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Contract with The Children's Trust `® The Children'sTrust Officers/Executive Committee September 19, 2014 Maria A. Alonso Chair Chet Zerlin Maria Ruiz Vice Chair City of Miami Beach William Diggs Secretary 1700 Convention Center Drive Hon. Isaac Salver Miami Beach, FL 33139 Treasurer Dr. William E. Pelham, Co-Chair Re: Service Partnership Programs/Health Contract No. 1579-1090 Lily de Moya, Co-Chair Programs/Health Laurie W. Nuell, Chair Human Resources Dear Ms. Ruiz: Dr. Miguel Balsera, At-Large The Board of Directors Enclosed for your records is an original of the executed Donald I. Bierman contract for City of Miami Beach. Kadie R. Black Alberto M. Carvalho Should you have questions or need additional information Susie V. Castillo ar re g din this matter, please call me at 305-571-5700 or via Bryan Cuadra g Rep. Manny Diaz Jr. email at john @thechildrenstrust.org. Gilda Ferradaz Terria Flakes Dr. Thresia B. Gambon Thomas V. Gammon S ce ely, Joseph Gebara Claudia Grillo Dr. Nora Hernandez-Hendrix Nelson Hincapie Inson Kim Jo Ise Marissa Leichter Dr. Rosa Martin C ntract Manager Roymi Membiela Dr. Susan Neimand Trudy Novicki Hon. Orlando A. Prescott Manoucheka Thermitus Evelio Torres Com. Juan Zapata David Lawrence Jr. Founding Chair Charles M. Auslander President&CEO County Attorney's Office Legal Counsel 3150 SW 3rd Avenue, 8th Floor, Miami, Florida 33129 • Tel: 305-571-5700/ Fax: 305-857-9592• www.thechildrenstrust.org FY 2014-2015 CONTRACT NO.1579-1090 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI BEACH FOR Service Partnership THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3►d 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. %'i1 14 !2!7*6At4 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 65 Contract#1579-1090,Resolution#2014-41 D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $425,000, 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 65 Contract#1579-1090,Resolution#2014-41 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 days of its execution. All sub-contracts with Provider must be executed within 90 days of Provider's execution date. All subcontractors must agree to be monitored by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. Provider shall be solely liable for any expenses or liabilities incurred under any subcontract. Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or actions related to any subcontract. The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any subcontractor must be currently qualified to 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 65 Contract#1579-1090,Resolution#201441 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 65 Contract#1579-1090,Resolution#2014-41 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 65 Contract#1579-1090,Resolution#2014-41 1 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 65 Contract#1579-1090,Resolution#2014-41 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 65 Contract#1579-1090,Resolution#2014-41 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 65 Contract#1579-1090,Resolution#2014-41 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 65 Contract#1579-1090,Resolution#2014-41 ■ 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 65 Contract#1579-1090,Resolution#2014-41 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.ora. 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 65 Contract#1579-1090,Resolution#2014-41 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.ora 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 119.071(5), The Children's Trust collects the last four digits of social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); 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 65 Contract#1579-1090,Resolution#2014-41 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 PII from unauthorized access and protection against data breaches and ensures Provider is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of PII on Provider's computing network and as paper records. This policy shall address the topics of computer passwords, screensavers that lock computers, securing physical facilities, storing data, data use, data confidentiality agreements, and staff training related to the policy. Additionally, Provider is responsible for approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider 13. Withholding of Payment At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of contractual terms. The Children's Trust will provide payment upon satisfactory compliance with the contractual terms as solely determined by The Children's Trust. City of Miami Beach Page 13 of 65 Contract#1579-1090,Resolution#2014-41 P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW& VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Contract. For purposes of this section, the term "direct service provider" means a person 18 years of age or older, including a volunteer, who provides services to children, youth and their families. The term does not include volunteers who assist on an intermittent basis for less than 20 hours per month. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, and subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and sub-contractors files. Provider shall re-screen each employee,volunteer and/or subcontractor every five years. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. 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 65 Contract#1579-1090,Resolution#2014-41 Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 1 1 A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations;Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation;the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended,which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit 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.pdf for the Code of Ethics Ordinance). 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including: • Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. City of Miami Beach Page 15 of 65 Contract#1579-1090,Resolution#2014-41 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 65 Contract#1579-1090,Resolution#2014-41 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 las vidas de ninos y familias en el Condado de Miami-Dade. City of Miami Beach Page 17 of 65 Contract#1579-1090,Resolution#2014-41 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 - City of Miami Beach Page 18 of 65 Contract#1579-1090,Resolution#2014-41 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 BEACH THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA By: by: " (Sign Lure o -)Authorized Representative) (Signature) Ji y L. Morales Charles M. Auslander (Ty e/Print Name) City Manager President and CEO (Type/Print Title) Date: Date - Provider Federal ID#596000372 Approved as to1I`QrrV and legal sufficiency Date: County Attorn y This contract is not valid until signed by both parties. APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION ' LLe City Attorney 7*r City of Miami Beach Page 19 of 65 Contract#1579-1090,Resolution#2014-41 Attachment ..J City of Miami Beach Page 20 of 65 Contract#1579-1090,Resolution#2014-41 Attachment A Service Partnerships Agency name: City of Miami Beach Neighborhood: Miami Beach Program name:Success University 1. DESCRIPTION OF SERVICES (Include overall intention of program, outline of program activities, target population to be served, implementation of EBP, and partners if applicable): Miami Beach Service Partnership is a place-based coalition of human service providers working collaboratively to provide coordinated services to families and the community where children are at risk of child maltreatment, chronic absenteeism, or display disruptive behavior in school or in the community. Service Partnerships also provide community engagement activities that encourage dialogue and subsequent action on issues faced by the community. Success University is an integrated Care Coordination-based human services program that partners with a variety of organizations to provide holistic, comprehensive services to Miami Beach children and their families.The program provides children and youth with personal and academic supports while providing their families with holistic, comprehensive services to ensure family stability and child success.Service components include: Family Assessments, Care Coordination, Family Group Conferencing, Employment Services, Mental Health Services, Credit Repair Services,Suspension Diversion Services, Tutoring services, and targeted referrals to community-based services not available within the Partnership. 2. TARGET POPULATION OR PARTICIPANTS Eligibility will be determined through a standard screening and assessment that incorporates geographic area and significant risk factors. (Include numbers in tables below). Attendance-based activities (Type A) are intensive services activities in which participants are intended to receive generally three or more contacts.Attendance-Based activities are usually central to program F implementation.The table reflects the unduplicated number of participants to be served and the number of required sessions each participant should attend for the program to have an impact. Group activities (Type G) are less intensive services,events which participants attend one or two times.These activities are generally intended to serve as enhancements to other core program activities.The table reflects the total number of participants across all events and the total number of events that will be offered. Participants - Attendance-Based Number of Unduplicated Participants Parents/Caregivers 180 Total Children/Youth 197 Estimated Children Ages 0 to 5 (from the total# of Children/Youth) 11 Estimated Children Ages 6 to 12 (from the total# of Children/Youth) 93 Estimated Youth Ages 13 to 18 (22 if CWD) (from the total# of 93 Children/Youth) Estimated Children With Disabilities (from the total# of 16 Children/Youth) Other Adults (i.e., staff/professionals/mentors) 0 City of Miami Beach Page 21 of 65 Contract#1579-1090,Resolution#2014-41 Participants-Group Activities = Number of Participants Parents/Caregivers 50 Total Children/Youth 50 Other Adults (i.e., staff/professionals/mentors) 1 40 The Majority of participants served must reside within the following neighborhood,zip code or attend the listed school. Geographic areas to be served (Neighborhoods, Zip codes, Schools) 33139,33140,33141,33154 Children attending schools in the Miami Beach Senior High School feeder pattern:South Pointe ES, Fienberg-Fisher K- 8 Center, Nautilus Middle School, Miami Beach Senior High School, North Beach ES,Treasure Island ES,or Biscayne ES and children attending day care facilities located in the geographic area specified above. SERVICE LOCATIONS Include the sites providing Type A activities (intensive services) within partnership and the number of participants estimated to be served at each of these sites.The total numbers below may not add up to the total numbers of Type A participants in the Target Population Attendance table above due to participant duplication. Site Name Street Address City Zip Code #Children #CWD #Parents # Other Client Homes (Functional Various Locations Miami 33139 20 5 0 0 Family Therapy) Beach 33140 33141 33154 Jewish Community Services 300 West 41St Street # 216 Miami 33140 8 1 1 0 (Mental Health Services) Beach Families/ cases Client Homes (Mental Various locations Miami 33139 8 1 1 0 Health Services) Beach 33140 Families/ 33141 cases 33154 Client Homes (Care Various locations Miami 33139 163 17 163 0 Coordination) Beach 33140 Families/ 33141 cases 33154 Biscayne Elementary School 800 77th Street Miami 33141 N/A N/A 72 N/A (Family Group Conference) Beach Families/ cases Client Homes (Academic Various locations Miami 33139 28 7 0 0 Support) Beach 33140 33141 33154 Public Spaces, City of Various locations Miami 33141 13 1 0 0 Miami Beach (Employment Beach Services) City of Miami Beach Page 22 of 65 Contract#1579-1090,Resolution#2014-41 Miami Beach City Hall 1700 Convention Center Miami 33139 N/A N/A 19 N/A (Family Group Conference) Drive Beach Families/ cases North Shore Park &Youth 501 72nd Street Miami 33141 N/A N/A 29 N/A Center (Family Group Beach Families/ Conference) cases Biscayne ES* (Intake) 800 77th Street Miami 33141 0 0 35 0 Beach Families/ cases South Pointe ES* (Intake) 1050 4th Street Miami 33139 0 0 10 0 Beach Families/ cases Fienberg-Fisher K-8 Center* 1420 Washington Avenue Miami 33139 0 0 27 0 (Intake) Beach Families/ cases Nautilus Middle School* 4301 N.Michigan Avenue Miami 33140 0 0 35 0 (Intake) Beach Families/ cases Miami Beach Senior High 2231 Prairie Avenue Miami 33139 0 0 35 0 School* (Intake) Beach Families/ cases North Beach ES* (Intake) 4100 Prairie Avenue Miami 33140 0 0 10 0 Beach Families/ cases Treasure Island ES* (Intake) 7540 East Treasure Drive North Bay 33141 0 0 10 0 Village Families/ cases Client Homes/Other Various locations Miami 33139 0 0 18 0 locations including City Hall, Beach 33140 Families/ public library, public 33141 cases spaces, Miami Beach Parks* 33154 (Intake) SUBCONTRACTOR/IN-KIND AGENCY(IES) (Provide the agency name, address, contact Information and brief description for those providing in-kind or subcontracted services. Agency-Name Street Address City ' Zip Code In-Kind/ Contact Activity Name Subcontr information actor (I and S) Ayuda, Inc. 7144 Byron Ave. Miami 33141 S Cecilia Deloof Care Coordination Beach (305)864-6885 Abriendo Puertas, Inc. 1401 SW 1 st Street Miami 33135 S J.C.De La Torre Care Coordination (305) 649-6449 ext. 241 Barry University 11300 NE 2nd Avenue Miami 33161 S Silvia Reyes, (305) Care Coordination, Shores 899-3742 Mental Health Services, Home- Based Academic Support Choices,et al, Inc. P.O.Box 645409 Miami 33269 S Cheryl Polite- Family Group Eaford, (305)332- Conferencing, 2074 Suspension Diversion City of Miami Beach Page 23 of 65 Contract#1579-1090,Resolution#2014-41 Get Credit Healthy, 25 SE 2nd Ave.Suite Miami 33131 S Elizabeth Credit repair& Inc. 828 Karwowski, (877) education services 850-3444 ext. 106 Institute for Child& 430 West 66th St. Hialeah 33012 S Terri Galindo, (305) Functional Family Family Health,Inc 1 685-8245 x1027 Therapy Open Arms 5840 SW 8 ST,Suite#3 West Miami 33144 -S Maria Yaya (305) Care Coordination Community Center, 263-3259 Inc. Switchboard of 190 NE 3rd Street Miami 33132 S Nathan Gomez, Care Coordination, Miami, Inc. (305)358-1640 Family Group Conferencing Playing the Game 7144 Byron Avenue, Miami 33141 S Jeannette Bianca Care Coordination of Life 2nd Floor Beach Egozi (305)864- 5237 Teen Job Corps, 7356 Gary Avenue Miami 33141 S Deborah Ruggiero Employment Services Inc. Beach (305)868-0635 Jewish Community 735 NE 125th Street North Miami 33161 S Sylvia Goldsmith Care Coordination, Services of South (305)403-6550 Mental Health Florida,Inc Services Miami Beach Chamber of 1920 Meridian Miami 33139 1 Madeleine Chamber Commerce Avenue Beach Romanello (305) representative 282-2133 Madeleine Romanello serves as the Partnership Chair.City staff serves on the Chamber's Education as Business Council. Miami Beach Community 11645 Biscayne North Miami 33181 1 Trudy Edwards MBCHC is the main Health Center,Inc. Boulevard (305)538-8835 Ext. provider of health (MBCHC) Suite 207 (Corporate 1712 services for the office) uninsured and underinsured in Miami Beach. MBCHC pursues grants with Partnership members and has a vested interest in the well- being of the community's children and families. Miami Beach Police 999 11 th Street Miami 33139 1 Arthur Martineau, MBPAL offers multiple Athletic League (MBPAL) Beach (305) 531-5636 youth prevention programs in support of goals which mirror that of the Partnership.MBPAL works closely with the Partnership to ensure appropriate cross-referrals& programmatic impact. City of Miami Beach Page 24 of 65 Contract#1579-1090,Resolution#2014-41 Miami-Dade County Public 1450 N.E.2nd Avenue Miami 33132 1 Lubby Navarro, MDCPS provides Schools Suite 760 (305)995-4240 ongoing program support and guidance,especially for the Suspension Diversion service. Miami-Dade Public 227 22nd Street Miami 33139 1 Jennifer Dewsnap- The MB Regional and Library System Beach Shipley, (305)535- . North Shore Branch 4220 Libraries host community-based outreach events on behalf of the Partnership. The On It 18520 NW 67th Miami 33015 1 Calvetta Phair, The On It Foundation Foundation,Inc. Avenue,Suite 186 (305)244-6454 provides training to children and families; it pursues grants with other Partnership members. Rose Lesniak, Dog Miami 33138 1 Rose Lesniak Rose Lesniak's Trainer LLC leadership development program uses human/canine relationships to strengthen bonds and teach youth new skill sets. CCDH 7990 SW 117 Avenue, Miami 33183 1 Sheena VanDyke, The City hosts Suite 135 (305) 596-1160 trainings on behalf of CCDH and requires all internal and Partner staff to attend at least one raining annually. CCDH assists with the development of Care Plans for children with disabilities,where appropriate. The Village/Miami Beach 400 NE 31 st Street Miami 33137 1 Marina Aviles MBC's prevention Coalition for the Prevention programming shares of Drug and Alcohol Abuse some common goals (MBC) with Success University.It offers free activities in the community 4. PERFORMANCE MEASURES: a. Quantity: "How much will we do?" Attendance-based activities (Type A) are intensive services activities in which participants are intended.to receive generally three or more contacts.Attendance-Based activities are usually central to program implementation.The table reflects the unduplicated number of participants to be served and the number of required sessions each participant should attend for the program to have an impact. For the Intake, Care Coordination, and Family Team Meeting activities, demographics must be entered for all related family members that are actively involved in the activity, but attendance is only to be entered for one target adult in the family. City of Miami Beach Page 25 of 65 Contract#1579-1090,Resolution#2014-41 Group activities (Type G) are less intensive services, events which participants attend one or two times.These activities are generally intended to serve as enhancements to other core program activities.The table reflects the total number of participants across all events and the required sessions are the total number of events that will be offered. Activities/Service.Nome&Description # # 4 # % Activity Responsible (Include frequency,intensity,&duration of sessions, Children Parents Others Required To Meet Type Agency as well cis the number of cycles expected to be / Sessions Required (A or G) offered and tentative schedule) Youth ELIGIBILITY SCREENING Every participant will receive a standard screening to determine Care Coordination eligibility based on risk factors related to absenteeism, maltreatment, and disruptive behavior. Based on degree of concern Not Not Not Not Not yielded by screening,participants will either: tracked tracked tracked tracked tracked N/A N/A A) Be Referred for-services(different from Care Coordination)within or outside the partnership OR B) Be referred for Intake. This activity will not be reported for Trust purposes. INTAKE(Initial Assessment) All participants determined to be eligible for Care Coordination (through the Screening) will receive an Initial Assessment to confirm eligibility.The Assessment will define family strengths and service needs; including the need for Health Insurance and medical home. Based on degree of concern and service needs yielded by the Assessment,participants will either: A) Be referred for services within or outside the 180 City of partnership. N/A families N/A 1 N/A A Miami OR /cases Beach B) Be enrolled in Care Coordination. A comprehensive tool must be used to further assess the risk factors noted in the screening and determine if Care Coordination is needed. Assessment Measure:Family Needs Assessment Freauency:Once Schedule: Rolling Enrollment estimated to begin August 2014. CARE COORDINATION Participating caregiver receives explanation of Care Coordination.The results of the initial assessment and outcome measurement tools will be discussed and additional needs for all family/household members 2 during will be identified. These results and discussion should first 45 Abriendo inform the development of the Care Plan, which 163 Puertas, establishes the framework upon which the family/ families 0 Min. 1 x� 85% A Ayuda, household will achieve its goals. The family's support /cases Min. 1 Barry month system is identified to define opportunities for thereafter University, achievement of the goals established.The Care Plan City of is to be developed in the first session and within 15 Miami days of the assessment. Beach, Switchboar Follow-up sessions must take place at least once a d of Miami, month during Participant enrollment in Carel I Open Arms City of Miami Beach Page 26 of 65 Contract#1579-1090 n#2014-41 ,Resolutio Coordination.Care Coordinator conducts scheduled Community visits/contacts with family;determines if referrals have Center, been successful; reviews and assists the family in Jewish pursuit of its goals in the Care Plan;amends the Care Community Plan as necessary; holds multidisciplinary staffing as Services of necessary. South Florida, When the family and the Care Coordinator Switchboar determine that Care Plan goals have been met and d of Miami, no additional services are needed, the Care Playing the Coordinator will close out the case. Game of Life Freauencv: First session will take place 15 days from the Assessment date.Minimum of 1 session per month thereafter. Intensity: Minimum of 45 minutes. Sessions should exceed the minimum as needed. Duration:Minimum of 4 sessions Schedule:Rolling Enrollment starting August 2014 Referral and follow-up data will be reported for all participants receiving Care Coordination FAMILY TEAM MEETING Family Team Meetings will be strongly encouraged for those families that have complex needs or whose risks present need and whom agree to participate in the process. EBPs to be used include Family Team Conferencing, Family Group Decision Making/Family Group Conferences,and EQUIPO. The Family Group Conference is a client/family driven, strength-based, culturally-competent best practice which allows clients to establish goals on Choices,et their own behalf, thereby taking ownership of the al, process and their future. Invited participants include 120 Switchboar primary caretakers, family members, friends, mentors, N/A families N/A N/A N/A A d of Miami, natural helpers, teachers, neighbors, members of the /cases City of faith-based community,and/or direct service staff,as Miami dictated by the client/family at the time of Beach Assessment. Care Plan and referrals may be reviewed at the FGC;however,the primary outcome is a client-driven FGC Action Plan. EBP: Family Group Conferencing Freauencv:Once Intensity: 120-180 minutes Duration:Once Schedule:Year Round Estimated to begin August 2014.This activity will not be included in performance review evaluations. SERVICE PARTNERSHIP MEETINGS The lead agency will coordinate regular partnership meetings with the purpose of supporting the development and sustainability of the Partnership. City of 0 0 12 N/A N/A G Miami These meetings will include activities guided towards Beach generating the deliverables identified in the Quality and Outcomes Tables below. Towards this end the Partnership will utilize the results City of Miami Beach Page 27 of 65 Contract#1579-1090,Resolution#2014-41 from the Partnership Self-Assessment Tool completed the previous contract year to create a Partnership development action plan for the current contract year, to be submitted to The Children's Trust by November 17,2014. Other activities may include the creation of an asset map and contact database of all services in the target neighborhood; making personal appointments and attending community meetings to identify key leaders and programs; Convene aforementioned key leaders that extend beyond Service Partnership to introduce partnership, assess "community needs" in conjunction with Care Coordination assessed needs of clients, and create a possible action plan around issues that can be addressed. Frequency:Monthly Intensity:Minimum of 2 hours Duration: 12 months (12 meetings) Schedule:Year round COMMUNITY ENGAGEMENT Effective community engagement consists of more than outreach efforts,which may imply activities that merely disseminate information or build awareness on topical concerns.Instead,the emphasis is on activities that will engage community members in ongoing and regular dialogue and discussion about community concerns and the development of solutions for them. Such activities may include a collaborative effort between the Service Partnership and community members to develop proposals for neighborhood improvements related to child and family well-being, or to address concerns to governmental and other institutions that provide services to families,promote positive opportunities for early learning,literacy, parenting and youth development,or to prevent City of drug and tobacco use,by way of example only. Miami Beach in Community engagement may include events,but as 50 50 40 N/A N/A G collaboratio part of a broader design to engage community n with all members. Partner agencies Activity#1:Family Service Day is a community engagement event designed to galvanize members of the Miami Beach community in a call for public service.Multiple targeted volunteer projects take place,including environmental preservation, intergenerational relationship building,public school improvement projects,community beautification projects,and more.A specific area of the park is designated for a community services fair,where members of the partnership and other organizations offering free services to the community set up information booths.All of-the presenters are asked to follow one of the event themes:literacy or attendance.We also spotlight the Attendance Awareness Month and the Miami-Dade Public Library at individual booths in the most prominent locations in the park.Volunteers are provided with breakfast, lunch and souvenirs. City of Miami Beach Page 28 of 65 Contract#1579-1090,Resolution#2014-41 The purposes of this event are to:increase community involvement;increase voluntarism; strengthen family ties to the community;provide a forum for residents within which they are encouraged to provide feedback to service providers;promote Attendance Awareness Month;promote literacy to the entire community;raise the visibility of Miami- Dade Public Library System and local Miami Beach library branches;inform the community about the Partnership,its members,and the resources available via Success University and other Partner agency programs.The event is scheduled for Saturday,Sept. 27,2014 and will be held at North Shore Open Space Park. Freauencv:Once per contract year Intensity:Minimum of 2 hours Duration: 1 event Schedule:year round SCHOOL DAY-SUSPENSION ALTERNATIVE The Suspension Diversion (SD) activity is triggered by referral from Nautilus Middle School, Fienberg-Fisher K-8 Center, or Miami Beach Senior High School. Students experiencing infractions which typically result in outdoor suspensions may attend the SD program in lieu of incurring outdoor suspensions on their records. Parent provides consent & agrees to program terms.Students attend the SD program daily until the conclusion of their suspension term. The Suspension Diversion Teacher requests classroom assignments from school staff. Students are also asked to bring their class work. If specific assignments are not obtained, students will work on general academic goals, such as reading comprehension and mathematics computation. To address behavior modification, Restorative Justice Facilitators (RJF) foster awareness of the following goals: accountability; community/school safety; and A City of competency development. Using a strength-based 50 0 0 1 100% Miami approach, the RJF elicits goals from the student Beach, which address him/herself and those harmed by their Choices,et actions that resulted in their suspension from school. al Restorative Justice is an EVP, awarded endorsement by the US OJJDP. As part of behavior modification services, staff may conduct psychosocial groups, provide individual counseling, and/or refer students to additional services. EBP:Restorative Justice Freauencv:Daily Intensity:6 hours Duration: 1-10 days Schedule: School Year estimated to begin September 2014. City of Miami Beach Page 29 of 65 Contract#1579-1090,Resolution#2014-41 JOB TRAINING/PLACEMENT Services are provided on an ad hoc basis and are contingent upon needs identified through Care Plans. Provided to youth and/or family members who are authorized to work legally in the US, whose families are in need of additional income, and who are not able to find unsubsidized employment. Provider supervises youth at all times. Participants conduct community service- type activities such as beach clean-up, waterway restoration, graffiti removal, and event support. Each session begins with a 15-30 minute Employability Skills training session focusing on such topics as the importance of post- secondary education, appropriate attire, resume writing, interview skills, business etiquette, etc. Provider may opt to place youth in a suitable 14 0 0 30 85% A Teen Job employment environment outside the normal Corps,Inc. location of services. For secondary placement,youth must show strong work skills and supervisor must be background screened. Employment Services for youth are contingent upon students providing documentation of school attendance and/or absence of incidence of disruptive behavior to supervisor. Employment Services are temporary and are limited to no more than 66 hours per person, per contract year. Frequency:2 times per week Intensity:2 hours per session Duration: 15 weeks Schedule: Rolling Enrollment Sessions begin in November 2014 and continue on a rolling basis BEHAVIORAL/MENTAL HEATH INTERVENTION Mental Health Assessments are provided to determine clients' need for mental health services and develop a treatment plan. Master's level and higher Mental Health Practitioners conduct services. Conducted in accordance with provider's internal policies and procedures referencing mental health assessments. Jewish Mental Health services are provided for 16 youth, Community family members, parents, or families without access Services of to mental health services (such as those without legal South status or insurance) and showing great need.Twelve 18 2 0 12 85% A Florida,Inc, therapeutic counseling sessions will be provided for Barry each youth/family and sessions are to take place in University the client home and/or other location sites as determined by the family. Freauency: 1 time per week Intensity:Minimum of 1 hour per session Duration:4 months Schedule: Rolling Enrollment estimated to begin September 2014. FAMILY COUNSELING Institute for Functional Family Therapy(FFT) 25 0 0 8 85% A Child&Family FFT is an evidence-based, outcome-driven Health revention intervention treatment program for youth, City of Miami Beach Page 30 of 65 Contract#1579-1090,Resolution#2014-41 who have demonstrated maladaptive, acting out behaviors and related syndromes. Each family receives the following services: 1. An intake/assessment session 2. 8-12 1.5 hour therapy sessions 3. A discharge/assessment session including referrals for additional services,as indicated Average number of sessions:8-12,determined by the needs of the family.During the therapy sessions, families progress through all three phases of treatment which includes:Engagement/Motivation, Behavior Change,and.Generalization EBP: Functional Family Therapy Frequency: 1 time per week Intensity: 1.5 hours Duration:6 months Schedule: Rolling enrollment Estimated to begin September 2014. TUTORING Children performing below grade level or referred by a teacher or administrator in their school are eligible to receive private academic support. Services focus on teaching the child and parent effective study skills and appropriate behaviors to support educational success so they may become academically self- sufficient. Staff will reinforce the importance of Barry regular, punctual attendance at every encounter. 35 0 0 8 85% A University Services are provided by Barry University students seeking Master's level degrees and higher. Freauency:One time per week Intensity:90 minutes per session Duration: 10 weeks Schedule: Rolling Enrollment estimated to begin September 2014. b. Quality -"How well will we do It?" Description of the required program Quality measures.'To be reviewed during the on-site monitoring. Quality Measure Measurement and Reporting Tool Timing g ,Satisfaction Survey) (e,g.,:.After ._ ti (e completion of XX ac 'vity) Average number of sessions attended Electronic Data Reporting Monthly (Participant engagement) System # and%of participants who meet or exceed the Electronic Data Reporting Monthly required number of sessions (Participant System retention) #/%of children/Youth with health insurance Electronic Data Reporting Monthly System #/%of children/Youth with a medical home Electronic Data Reporting Monthly System # and%of parents/caregivers and Satisfaction Survey At program completion children/youth satisfied with services provided Observation of service delivery/ Fidelity checklist Fidelity checklist for Care Once for each agency Coordination services providing Care Coordination City of Miami Beach Page 31 of 65 Contract#1579-1090,Resolution#2014-41 Documentation of structured supervision Sign-in sheets Supervision of front-line staff: Quarterly Staff Development Supervision of City Staff: Monthly Program Coordinator meetings. Documentation reviewed at On-site monitoring # and%of staff with necessary HR Records Annually at start of program training/certification and follow-up with any staff changes Completed deliverables from the formation Member roster,ground rules or meeting Ongoing stage of the partnership etiquette,membership agreements, mission statement,coalition goals and objectives,implementation plan Continuous reporting of deliverables Meeting minutes and attendance Ongoing achievements from the implementation stage of records,management structure or the partnership organizational chart,by-laws or operating procedures,steering committee and workgroup rosters, community assessment data,action plan,budget Continuous reporting of deliverables Meeting minutes and attendance Ongoing achievement from the maintenance or records.Revised bi-laws or operating sustainability stage of the partnership procedures,revised structures or organizational chart,revised action plan,new issues goals and objectives. Products from projects,primary outcome achieved. # /%of partners reporting effective Partnership Self-Assessment Tool; Annually collaboration Partnership Development Action Plan November 17th c.Outcomes -Measuring"is anyone better off?" Outcome's = Data Source/Measurement-Tool(s). Timing Associated Describe Meaningful improvement (when will tools be Activity(ies) collected) Parents/caregivers will Parental Stress Scale(PSS) Pre-test should be Care decrease stress related to administered by the 2nd Coordination parenting . # of items: 18 Care Coordination session. Scoring:Sum with Items 1,2,5, 6, required outcome 7,8, 17,and 18 reverse scored. Post-test should be Range: 18-90 (higher scores administered during the indicate greater difficulty) closing session. Parents/caregivers will report Strengths and Difficulties Pre-test should be Care a decrease in their child's Questionnaire(SDQ) administered by the 2nd Coordination problem behavior Care Coordination session. # items:20 required outcome • Scoring:Sum of scores in all of Post-test should be the items of the 4 scales administered during the (Emotional Symptoms Scale; closing session. Conduct Problems Scale; Hyperactivity Scale; Peer Problems Scale) Ran e:0-40 hi her scores City of Miami Beach Page 32 of 65 Contract#1579-1090,Resolution#2014-41 indicate greater difficulty) Meaningful Improvement: Post-test score must be below 17. Parents/caregivers will Adult Adolescent Parenting Inventory Pre-test should be Care increase positive parent/child (AAPI):Constructs B through E administered by the 2nd Coordination or family interactions. Care Coordination session. # items:33 The AAPI will be required from • Scoring:Sten Scores Post-test should be at least 10%of the families • Range: 1 (highest risk of abusive administered during the served through Care parenting behaviors) to 10 (lowest closing session. Coordination within first 4 (sk) for each construct. months of the contract year Meaningful Improvement:Measured for a pilot testing of the by a Post-test Sten score of 5 or higher outcome/measure. on each of the constructs (out of the high risk category) OR a Post-test score of 5 or higher on Construct B and An increase of 1 point in 2 of the 3 other constructs from Pre-to Post-test. THESE OUTCOMES WILL NOT BE INCLUDEDED IN THE PERFORMANCE REVIEWS Child/Youth does not fail any School Report Card**:Grades for Data will be Care core courses (English, math, English,Math,Science and Social collected/reported One- Coordination science, social studies) Studies time,at the end of the Scoring:Grade A-F in each of the four school year. core courses. Meaningful improvement: All four grades should be higher than F by the end of the school year. Children/youth will not be School Records** Pre-test data based on the Care suspended after receiving Scoring:Total # of outdoor/indoor latest school year records Coordination services. suspensions from school. to be reported at enrollment. Meaningful Improvement: If 2013-14 Mid-Test data based on school records were used as a Pre- school records at the time test, Post-test should be equal to 0 of closing (zero). If 2014-15 school records were used as Post-test data based on a Pre-test, Post-test should be equal end of school year records to Pre-test. and reported in July Children/youth will improve School Report Cards/Records** Pre-test data based on the Care school attendance rate. latest school year records Coordination Scoring:Attendance Rate.% (Number to be reported at of days absent by the student divided enrollment. by the total number of school days offered). Post-test data based on end of school year records Benchmarks I Definition and reported in July City of Miami Beach Page 33 of 65 Contract#1579-1090,Resolution#2014-41 No risk Absent 0-5%of days in the school year At risk Absent 6-10%of days in the school year High Absent 1 1-20%or Risk/Chronic more days in the Absence school year Severe Absent 21%or Risk/Chronic more days in the Absence school ear Meaningful Improvement: • Participants who are at risk for chronic absenteeism (Absent 67o or more days in the school year) will decrease their risk by one or more benchmarks when comparing Pre-to Post-test. • Participants not at risk (94%or higher attendance) for chronic absenteeism will maintain or improve their Attendance Rate%. *Outcomes do not have target percentages in the second year of this funding cycle,given the shift in the approach to enrollment and implementation of Service Partnerships.-Data collected during the first year and half of the second year of the funding cycle will inform future benchmarks to be applied. **Provider will report school records directly into SAMIS in those circumstances where the provider has FERPA- compliant,direct,access to school records, and will otherwise obtain parental consent in order to comply with FERPA, prior to accessing FERPA-protected school records. 15. EVIDENCE BASED PROGRAMS (EBP) All strategies funded by The Children's Trust should deliver high quality,evidence-based practices that are strength-based,family centered, accessible;respectful of diversity and mindful of community context and connections, or constitute best practices that have been approved by The Children's Trust because when performed with fidelity they should deliver analogously high quality services. Listed are the evidence-based i 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) Family Group Decision Annie E. Casey Foundation Care Coordination Making/Family Group Conferences (FGDM/FGC) Restorative Justice Office of Juvenile Justice Department of Suspension Diversion Prevention (OJJDP) Functional Family Therapy Office of Juvenile Justice Department of Functional Family Therapy Prevention (OJJDP) KSIA_FFAQUALIFICATIONS .—.,�------ .M City of Miami Beach Page 34 of 65 Contract#1579-1090,Resolution#2014-41 Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills,either by training,experience,education,or a combination thereof,to adequately and competently perform the duties,obligations,and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction.All persons delivering the services described herein must be included in the Position Management module of SAMIS. Position Title : `# FT/-PT % -Position Key Qualifications ,Duties Staff Status Effort Type Position (employee for Svcs Prof. (X) services) Program 2 FT 100% Employee X Bachelor's degree or Program supervision,contractor Coordinator greater in Public supervision,staff supervision,program Administration, administration,program operations, Education,Social Suspension Diversion service delivery and Work,or other related client intake/enrollment,records keeping, field and at least three client contact and care coordination, years of experience report preparation,conduct home working within visits/client intake,develop individualized community-based Care Plans,innovate new engagement programs. One and marketing strategies,seek funding year of relevant opportunities,conduct fidelity reviews of experience may be all Partners and Partner staff. substituted for each year of required education,up to two years. Office Associate 1 2 PT 100% Employee X High School Data entry,assistance with client contact Diploma or GED and care coordination,provides client and at least one transportation,conduct client home year of experience visits/intakes,filing and any other working necessary support of program activities. in education, human services, youth programs or related field and bilingual (English/Spanish) or (English/Creole).Valid driver's license. Division Director 1 FT 10% Employee X Graduation from an Oversee Service Partnership operations, accredited college or supervision of Program Coordinators, university with a support Program Coordinators'efforts to Bachelor's or secure and diversify funding of the Master's Degree with Partnership. major course work in public or business administration,social services or other related field. Experience can substitute for education on a year- for-year basis. •Provider is cautioned to review Attachment C to this contract for the terms of programmatic performance and data reporting requirements that must be followed in conjunction with the specific terms applicable to this contract In this Attachment A Scope of Services. City of Miami Beach Page 35 of 65 Contract#1579-1090,Resolution#2014-41 Attachment City of Miami Beach Page 36 of 65 Contract#1579-1090,Resolution#2014-41 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 Rel2ort 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 37 of 65 Contract#1579-1090,Resolution#2014-41 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 Requirements 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 paid funds,which are not in accordance with this 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 38 of 65 Contract#1579-1090,Resolution#2014-41 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 39 of 65 Contract#1579-1090,Resolution#2014-41 Budget Summary Report City of Miami Beach-SPP XX79-1090 City of Miami Beach Success University Fiscal Year 14-15(811/14-7/31/15) Contract#:1579-1090 CSC Program Allocation:$425,000 Budget Status: Submitted Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 142,631 134,924 134,924 521 FICA/MICA 2,070 1,958 1,958 522 Retirement Contributions 6,261 5,798 5,798 523 Life and Health Insurance 13,909 13,290 13,290 524 Workers Compensation 428 405 405 525 Unemployment Compensation 0 0 0 Salary Totals: 165,299 156,375 156,375 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 0 0 0 532 Travel(participants) 7,632 6,784 6,784 533 Meals(participants) 4,813 4,813 4,813 534 Space 25,042 0 0 535 Utilities 10,076 204 204 536 Supplies(office) 2,460 2,460 2,460 537 Supplies(program) 10,000 10,000 10,000 540 Non-Capital Equipment 500 500 500 550 Capital Equipment 0 0 0 591 Indirect Cost 0 0 0 611 Subcontractor 187,129 179,853 179,853 711 Professional Services(instructors) 22,929 22,929 22,929 721 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) 30,664 30,664 30,664 811 Other(advertising) 0 0 0 821 Other(background screening) 150 0 0 831 Other(admission to field trips) 0 0 0 891 Other(other) 18,850 8,850 8,850 529 Fringe Benefits(other) 0 0 0 841 Program Specific Audit 7,007 1,568 1,568 Expense Totals: 327,252 268,625 268,625 City of Miami Beach Page 40 of 65 Contract#1579-1090,Resolution#2014-41 Salary and Expense Totals: 492,551 425,000 425,000 Program Funders Summary Funders FunderType Funder Total Comment In-Kind Contributions In-Kind Contributions(Summary) 67,551 In-kind contributions include salaries,benefits,direct services, audit contributions,additional funding streams for services,space, utilities,and more. 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S N o ma d m N m N Im b w N 1 to Im m m Q � O d d in to m m d E a a cm N �d N b Of t 0 N m go m a 'cri O O In CD N G CD fG co m V N LO N m a V 0 E E a a In g N 10 to 10 10 N m N m a CO CO) V V c 'C O O r O C O_ O H 0) cc O 1n 41 ts m a C.)L) LU C co 0 0 C m � co ,o n d _o m ¢ W (% Attachment City of Miami Beach Page 56 of 65 Contract#1579-1090,Resolution#2014-41 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. Failure to meet the minimum standards for .performance will constitute a breach of contract. The Children's Trust reserves the right in its sole discretion to determine remedies for such breach, including, without limitation, terminating a contract, reducing funding commensurate with below-minimum performance, or imposing other remedies on providers performing below any minimum standard, or requiring "performance improvement plans." ACTIVITIES • Attendance-based activities are ongoing service activities in which participants are intended generally to receive three or more contacts, and include the core program activities. Provider will report: Demographics of individual participants within seven (7) days of program enrollment and specific dates of contact. Demographics shall be updated regularly when new information is collected (e.g., new address,grade level). • Group activities are less intensive service events that participants attend one or two times, and generally are activities intended to serve as enhancements to other core program activities. Provider will report: Date of event/activity, number of participants served by type (child, parent or other), and select the location of event/activity. PARTICIPANTS Demographic information required for primary CHILD/YOUTH participants in attendance-based activities: • Participant's Name (last, first, middle initial) • Parent's Name (last,first, middle initial) • Street Address, City,and Zip Code • Parent/Guardian Primary Phone # and Email • Gender (male,female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander,White, Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Last 4 digits ONLY of Child's Social Security# • Child's Miami-Dade County Public Schools ID Number • Current Grade Level • Current School Name • Does child have Health Insurance? (yes/no) • Does child have a Documented Disability? (yes/no) • If disabled, what type? (Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment (or blind), Other) • Documentation of Disability (Individualized Family Service Plan; Individualized Education Plan; Section 504 Plan; diagnosis from a medical doctor, state certified, registered, or licensed professional; and/or 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 57 of 65 Contract#1579-1090,Resolution#2014-41 • 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. n to be obtained for all CHILD artici ants and included in the artici ant files if Other information P P p p 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 (Ame(can 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. City of Miami Beach Page 58 of 65 Contract#1579-1090,Resolution#2014-41 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 59 of 65 Contract#1579-1090,Resolution#2014-41 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 (httr)://ccdh.oro/act/about act/I. 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.ora/iniurv-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 I SCHEDULE OF REPORTING DEADLINES Required Report Reporting ; Due Date I Fre uen&j j Outcomes Measurement and ! By 15th of each month for the previous � Results electronic submission via Ongoin g web-based reporting system) j month Demographics, Attendance, and other quantity data (electronic By 15th of each month for the previous submission via web-based Ongoing month reporting system) Quarterly Program Narrative For August,September and October- Report (electronic submission via Quarterly DUE NOVEMBER 17,2014 web-based reporting system) 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 *If the due date falls on a weekend/holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI Provider shall create and/or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information to facilitate referrals for the duration of this contract term. Evidence 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). City of Miami Beach Page 60 of 65 Contract#1579-1090,Resolution#2014-41 . Atta , .men F 71 .. .. } City of Miami-Beach -­°.Page 61.of 65 Contract#1579-1090,Resolution#2014-41 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 Program 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 62 of 65 Contract#1579-1090,Resolution#2014-41 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 It must be City of Miami Beach Page 63 of 65 Contract#1579-1090,Resolution#2014-41 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 64 of 65 Contract#1579-1090,Resolution#201441 : :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 1;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,.p.unishable by.a definite Germ.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 authorit ,personal) q eared CEO/Executive Director) g y Y PP 1 Authorized Provider Representative of'City of Miami.Beach,who being by me first.duly..sworn;'deposes and says:. Name.:;of Contracted Provider: (Signature of CEO/Executive Director/HR'Director) Date 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,"Qn ``. 1012.465 Florida'Statutes;'as applicable,°for all personnel;having•direct.contact w.ith,children. ; Sworn to and subscribed before me at Miami-Dade County, Florida this_day of .20 by ql Who is personally known to me Who produced identification Type of identification Signature of,-Nota.ry:,Public. . State.of.-Flo6da..at:Large...: Print, type or stamp name of notary public ........ . My Commission;Expires: City of Miami Beach : Page,65 of 65 Contract#1579-1090,Resolution#2014-41