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Contract No. 1576-1090 for Youth Development 2o i -z <3,5 FY 2014-2015 CONTRACT NO.1576-1090 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 Dr. Miami Beach, FL 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, 2014 through July 31, 2015 subject to funding availability and Provider's performance. B. TERMS OF RENEWAL,if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to,the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re-negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for services in and for the benefit of Miami-Dade County residents. City of Miami Beach Page 1 of 57 Contract#1576-1090,Resolution#2014-42 D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $99,249, 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 Attachment B of this Contract: Other Fiscal Requirements, Budget and Method of Payment. E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by, and currently available from, local and state funding sources for the same purpose. A violation of this section is a material breach of this Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 691-73.001, and is defined as individual items with a value of$1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in section K of this Contract. Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform all of the following: a) within 5 business days provide written notification to The Children's Trust Contract Manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust. City of Miami Beach Page 2 of 57 Contract#1576-1090,Resolution#2014-42 �r 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 u nl ess 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 conduct 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 211, The Children's Trust 24 hour helpline. City of Miami Beach Page 3 of 57 Contract#1576-1090,Resolution#2014-42 F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for City of Miami Beach Page 4 of 57 Contract#1576-1090,Resolution#2014-42 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. P. Fails to submit an Annual Financial Statement Audit and a Program Specific Audit, as applicable, in accordance with Section O and Attachment D of this contract. q. Fails to submit an Audit Engagement Letter for both the Annual Financial Statement Audit and the Program Specific Audit within thirty (30) days after Provider's fiscal year end. City of Miami Beach Page 5 of 57 Contract#1576-1090,Resolution#2014-42 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 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 City of Miami Beach Page 6 of 57 Contract#1576-1090,Resolution#2014-42 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 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 City of Miami Beach Page 7 of 57 Contract#1576-1090,Resolution#2014-42 I 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. 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust,but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. City of Miami Beach Page 8 of 57 Contract#1576-1090,Resolution#2014-42 7. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue,8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,subject to the reasonable approval of The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date of making any material changes to the insurance coverage except for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease,waiver or modification. In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. 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 (IRS) tax status determination letter, if applicable;and City of Miami Beach Page 9 of 57 Contract#1576-1090,Resolution#2014-42 ■ The most recent (two years) IRS 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; and ■ IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then 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 that 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, final payment has been received and appropriate audits have been submitted to and accepted by The Children's Trust. 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, then 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's independent certified public accounting firm (CPA) must submit all of the following documents, electronically, to The Children's Trust, which together comprise an annual financial statement audit conducted in accordance with GAAP and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book).The required items are: a) An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation;and b) Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control Related Matters Identified in an Audit;" and City of Miami Beach Page 10 of 57 Contract#1576-1090,Resolution#2014-42 c) Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance;" and d) Written communication encompassing the requirements of Government Auditing Standards, that includes an "Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards;" and 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; and f) A Management Letter; if no Management Letter is prepared by Provider's CPA firm, then the CPA firm must expressly confirm, in writing, that no Management Letter was issued. If Provider's annual financial statement audit is prepared by the Florida Auditor General, then the due date for submitting the annual financial statement audit, as defined, is 270 days after the close of Provider's fiscal year. Electronic filing of the annual financial statement audit, as defined, must be sent by Provider's CPA firm to the following e-mail address: audits @thechildrenstrust.org. Providers that are required to have a Single Audit agree to have their CPA firm submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan,if applicable. 3. Program Specific Audit Within 180 days of the close of its fiscal year, Providers that are contracted for a combined total of $100,000 or more from The Children's Trust are required to have their CPA firm submit a program specific audit related to The Children's Trust contracts, electronically, in addition to the annual financial statement audit. The program specific audit shall be performed by an independent CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation, has performed audits under Government Auditing Standards and is either a member of the AICPA or FICPA peer review program to include government engagement reviews. This program specific audit must 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. 4. Audit Extensions Audit extensions may be granted 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 anticipated audit completion date and any concerns from Provider's CPA firm related 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 and other financial information will be used in the evaluation of Provider's performance and overall fiscal health. In the event that either the annual financial statement audit 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 the documents are received and determined to be acceptable by The Children's Trust. City of Miami Beach Page 11 of 57 Contract#1576-1090,Resolution#2014-42 5. Engagement Letters Audit Engagement Letters are due to The Children's Trust thirty (30) days after Provider's fiscal year end. Provider agrees to submit an engagement letter for both the annual financial statement audit and the program specific audit, electronically, to audits @thechildrenstrust.org Failure to submit an engagement letter may result in a 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 of the program specific audit, as defined, Provider must choose from a list of approved CPA firms, which are posted on The Children's Trust website. Inclusion in this pre-approved CPA vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal Requirements, Budget and Method of Payment. 7. Access to Records Provider shall permit access to all records including subcontractor records,which relate to this contract at its place of business during regular business hours. Provider agrees to deliver such assistance as may be necessary to facilitate a review or audit by The Children's Trust to ensure 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 work 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 and 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 at 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 remedy all deficiencies cited within the period of time specified in the report. 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); and (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 10. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) City of Miami Beach Page 12 of 57 Contract#1576-1090,Resolution#2014-42 personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education and evaluation procedures; and (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Services pursuant to this contract; and (3) daily activity logs and monthly calendars of the provision of Services pursuant to this contract; and (4) training modules; and (5) pre and post session questionnaires; and (6) all participant attendance records; and (7) participant consent and information release forms; and (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 Children's Trust and/or other appropriate agency. 11. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information,which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require all sub-contractors to comply with this paragraph. 12. Data Security Obligation Provider shall maintain an appropriate level of data security for the personally identifiable information (Pll) 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 Pll from unauthorized access and protection against data breaches and ensures Provider is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of Pll on Provider's computing network and as paper records. This policy shall address the topics of computer passwords, screensavers that lock computers, securing physical facilities, storing data, data use, data confidentiality agreements, and staff training related to the policy. Additionally, Provider is responsible for approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider 13. Withholding of Payment At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of contractual terms. The Children's Trust will provide payment upon satisfactory compliance with the contractual terms as solely determined by The Children's Trust. City of Miami Beach Page 13 of 57 Contract#1576-1090,Resolution#2014-42 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 LAIN &VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Contract. For purposes of this section, the term "direct service provider" means a person 18 years of age or older, including a volunteer, who provides services to children, youth and their families. The term does not include volunteers who assist on an intermittent basis for less than 20 hours per month. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families.(DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, and subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and sub-contractors files. Provider shall re-screen each employee,volunteer and/or subcontractor every five years. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. 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. City of Miami Beach Page 14 of 57 Contract#1576-1090,Resolution#2014-42 Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions,sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 11 A of the Code of Miami-Dade County ("County Code"), as amended,which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation;the Age Discrimination Act of 1975,42 U.S.C.Section 6101, as amended,which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. (Refer to http://www.miamidadeethics.com/Publications/­­code of ethics2010.Qdf 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. City of Miami Beach Page 15 of 57 Contract#1576-1090,Resolution#2014-42 5. licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, 'certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami-Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to and during the contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time,,and location of incident (5) Complete description of incident and injuries, if any Police report and.actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days,if any legal action which is filed as a result of such an alleged incident. 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. 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 City of Miami Beach Page 16 of 57 Contract#1576-1090,Resolution#2014-42 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 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 Ias vidas de ninos y familias en el Condado de Miami-Dade. City of Miami Beach Page 17 of 57 Contract#1576-1090,Resolution#2014-42 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 nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as*the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK - 'I I City of Miami Beach Page 18 of 57 Contract#1576-1090,Resolution#2014-42 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A:Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings,if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF IAMI BEAC THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA By: by: (Sign ur thorized Representative) (Signature) �! Charles M. Auslander (Ty /Print Name) C( -c`-At President and CEO (Type/Print Title) Date: Ap f Ll- Date Provider Federal ID#596000372 Approve t o rr nd legal sufficiency Date: Z, 14 County Attor ey This contract is not valid until signed by both parties. APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION Ar City Attorney Date City of Miami Beach Page 19 of 57 Contract#1576-1090,Resolution#2014-42 Attachment 0•:? ®�v.:�, un ..ac+f d sr T City of Miami Beach Page 20 of 57 Contract#1576-1090,Resolution#2014-42 City of Miami Beach, 1576-1090 Attachment A Youth Development _ ng 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): r m., ... .......o Morning All Stars will serve 6th and 7th grade youth who attend school within the City of Miami Beach. These =youth typically have families living in poverty and face daily economic, social, and familial challenges. 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. i 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. City of Miami Beach Page 21 of 57 Contract#1576-1090,Resolution#2014-42 I €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. N,....,,...,µ,.,,:, ......,... ....... .......... . .,._.w .. _....._.w..... ........._.._ ..,............­,.. ....... �3. 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 A. PERFORMANCE MEASURES 'a. Quantity - "How much will we do?" :Attendance-based activities (Type A) are intensive services, activities which participants are intended to receive generally three or more contacts, and include the core program activities. The table reflects the ;unduplicated number of participants to be served and the number of required sessions for each participant to `attend for the program to have an impact. ',Group activities (Type G) are less intensive services, events which participants attend one or two times, sand 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 Ethat will be offered. The remainder of this page is intentionally left blank. City of Miami Beach Page 22 of 57 Contract#1576-1090,Resolution#2014-42 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 10 85 A Youth Development Core 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 with a minimum of 10 sessions required. Although 13 sessions are recommended for this activity, the developer confirmed that participants show gains with as few as 10 sessions. 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: 09/2014- 12/2014 Tuesday Mornings Cohort 2: 09/2014-11/2014 Monday and Wednesday afternoons Cohort 5: 11/2014-12/2014 Monday and Wednesday afternoons Cohort 6: 1/2015-4/2015 Tuesday mornings Cohort 7: 1/2015-3/2015 Monday and Wednesday afternoons Cohort 10: 3/2015- 5/2015 Monday and Wednesday afternoons Cohort 11: 3/2015-5/2015 Tuesday and Thursday afternoons Fienbera/Fisher K-8 Center Cohort 3: 9/2014- 12/2014 Wednesday afternoons Cohort 8: 1/2015-4/2015 Wednesday afternoons 21-8 Recreational Center Teen Club Cohort 4: 9/2014-12/2014 Monday afternoons Cohort 9: 01/2015-5/2015 Monday afternoons City of Miami Beach Page 23 of 57 Contract#1576-1090,Resolution#2014-42 City of Miami Beach Cohort 12: 6/2015-7/2015 Monday and Wednesday Mornings AFTERSCHOOL - YOUTH DEVELOPMENT 24 0 0 6 85 A Youth Development Booster Group: 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 with only 6 sessions required. 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 Middle School Booster Cohort 1: 11/2014-12/2014 Tuesday and Thursday afternoons Booster Cohort 2: 4/2015-6/2015 Tuesday and Thursday afternoons Two Booster cohorts to be offered from 11/14- 6/15 b. Quality - "How well will we do it?" 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 At the end of each cohort (Participant Engagement) # and % of participants who meet or Electronic Data Reporting System At the end of each cohort exceed the required number of sessions (Participant retention) # and % of youth satisfied with Satisfaction Surveys After 9th Group Session for services provided All-Stars Core or After 5th Group Session for All-Stars Booster Observation of service delivery/ Fidelity Teacher Session Rating Form provided After each session checklist by All-Stars Documentation of structured Meeting agenda (Monthly meeting with Once per month supervision Division Director) City of Miami Beach Page 24 of 57 Contract#1576-1090,Resolution#2014-42 # and % of staff with necessary HR Records Annually at start of program training/certification and follow-up with any staff changes =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 85% of youth will increase Tool Name: All Stars Youth Survey - Pre-test SOCIAL SKILLS positive peer relationships Questions 16, 32, 40, 41, 44 administered DEVELOPMENT during the first Description of All Stars Youth Survey: session the # items: 5 participant • Scoring: Sum. Each item is scored attends. on a scale from -3 to 3. Post test • Range: Highest score is 15 & lowest administered possible score is -15. during the last Meaningful Improvement for All Stars session the Youth Survey: participant Meaningful improvement is defined as attends. a 2 point gain from pre to post test. 85% of youth will improve Tool Name: All Stars Youth Survey - Pre-test SOCIAL SKILLS relationships with parents Questions 12, 14, 20, 23, 27, 34, 36 administered DEVELOPMENT and other adults Description: during the first session the • # items: 7 participant • Scoring: Sum. Each item is scored attends. ona scale of -3 to 3. • Range: Highest possible score is 21 Post test & lowest possible score is -21. administered Meaningful Improvement: during the last Meaningful improvement is defined as session the a 3 point gain from pre to post test. participant attends. 85% of youth will improve Tool Name: All Stars Youth Survey - Pre-test SOCIAL SKILLS decision-making skills Questions 11, 13, 16, 19, 21, 38, 43 administered DEVELOPMENT Description: during the first session the • # items: 7 participant • Scoring: Sum. Each item is scored attends. on a scale of -3 to 3. • Range: Highest possible score is 21 Post test & lowest possible score is -21. administered Meaningful Improvement: during the last Meaningful improvement is defined as session the a 3 point gain from pre to post test. participant attends. City of Miami Beach Page 25 of 57 Contract#1576-1090,Resolution#2014-42 i 5. EVIDENCE BASED PROGRAMS (EBP) ,All strategies funded by The Children's Trust should deliver high quality, evidence-based practices that are I 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 'and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Position Management module of SAMIS. S Position #: FT / % Position= Key, Qualifications Duties Title Staff PT ' Effort Type: Position Status for Svcs 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. City of Miami Beach Page 26 of 57 Contract#1576-1090,Resolution#2014-42 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. Department 1 FT 2.5 Employee Bachelor's Degree in Provides overall department supervision Director Communications or on behalf of City.Department Director related field and at least 5 is certified in the All Stars program. years experience in a progressive leadership role. Division 1 FT 10.00 Employee Bachelor's Degree Provides overall program Director in Communications supervision on behalf of City as or related field and well as: conducts contract at least 5 years negotiations; interviews, experience in a screens and selects program progressive staff; and supervises peer leadership role. review fidelity assessments. 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. City of Miami Beach Page 27 of 57 Contract#1576-1090,Resolution#2014-42 Attachment City of Miami Beach Page 28 of 57 Contract#1576-1090,Resolution#2014-42 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments of up to 15%of the total contract value. 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 must include the amount requested and a justification for the request. Advance 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. Advance repayment Advance repayment is due within 60 calendar days of receipt of the advance. Provider shall report the amount of the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS reimbursement screen. If a provider does not use SAMIS, then they are required to deduct their advance repayment from each invoice,consecutively, until the advance is repaid in full. Budget amendments/revisions Budget amendments/revisions require written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee. Request for budget amendments/revisions must be submitted to a Contract Manager using SAMIS, or the appropriate form, as designated by The Children's Trust. All budget amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be used to increase the total contract amount or to modify the Scope of Services. No more than two (2) budget amendments/revisions may be approved during the contract term. Budget amendment/revision requests must be submitted sixty (60) days prior to the expiration of contract. Budget amendments/revisions will be incorporated into the contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract amount. List of Approved Certified Public Accountants or Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, provider must choose from a list of approved independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust website. Inclusion in this pre-approved vendor pool requires that a CPA firm meet the following three (3) criteria: (a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified Public Accountants (FICPA) peer review program as evidenced by submitting their triennial System Review Report with a passing score to The Children's Trust; and (b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental accounting and/or nonprofit accounting with the application of Government Auditing Standards; and (c) completion of an annual CPA training session sponsored by The Children's Trust finance department. City of Miami Beach Page 29 of 57 Contract#1576-1090,Resolution#2014-42 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 amendments/revisions as set forth in this attachment. Provider also agrees to pay its subcontractors, vendors and employees for the fulfillment of services provided in this contract, on a timely basis. Invoice Reguirements Provider shall submit an original request for payment, using the format prescribed by The Children's Trust and in accordance with the approved budget or budget amendments/revisions. The Children's Trust will notify Provider if the request for payment should be submitted electronically using SAMIS or by using a paper invoice. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis for costs paid during the previous month. Every request by Provider for payment for services, work performed or costs paid pursuant to this contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment in the format that is prescribed by The Children's Trust. The Children's Trust reserves the right to request any supporting documentation related to this contract. 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. Upon the close of this contract, Provider is required to complete Form E: Close-out Attestation of Payment, which must be either uploaded to the SAMIS Document Repository or included in the Request for Payment no later than 30 days after payment to subcontractor. 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. 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,then all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been - aid funds which are not in accordance with this p contract, and to which it is not entitled, then 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 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 CPA firm or The Children's Trust discovers that an overpayment has been made, Provider shall repay the 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, then 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. A request for payment will be deemed proper as defined by the Florida Prompt Payment Act, if the request complies with the requirements set forth in this contract and is submitted on the forms 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. City of Miami Beach Page 30 of 57 Contract#1576-1090,Resolution#2014-42 I . The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required documentation. The Children's Trust may retain any payments due until all required reports, deliverables or monies owed to The Children's Trust are submitted and accepted by The Children's Trust. Supporting Documentation Requirements Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider shall keep accurate and complete records of any fees collected, reimbursement or compensation of any kind received from any client or other third party, for any service covered by this contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that is used to allocate its costs to ensure that The Children's Trust is paying only its fair share of costs for services, overhead and staffing devoted to the program funded by this contract.Such methodology shall be made available to The Children's Trust upon request. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. City of Miami Beach Page 31 of 57 Contract#1576-1090,Resolution#2014-42 Budget Summary Report City of Miami Beach-YSS XX76-1090 City of Miami Beach Fiscal Year 14-15(8/1/14-7/31/15) Contract#:1576-1090 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 75,101 61,450 61,450 521 FICA/MICA 1,089 891 891 522 Retirement Contributions 3,629 2,810 2,810 523 Life and Health Insurance 5,422 4,444 4,444 524 Workers Compensation 226 185 185 525 Unemployment Compensation 0 0 0 Salary Totals: 85,467 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 23,543 0 0 535 Utilities 7,772 0 0 536 Supplies(office) 1,860 931 931 537 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) 23,400 23,400 23,400 721 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) 0 0 0 821 Other(background screening) 225 0 0 831 Other(admission to field trips) 0 0 0 891 Other(other) 600 600 600 529 Fringe Benefits(other) 0 0 0 841 Program Specific Audit 993 993 993 Expense Totals: 63,288 29,469 29,469 City of Miami Beach Page 32 of 57 Contract#1576-1090,Resolution#2014-42 Salary and Expense Totals: 148,755 99,249 99,249 Program Funders Summary Funders Funder Type Funder Total Comment In-Kind Contributions In-Kind Contributions(Summary) 49,506 Payroll Coordinator, Division Director and Department Director: Salaries-(Payroll Coordinator)2,210 +(Division Director)$7,707 (Department Director)$3,734= $13,651 FICA/MICA-(Payroll Coordinator) $32+(Division Director)$112+ (Department Director)$54=$198 Worker's Comp-(Payroll Coordinator)$7+(Division Director) $23+(Department Director)$11= $41 Retirement-(Payroll Coordinator) $133+(Division Director)$462+ (Department Director)$224=$819 Health&Life-(Payroll Coordinator) $443+(Division Director)$411 + (Department Director)$124=$978 Travel:$1,350 Space:$23,543 Utilities: $7,772 Office Supplies:$929 Background Screening: $225 Total: $49,506 Summary Funder Totals: 49,506.00 . 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C O R (D T Q L N p X t5 O O 7 Cl) � V C U N c m •m N H o 3 N m � H u1 a U O > > m 2 v •v u U Q U L V U) N m m m m m m m p E 4) 'O L '0 C L 07 m a A m z m z t m p o 0. c6 C O 1!1 C C N i%1 G C f%1 _ r- 2m + m ti Cf 0 'O m V m •0 0 v m 10 O II Q a O II Q O O cv 0 o cc 7 W m i7 m 11 i7 m m U w �e z A «. Z A z O w C m 7 C m E O A C U z 0 E E E cm ° ` cm m m C « o c 2 O V m m a a Q o Q m p ~A-0 w m m 10 E m m 1° c1 m m = > > > C O C `01 O C CM o fl. Of . O O m C p d O m Q Q oo O a m Q Q w O H m ¢ W d � rn o� `n 0 0 CL V v c � m E c°a a a m n m 0 a` o� O v d N Of a 7 m U N U V c CD E a y N M Im 7 m U N U L O N O N C O 7 O V7 N O U p W m cD F— # 4) U N w ca C � b x UU W C eo ea N I Attachment City of Miami Beach Page 48 of 57 Contract#1576-1090,Resolution#2014-42 ATTACHMENT C City of Miami Beach 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. standards for performance will constitute a breach of contract. The Failure to meet theminimum p 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 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. City of Miami Beach Page 49 of 57 Contract#1576-1090,Resolution#2014-42 • 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 • Consent to Release Educational Records 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 the contract's performance will be analyzed. i City of Miami Beach Page 50 of 57 Contract#1576-1090,Resolution#2014-42 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). Outcome Testing / Match Sets - Refers to the number of participants tested compared to the number of participants recruited/retained. The Children's Trust requires that all program participants 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). 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. 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. 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. 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. CONTRACT PERFORMANCE REVIEWS A minimum of two performance reviews are conducted annually by Trust staff: an interim review and an annual full review. The interim review process is completed at or prior to the first six months to assess whether the following areas are "on track" or "off track": staffing, activities, recruitment, retention/engagement and participant testing. The interim review is used for the purpose of contract renewal and may also be used for funding determinations, in conjunction with the end of the year score from the previous contract year (if applicable). A full annual performance review is completed following the end of the contract year using three review tools (On-Site Monitoring, Results and Accountability, and Fiscal) to measure success and ensure compliance with the terms of the contract. The overall performance is a measure of three areas: procedural compliance (15% of the score), fiscal compliance (25% of the score), and quality and quantity of services (60% of the score), and it generates a performance score. QUARTERLY PROGRAM NARRATIVE REPORT The Program Narrative Report captures a brief account 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 City of Miami Beach Page 51 of 57 Contract#1576-1090,Resolution#2014-42 J 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. Injury Prevention Education and Resources (http://thechildrenstrust.orciliniury-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 ..........._Frequency................................................... i Outcomes Measurement and Results (electronic submission via Ongoing BY 15th of each month for the previous web-based reporting system) month ........_............_..._......_.........__._......._.............._............_.........__.........__..._._..____........_...._....._............................................................................................................................................................................................._.................................._..................................................................................... Demographics, Attendance, and other quantity data (electronic Ongoing By 15th of each month for the previous submission via web-based month reporting system) r.__.. �_..__.�_..�____ _...__.. _ ......................................................................... Quarterly Program Narrative Report (electronic submission via I Quarterly j For August,September and October- s web-based reporting system) DUE NOVEMBER 17,2014 i i ..........................................................................p...................................................................................................................._................................................................................................._._............... For November, December and January- DUE FEBRUARY 17,2015 For February, March and April- DUE MAY 15,2015 For May, June and July- DUE AUGUST 17,2015 _ _ ..............................:.................................................._..........................................._...........,.........................................__......................_....................._.......................... eeke ........ *If the due date falls on a wnd/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 of an up to date profile(s) must be provided to the Contract Manager within 30 days from start of services or any time there is a change to key program information (e.g., contact information, service location, hours, program description). I City of Miami Beach Page 52 of 57 Contract#1576-1090,Resolution#2014-42 Attachment City of Miami Beach Page 53 of 57 Contract#1576-1090,Resolution#2014-42 _ J Attachment D Program Specific Audit Requirements The Program Specific Audit must encompass an audit of The Children's Trust contracts in accordance with section 03: Program Specific Audit of this contract. The comprehensive nature of auditing performed in accordance with the standards set forth below places on the independent certified public accounting firm (CPA) the responsibility for ensuring that (1) the audit is conducted by personnel who have the necessary skills; and (2) independence is maintained; and (3) applicable standards are followed in planning and conducting audits and reporting the results; and (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 AU-C 935 and 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 format may be found on The Children's Trust website): a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts;and b. Schedule of Expenditures of The Children's Trust Contracts;and c. Notes to Schedule;and d. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control over Compliance;and e. Schedule of Findings and Questioned Costs. At a minimum, 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 Proaram Specific Audit: Compliance Requirement Program Specific Audit Example Implication a). Activities Allowed or Un- 1). Requires that activities A). If Provider asks to be reimbursed allowed purchased and paid with The for 6 field trips to teach children Children's Trust funds are listed in social skills, then were those field the contractual Scope of trips enumerated in either the Services. contractual budget narrative or the contractual Scope of Services? AND/OR 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/revision narrative. City of Miami Beach Page 54 of 57 Contract#1576-1090,Resolution#2014-42 Compliance Requirement Program Specific Audit Example Implication b). Allowable Costs 1). Requires that the nature and A). If the contractual budget, lists a type of costs paid are in Program Coordinator position at agreement with nature and type $25.00/hour,then does the provider of costs listed in the contractual actually pay and charge The budget and/or budget Children's Trust$25.00/hour? amendment/revision. 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). If an invoice is submitted to The Children's Trust that includes a charge for food for end of year parties and celebrations, is that cost allowable per The Children's Trust budget guidelines? Food costs for end of year celebrations are NOT allowable per The Children's Trust budget guidelines. c). Cash Management 1). With the exception of the last A). If payroll is paid on 3/31,is it month of the contract period, included in March's reimbursement? do monthly invoices represent cost actually paid during the B). If payroll is paid on 4/1, but contract period (cash basis), represents time charged in March,is rather than costs incurred or it included in April's reimbursement? accrued. d). Period of Availability 1). Requires Provider to charge A). If the active contract period The Children's Trust grant with extends from 8/1/14 through only allowable costs resulting 7/31/15, and Provider expends from obligations incurred during $250.00 for office supplies on the funding period. 9/30/14,does that expenditure apply to the active contract period? e). Reporting 1). Requires Provider to submit A). Monthly invoices must be proper fiscal reports, on an submitted to The Children's Trust by annual and monthly basis,in the 15th day of the month following accordance with established the month in which expenditures deadlines. were incurred. For example,an invoice for the period of March 1 through March 31 St must be City of Miami Beach Page 55 of 57 Contract#1576-1090,Resolution#2014-42 I Compliance Requirement Program Specific Audit Example Implication submitted by April 15th. Internal Controls 1). Requires that beyond the requirements of SAS 117, an auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance; and 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 amendments/revisions. b. Testing to ensure that no double billing has occurred (i.e. billing under The Children's Trust contract for 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 the controls over compliance beyond 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. City of Miami Beach Page 56 of 57 Contract#1576-1090,Resolution#2014-42 ATTACHMENT E Affidavit for Level 2 Background Screenings Affidavit Affirming Compliance with Background Screening for Provider Personnel, Volunteers, and Subcontracted Personnel,as applicable. In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared(CEO/Executive Director) Authorized Provider Representative of City of Miami Beach,who being by me first duly sworn, deposes and says: p Y 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 , 20_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: i City of Miami Beach Page 57 of 57 Contract#1576-1090,Resolution#2014-42 i . .�.o�.