21 Post test
& lowest possible score is 21. administered
I Meaningful Improvement: during last session
Meaningful improvement is defined as of each cohort.
a 3 point gain from pre to post test
(questions 11, 13, 15, 20, 29, 37 &
44).
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Contract#1476-1090,Resolution#2013-68
+1
5. EVIDENCE BASED PROGRAMS (EBP)
`AII strategies funded by The Children's Trust should deliver high quality, evidence-based practices that are
;strength-based, family centered, accessible, respectful of diversity and mindful of community context and
;connections, or constitute best practices that have been approved by The Children's Trust because when
performed with fidelity they should deliver analogously high quality services.
Listed are the evidence-based programs (if any) that will be used during activities/service delivery. For
information on evidence-based programs, visit The Children's Trust website.
Evidence Based Program Designating Agency Activity/Service Name (from
Section 4 above)
YTH - All Stars Substance Abuse Mental Health Services All Stars Core Group Activity
Administration (SAMHSA)
All Stars Booster Group Activity
6. STAFF QUALIFICATIONS
`Provider represents that all persons delivering the Services required by this Contract have the knowledge and
;skills, either by training, experience, education, or a combination thereof, to adequately and competently
;perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide
Band perform such Services to The Children's Trust's satisfaction. All persons delivering the services described
Therein must be included in the Position Management module of SAMIS.
f
Position # FT / % Position Key Qualifications Duties
Title Staff PT Effort Type Position
Status for Svcs
M
Program 1 FT 100.00 Employee X Bachelor's degree Oversees day-to-day program
Coordinator or higher level of operations including:
education in social Participant recruitment and
work, psychology or engagement; intake &
related field and assessment of eligible
one year experience participants including obtaining
in program consents for services;
evaluation. completion of all required
funder reports; peer review for
fidelity; and direct program
instruction to ensure program
compliance and fidelity
adherence; facilitation of All
Stars curriculum; engagement
of school and community sites.
Office 1 PT 100.00 Employee X City of Miami Beach Part-time, grant funded position
Associate I employee with a will assist with: transportation
valid driver license. of participants before and after
High school diploma school cohort sessions. Works
or higher level of closely with Program
education. Coordinator to ensure program
compliance, assist with
obtaining participant intakes,
assist with organization of
participant files and
organization or curriculum
materials.
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Contract#1476-1090,Resolution#2013-68
1
Payroll 1 FT 5.00 Employee Two years Prepares and processes payroll,
Coordinator experience with City purchases materials, and
of Miami Beach maintains budget reports.
payroll and
Children's Trust
grants.
Division 1 FT 10.00 Employee Bachelor's Degree Bachelor's Degree in
Director lin Communications Communications or related field
or related field and and at least 5 years experience
at least 5 years in a progressive leadership role.
experience in a
progressive
leadership role.
Instructor 3 PT 100.00 Professional X High school diploma Contractors will assist the All
Services or higher level of Stars program with instructing
education. cohorts of All Stars, participant
engagement, recruitment, and
completion of intakes.
* 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.
The remainder of this page is intentionally left blank.
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Contract#1476-1090,Resolution#2013-68
Arffitachme-nt B
OR
UUdget
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Contract#1476-1090,Resolution#2013-68
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 revisions
Budget 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 revisions must be submitted to the Contract
Manager using the appropriate form and/or entered into SAMIS. All budget revisions are subject to final
approval by The Children's Trust. Provider must request a budget revision to add, delete, and/or modify
any line item(s). Budget revisions cannot be used to modify the total contracted amount nor can they be
used to modify the Scope of Services. No more than two (2) budget revisions may be approved during
the contract term. Budget revision requests must be submitted sixty (60) days prior to the expiration of
Contract. Budget revisions will be incorporated into the Contract.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the
total contract amount.
Cost Reimbursement Method of Payment
The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in
accordance with the approved budget and/or approved budget revision as set forth in this Attachment.
Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services
provided in this Contract.
Invoice Requirements
Provider shall submit an original request for payment, utilizing the format prescribed by The Children's Trust
and in accordance with the approved budget or approved budget revision(s). The Children's Trust will
notify the Provider if the request for payment is to be submitted electronically using SAMIS or by using a
reporting "invoice" form/spreadsheet.The request for payment is due on or before the fifteenth (15th) day
of the month following the month in which expenditures were incurred (exclusive of legal holidays or
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Contract#1476-1090,Resolution#2013-68
weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by
Provider for payment for services provided, work performed, or costs incurred pursuant to this Contract,
except for any advanced payments by The Trust, shall be accompanied by a Request for Payment in the
format that is prescribed by The Children's Trust. If there are subcontractors to this Contract, then the
Form D-Attestation of Payment- must be either uploaded to the SAMIS Document Repository or included
in the Request for Payment no later than 30 days after payment to subcontractor(s). These forms may be
downloaded from The Children's Trust's website. For the purpose of payment only, a subcontractor is
defined as an independent agency that has entered into agreement with Provider to perform services
pertaining to The Children's Trust funded programs identified in this Contract.
The Children's Trust reserves the right to request any supporting documentation. A final request for
payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's
Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to
payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract,
and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate
documentation to support the payment within thirty (30) days of notification by The Children's Trust. After
thirty (30) days, The Children's Trust may recapture amounts due to The Children's Trust, from this or any
other The Children's Trust contract by reducing amounts requested to be reimbursed less the amount
owed to The Children's Trust. The Children's Trust shall have the sole discretion in determining if Provider is
entitled to such funds in accordance with this Contract and The Children's Trust's decision on this matter
shall be binding.
In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment
has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior
notification from The Children's Trust.
If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the
Contract, The Children's Trust may amend the Contract to reduce the amount of dollars. Any delay in
amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or
seek reimbursement for under-serving participants in accordance with the Contract.
In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act,
all requests for payment must comply with the requirements set forth in this Contract and must be
submitted on the forms as prescribed by The Children's Trust. Requests for payment and/or
documentation returned to Provider for corrections may be cause for delay in receipt of payment. Late
submission may result in delay in receipt of payment. The Children's Trust shall pay Provider within thirty
(30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required
documentation.
The Children's Trust may retain any payments due until all required reports, deliverables or monies owed to
The Children's Trust are submitted and accepted by The Children's Trust.
Supportina 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.
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Contract#1476-1090,Resolution#2013-68
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.
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Contract#1476-1090,Resolution#2013-68
Budget Summary Report
City of Miami Beach-!YSS XX76-1090 City of Miami Beach
Fiscal Year 13-14(8/1/13-7/31/14)
Contract#:1476-1090
CSC Program Allocation: $99,249
Budget Status: Submitted
Salary Accounts
Original Original Amended
Program CSC CSC
Account# Title Budget Budget Budget
511 Regular Salaries and Wages 76,107 61,450 61,450
521 FICA/MICA 1,104 891 891
522 Retirement Contributions 3,689 2,810 2,810
523 Life and Health Insurance 5,301 4,444 4,444
524 Workers Compensation 229 185 185
525 Unemployment Compensation 0 0 0
Salary Totals: 86,430 69,780 69,780
Expense Accounts
Original Original Amended
Program CSC CSC
Account# Title Budget Budget Budget
531 Travel(other than participants) 0 0 0
532 Travel(participants) 1,350 0 0
533 Meals(participants) 2,465 2,465 2,465
534 Space 23,093 0 0
535 Utilities 7,593 0 0
536 Supplies(office) 1,764 835 835
537 Supplies(program) 1,080 1,080 1,080
540 Non-Capital Equipment 0 0 0
550 Capital Equipment 0 0 0
591 Indirect Cost 0 0 0
611 Subcontractor 0 0 0
711 Professional Services(instructors) 22,500 22,500 22,500
721 Professional Services(certified teachers) 0 0 0
731 Professional Services(tutors) 0 0 0
741 Professional Services(consultants) 0 0 0
791 Professional Services(other) 0 0 0
811 Other(advertising) 396 396 396
821 Other(background screening) 225 0 0
831 Other(admission to field trips) 0 0 0
891 Other(other) 1,200 1,200 1,200
529 Fringe Benefits(other) 0 0 0
841 Program Specific Audit 993 993 993
City of Miami Beach
Expense Totals: 62,659 29,469 Page 32 of 55 29,469
Contract#1476-1090,Resolution#2013-68
Salary and Expense Totals: 149,089 99,249 99,249
Program Funders
Summary Funders
Funder Type Funder Total Comment
In-Kind Contributions In-Kind Contributions(Summary) 49,840 Division Director and Payroll
Coordinator:
Salaries-(Division Director)
$12,447+(Payroll Coordinator)
$2,210=$14,657
FICA/MICA-(Division Director)
$181 +(Payroll Coordinator)$32=
$213.00
W-Comp-(Division Director)$37+
(Payroll Coordinator)$7=$44.00
Retirement: (Division Director)
$12,447x6%+$2,210x6%=
$879.42$879
Health-(Division Director)$414+
(Payroll Coordinator)$443=$857
Travel: $1,350
Space: $23,093
Utilities: $7,593
Office supplies: $929
Background Screening:$225
Total: $49,840
Summary Funder Totals: 49,840.00
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Contract#1476-1090,Resolution#2013-68
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ATTACHMENT C
Programmatic Performance and Data Reporting Requirements
Provider shall submit to The Children's Trust individual participant demographics, attendance, and
performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic
submission of quantity and outcomes data, 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 Page 46 of 55
Contract#1476-1090,Resolution#2013-68
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.
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How much are you doing?
Recruitment-Refers to the actual number of participants (with at least one day of attendance) across all
attendance-based activities in a program. Attendance cannot be entered for a given participant until
her/his demographic information has been completed.The contracted number of participants expected
to be recruited and enrolled in each activity is set forth in Attachment A (Scope of Services).
How well are you doing? (for all Attendance-based activities)
Retention- Refers to the number and percentage of participants meeting the number of required sessions
across all attendance-based activities. All participants with at least one day of attendance are counted
towards retention.
Engagement- Refers to the average number of sessions attended by participants across all attendance-
based activities. All participants with at least one day of attendance are counted towards engagement.
Outcome Testing / 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://ccdh.org/act/about act/). The Children's Trust
requires that providers offering intensive services to children attend trainings, as offered, to become
educated about the inclusion of children with disabilities. Inclusion of children with disabilities requires
that programs be appropriately adapted to meet the needs of all participating children. The All Children
Together (ACT) Resource Network is a resource available to providers for technical assistance, mentoring,
training and consultation regarding provision of services to children with disabilities.
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Iniury Prevention Education and Resources (http://thechildrenstrust.org/iniury-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
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
............Fregvency
.
Outcomes Measurement and By 15th of each month for the previous
Results (electronic submission via Monthly
web-based reporting system) month
Demographics, Attendance,and
other quantity data (electronic Monthly By 15th of each month for the previous
submission via web-based month
reporting system)
...................................._.............................
...................................................................._.............................................................................................................................................................................
Quarterly Program Narrative
Report (electronic submission via Quarterly For August, September and October-
web-based reporting system)
DUE NOVEMBER 15,2013
_.._..__...._ .... _ _.... _._....__..__._...._..__....... _....___............................................................................................................................................................................................................................................................................................................................
For November, December and January- i
DUE FEBRUARY 17,2014
_............_............__...........__..........__..._.....__..........__............._............_............__.........._..........__........................................................................................................................................................................................................................................................_.........................................._........................
;
j For February, March and April-
i DUE MAY 15,2014
1...�.............__............_.........._...._...........__...._......w.........._._............__............__............_..............._.......... .......�..........................................................................
........................................................................................................................................................................................
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.
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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 Proctram 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 6 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.
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Compliance Requirement Program Specific Audit Example
Implication
b). Allowable Costs 1). Requires that the nature and A). If the contractual
type of costs paid are in budget, lists a Program
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 411,
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 31 st must be
submitted by April 15th.
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Compliance Requirement Program Specific Audit Example
Implication
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
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:
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1
• 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 Contracts) 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.
• 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.
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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 (Provider Name) ,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:
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Performance Improvement Plan
Contract No. 1476-1090
Agency Name: City of Miami Beach — Morning All Stars
The intent of this Performance Improvement Plan is to identify programmatic areas of performance in need of
improvement identified in the Interim Performance Review. This is a plan of action to address concerns in a
meaningful way that is likely to achieve positive results. This plan includes technical assistance and support as well
as performance requirements and achievement deadlines. This Performance Improvement Plan will remain in effect
until the conditions described are satisfied.
Programmatic Findings Action Plan Due Date
Performance
Concern
Provider's retention Provider's Support: The Children's Trust will provide support Plan:
and/or engagement retention and/or and technical assistance. The Contract Manager Due within 15
rate is low. engagement rate will do a monthly data review, assess progress, days of
is low for the and discuss possible issues with the Division contract
Youth Director. Trainings, on multiple topics, will also execution.
Development continue to be offered throughout the year.
Group.
Plan: Provider must develop and implement a Performance:
service plan that is likely to increase the number Improvement
of sessions participants attend. Proposed sessions must be
should be offered in a consistent basis across all demonstrated
sites in order to improve utilization. Relationships by the 2013-
with school administrators and the district should 2014
be fostered. contractual
year Interim
Performance Expectation: Provider will Performance
demonstrate an acceptable retention and/or Review.
engagement rate, 85% of the participants
expected to have completed the 12 sessions for
the Youth Development Group by the 2013-14
Interim Performance Review. Information should
be current and accurately reflected in our SAMIS
system. After the Interim Performance Review,
the retention and/or engagement rate should
continue to meet the contractual expectation
throughout the remainder of the contract period.
I
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