Loading...
PSA with Get Credit Healthy Inc. 710 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GET CREDIT HEALTHY INC. FOR CHILD AND FAMILY SERVICES, PURSUANT TO THE CITY'S SERVICE PARTNERSHIP INITIATIVE This Professional Services Agreement ("Agreement") is hereby entered into this 1st day of August, 2014 (effective date: ZL day of 2014), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and GET CREDIT HEALTHY INC, a Florida corporation, whose address is 25 SE 2nd Avenue, Suite 828, Miami, Florida 33131 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 In consideration of the Fee to be paid to Consultant by the City and in accordance with The Children's Trust Miami Beach Service Partnership Grant, dated August 1, 2014, Consultant shall provide the following work and services, which are further described in Exhibit "A" hereto (the "Services"). • Credit Assessment services for up to ten (10) clients; • Healthy Credit Contact services for up to ten (10) clients; and • Healthy Credit Certification services for up to ten (10) clients. The scope of work to be performed by Consultant is further detailed in Exhibit "A," entitled "Scope of Services." The Consultant shall report to the City of Miami Beach, Office of Housing & Community Services, Department Director. 1 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit 'A" entitled "Scope of Services." hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall terminate on July 31, 2015, with zero renewal options. All Services to be rendered shall be completed no later than July 31, 2015. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, the amount of which shall not exceed the maximum allowable sum of Three Thousand Two Hundred Seventy Five Dollars ($3,275). 4.2 Consultant shall be compensated for the Services, as set forth in Section 2 and Exhibit A of this Agreement, as follows: a) Provision of Credit Assessment services for up to ten (10) clients at One Hundred Sixty-Three Dollars and Seventy-Five Cents ($163.75) per each Credit Assessment for a maximum not to exceed One Thousand Six Hundred Thirty Seven Dollars and Fifty Cents ($1,637.50); b) Provision of Healthy Credit Contact services for up to ten (10) clients at Eighty-One Dollars and Eighty-Eight Cents ($81.88) per each Healthy Credit Contact for a maximum not to exceed Eight Hundred Eighteen Dollars and Eighty Cents ($818.80); and ° c) Provision of Healthy Credit Certification services for up to ten (10) clients at Eighty- One Dollars and Eighty-Seven Cents ($81.87) per each Healthy Credit Certification for a maximum not to exceed Eight Hundred Eighteen Dollars and Seventy Cents ($818.70). Notwithstanding the preceding, Consultant's total compensation during the Term of this Agreement shall not exceed the maximum allowable sum of Three Thousand Two Hundred Seventy Five Dollars ($3,275). Consultant's compensation shall be further subject to and conditioned upon all or any portion of the Services to be provided herein being allowable and within the Scope of Services delineated in Exhibit"A". 4.3 All payments shall be made after delivery of services and in response to monthly invoices. Payments shall be made within thirty (30) days of the date of invoice, in a manner satisfactory to and as approved and received by the City Manager and/or his designee, who shall be the Department Director, Office of Housing and Community Services. 2 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Consultant shall submit monthly Reimbursement Requests, Monthly Service Summary Reports, and accompanying Monthly Client Status Lists, as set forth in Exhibit "B", which include an itemized, detailed description of the Services, or portions thereof, which Consultant has provided (including the names of the clients served and dates of service provision), including the cost(s) of the Services, or portions thereof. Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Maria Ruiz, Department Director Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, Florida, 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION, FOLLOWING WHICH THE 3 CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall not commence any work and/or Services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been reviewed and approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement the following insurance: 1. Comprehensive General Liability insurance, to include sexual molestation, in the amount of $1,000,000. The City of Miami Beach must be designated and shown as an additional insured and the certificate holder with respect 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. 2. Professional Liability insurance, with coverage amounts 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 City of Miami Beach is not required to be named as an Additional Insured. Professional liability insurance is generally 4 required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation, or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. \The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the 5 performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, ancestry, sex, place of birth, physical handicap, gender identity, sexual orientation, disability, marital and familial status, or age. 6 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, Consultant shall not knowingly employ any person, having such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Get Credit Healthy Inc. Attn: Elizabeth Karwowski, President 25 SE 2nd Avenue, Suite 828 Miami, Florida 33131 (877) 850-3444 TO CITY: City of Miami Beach Office of Housing and Community Services Attn: Maria Ruiz, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7491 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. 7 SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 8 Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 12.5 BACKGROUND SCREENING In accordance with Sections 39.001, 943.0542, 984.01, and 1012.465, and Chapters 402, 430, and 435, 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" for each 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. 12.6 ACCESS TO RECORDS Consultant agrees to allow access during normal business hours to all records including, without limitation, Consultant's financial records, to the City and/or its authorized representatives, and agrees to provide such assistance as may be necessary to facilitate audit by the City and/or its representatives, when and as the City Manager, in his sole and reasonable discretion, may deem necessary to ensure compliance with the provisions of this Agreement including, without limitation, as they pertain to any financial audits (with applicable accounting and financial standards). Consultant shall allow access during normal business hours to any and all records, forms, files, and documents which have been generated in performance of this Agreement, by the City and/or its authorized representatives. 9 12.7 DATA SECURITY OBLIGATION Consultant shall maintain an appropriate level of data security for the personally identifiable information (PII) Consultant is collecting or using in the performance of this Contract. PH is information that can uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify individuals. Consultant shall maintain and adhere to a written Data Security Policy that addresses requirements regarding the protection of PH from unauthorized access and protection against data breaches and ensures Consultant is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of PH on Consultant'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, Consultant is responsible for approving and tracking all Consultant employees who request system or information access and ensuring that user access has been removed from all terminated employees of Consultant. All employees and independent contractors performing work or duties related to this Contract will sign a Data Confidentiality Agreement prior to beginning work related to this Contract. Consultant must also abide by all requirements to protect client protected personally identifiable information (PPII). 12.8 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 12.9 AUDIT AND INSPECTIONS Upon 24-hour's written notice, the City Manager (on behalf of the City) and/or such authorized representatives as the City Manager may deem to act on the City's behalf, may, during Consultant's normal business hours, audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and any and all other data and/or records and/or documents relating to all matters covered by this Agreement. Consultant shall maintain any and all such records, as necessary to document compliance with the provisions of this Agreement, at its place of business at the address set forth in the "Notices" section of this Agreement. Consultant agrees to submit its agency financial audit to the City within 30 days of completion, at least once during the Contract period. 12.10 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data, and findings, shall be made available in perpetuity to the City, for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rofael Granado Jim y L. M rates City Clerk City anager Date: Date: Zo N nnr 0021)- FOR CONSUL ,AIL :• �' -� GET CREDIT HEALTHY INC. ATTEST: Print Name /Title Print Name/Title Date: ° Date: It APPROVED AS TO FORM & LANGUAGE & FOR EX CUTION ity Attorney Date 11 EXHIBIT "A" "SCOPE OF SERVICES" The Consultant agrees to provide the following services to youth enrolled in the City of Miami Beach Success University program: Service Units Documentation of of Service Credit Assessment 10 Completion and execution of the following documents: ® Success University Attendance Form signed by all attendees Optional: • Service Evaluation Form completed by client(s) Client case notes Healthy Credit Contact 10 1 Success University Attendance Form signed by all attendees i Optional: • Service Evaluation Form completed by client(s) • Client case notes Healthy Credit 10 I • Success University Attendance Form signed by all Certification attendees i i Optional: • Service Evaluation Form completed by client(s) • Client case notes Related Definitions: Credit Coaching Services — Credit Coaching Services are completed by the Consultant's staff in accordance with their policies and procedures. Credit Coaching Services and the information discussed therein remain private, unless the Consultant deems specific information to be relevant and/or important for the City's provision of other services or if information compiled while providing Credit Coaching Services is deemed to be relevant to the safety of the client or others. Credit Coaching Services are provided by Certified Credit Coaches. Credit Coaching Services are triggered by need as documented by the Care Coordination Plan. Clients in need are those experiencing difficulty obtaining employment or inability to obtain housing, insurance, utility accounts, phone accounts, bank accounts, credit card accounts, vehicle loans, or any other financial opportunity due to poor credit, and/or clients experiencing outstanding invoices which they are unsure how to handle. The Credit Assessment, Healthy Credit Contact, and Healthy Credit Certification all fall under Credit Coaching Services. Credit Assessment—Explanation of how credit score is calculated; pull credit reports; provide letters to dispute items and assist in the submission of dispute letters; educate clients; and develop individualized plan to Get Credit Healthy, which establishes the framework upon which the client will achieve his/her credit goals. 12 Healthy Credit Contact—Credit Coach provides follow up support. Discuss the status of any credit disputes, responses from credit bureaus, and changes to credit status. Answer any questions the client may have. Healthy Credit Certification — Credit Coach confirms all client credit goals were met; summarizes progress; makes final recommendations; reports current credit status; educates on keeping credit healthy. Referrals — Referrals include the identification of a specific client need and the subsequent identification of a community-based resource and/or strategy to address the need. Referrals must be provided for all service needs recognized in the intake and assessment and for client-initiated requests — especially those that influence the primary concern (school attendance, risk of child maltreatment, or prevention of youth violence). Referrals must be issued with the following client-focused interests in mind: • Is the referral appropriate within the scope of Success University? • Does the referral specifically address the need identified? • Can the client access the services being sought via the referral, and did the Consultant give detailed instruction on how to do so? • Is the agency provided in the referral the most accessible, most appropriate provider for the services needed? • Is the referral culturally appropriate? • Does the client consent to receiving the referral? Should the Consultant encounter challenges in meeting the below stated service deliverables within the required timeframes, the Consultant may request an extension. The approval and duration of all extensions are at the sole discretion of the City. Service Deliverables Services must be delivered as follows: Service �Unit of e • Credit Assessment 1 for each of up to 10 Client Home, Miami All eligible Credit children or family Beach City Hall, or Assessments will be members Get Credit Healthy completed within thirty (30) days of referral Healthy Credit Contact 1 for each of up to 10 Phone Call All eligible Healthy children or family Credit Contacts will members be completed within forty (40) days of Credit Assessment Healthy Credit 1 for each of up to 10 Phone Call All eligible Healthy Certification children or family Credit Certifications members will be completed within forty (40) days of Healthy Credit Contact 13 Service Documentation Services will be deemed as provided when the following documentation is provided within the noted timeframes: Sorvice Documehtation Submission - . • Referrals Miami Beach Service Partnership Three (3) business days Referral Form(s) signed by staff and from the identification of receiving client (s). client need Credit Assessment - Attendance Form signed by all in Three (3) business days attendance from provision of service Notification Email, including case notes if applicable. Healthy Credit • Attendance Form signed by all in Three (3) business days Contact attendance from provision of service ® Notification Email, including case notes if applicable. Healthy Credit • Attendance Form signed by all in Three (3) business days Certification attendance from provision of service • Notification Email, including case notes if applicable. Penalties for Failure to Perform If the Consultant fails to submit required, accurate documentation in the timeframe allotted two times, including the absence of notification email, the Consultant will forfeit one (1%) percent of the combined billed total for the months in which inaccuracies took place. If the Consultant fails to submit required, accurate documentation in the timeframe allotted three times within the contract period, the Consultant is subject to the cessation of any further client referrals but will be allowed to complete the service units allotted to existing clients. The decision to cease additional referrals rests at the sole discretion of the City. "Required, accurate documentation" may refer to: • Monthly invoices • Monthly narratives • Monthly client lists • Monthly in-kind hours • Client assessments • Referral forms • Family Group Conference documents • Any documents associated with Care Coordination, including Care Plan Certification forms, Care Plan Contact forms, Care Plan Close Out forms, Attendance forms, Service Evaluation forms, and any other documentation related to this Contract. • Notification Emails If any individual employed by or independently contracted with the Consultant fails to attend a scheduled client meeting without notifying the City of their impending absence more than once, the City reserves the right to remove that individual from the Consultant's staff roster for the purposes of this Contract. 14 If the Consultant is unable to fulfill the contracted service level within the allocated timeframe for each service component, the City reserves the right to reduce service levels accordingly across the funded service spectrum. If the Consultant is unable to fulfill the contracted service level and the City subsequently reduces service and funding levels, the City reserves the right to select another vendor to fulfill the remaining service units. The City will select the alternate vendor at its sole discretion. Engagement Strategies The Consultant will adhere to the following engagement strategies in the delivery of Care Coordination services: • Advise the client and his/her parents and/or guardians of the scheduled appointment for Family Group Conference at the time of the Assessment. • Provide client and his/her parents and/or guardians information regarding the importance of adhering to school attendance policies, if applicable. • Provide client and his/her parents and/or guardians information regarding the Care Coordination process and other available services. • Reintroduce the services available through the Program at each client interaction. • Document every interaction with or on behalf client via Community OS. Employee/ Consultant File Review The following documentation must be included in the employee/contractor file for those employees/contractors providing services under this contract. The following must be included in the employee files: • Employment Application • Evidence of degree/credentials • Job Description Signed by Employee • Evidence of Required Experience • Florida Background Criminal Screening • National FBI Background Criminal Screening (Level2) • Affidavit of Good Moral Character • Proof of Knowledge of Policies & Procedures • Confidentiality Agreement Re: Client Information • Documentation of Agency Training/In-Service Training • Documentation of attendance at one CCDH training • 1-9 Verification on File Monitoring visits will take place within forty-five (45) days of the commencement of services. The City will notify the Consultant a minimum of ten (10) business days' notice prior to a monitoring visit. The City of Miami Beach reserves the right to inspect employee/contractor files with due notice (at least forty-eight (48) hours in advance of planned site visit) to ensure adherence to contractual expectations as well as to ensure pre-screening prior to a monitoring visit by The Children's Trust. i 15 i i I Evaluation In the continuing effort to ensure programming excellence, clients will be provided with evaluation forms at the end of each programming component to gauge their satisfaction with services provided. At a minimum, the Consultant must obtain evaluation forms from the primary child client and the parent/guardian. The evaluation forms will be provided by the City and must be administered at the following times: • Completion of Family Group Conference • Completion of Care Plan Close Out (program evaluation form) Reporting Requirements The Consultant will provide the City with a Monthly Progress Report and reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit B) by 5:00 PM on the third (3rd) of the following month. A client list detailing the dates, services provided, and clients receiving said services must be included. If in-kind hours are being submitted, back- up documentation stating the same must be included. In the event that the third of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Reports are due on the following dates: Reports are due on the following dates: • Wednesday, September 3, 2014 • Tuesday, March 3, 2015 • Friday, October 3, 2014 • Friday, April 3, 2015 • Monday, November 3, 2014 • Monday, May 4, 2015 • Wednesday, December 3, 2014 • Wednesday, June 3, 2015 • Monday, January 5, 2015 • Friday, July 3, 2015 • Tuesday, February 3, 2015 • Wednesday, August 5, 2015 Monthly reports and reimbursement requests will be submitted via any of the following methods: • Electronic mail • Facsimile • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled • Necessary back-up materials are included (client documentation, expense receipts, time logs, etc.) • Reports bear the signature of the person submitting the report on behalf of the Consultant The City will document Consultant service level data and monthly reports via Active Strategy software for inclusion in the monthly report to the Miami Beach Governing Board as well as the City's website. 16 Governing Board Attendance The Consultant is required to have representation at each calendared Governing Board meeting. In the event you cannot attend in person, arrangements can be made for a telephonic connection. If the Consultant fails to have representation at two meetings, the City reserves the right to reduce contracted service levels at its sole discretion. Master Calendar The Consultant will notify the City of any client appointment or anticipated service delivery at least 72 hours in advance of the appointment or service delivery for inclusion in the Success University Master Calendar that is distributed to all members of the Miami Beach Service Partnership via Community OS Software. The Master Calendar will be updated daily and distributed to the Partnership via Community OS Software. The Consultant must provide its availability for intake services inclusive of the number of staff members, the hours they are available and the languages they speak. This list must be up-to- date at all times. Memoranda of Understanding A Memorandum of Understanding (MOU) reflecting the terms of this agreement as well as commitment to the Miami Beach Service Partnership will be provided and updated as necessary. The MOU must be submitted to the City of Miami Beach prior to execution of the service contract and must be executed by the agency Executive Director or Board of Directors Chairperson. Monitoring & Performance Reviews The City of Miami Beach reserves the right to inspect, monitor and/or audit the Consultant to ensure contractual compliance. This includes, but is not limited to: • Review of on-site service delivery • Inspection and review of client, budgetary and employee files (for those employees providing services under this contract) The monitoring tool provided by The Children's Trust, On-Site Monitoring Tool, will be used to guide inspections and monitoring visits. (Copy included herein.) Monitoring visits will take place within forty-five (45) days of the commencement of services. The City will notify the Consultant a minimum of five (5) business days' notice prior to a monitoring visit. Partner Performance Ratings The Consultant agrees that its Partner Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website on a bi-annual basis: 17 I • Timely and accurate submission of monthly progress report • Timely and accurate submissions of monthly financial reports (reimbursement requests) • Delivery of contracted service units • Promotion of the Miami Beach Service Partnership • Attendance at Miami Beach Service Partnership Governing Board and related committee(s) meetings Ratings will be given for each performance measure based on the following: Performance o Rationale & Score Timely and accurate submission of Monthly ➢ "0" for failing to submit on time Service Summary Report ➢ "15" for submitting on time Timely and accurate submissions of ➢ "0" for failing to submit accurate report with monthly financial reports (Monthly back-up material on time Reimbursement Request) ➢ 15" for submitting accurate report on time Delivery of contracted service units Possible score of 0 to 50 based upon completion of projected service units. Score is calculated by dividing the completed number of service units by the total number of referred service units. ➢ For agencies providing Care Coordination, possible score of 0 to 40 for completion of projected service units ➢ For agencies providing Care Coordination, i possible score of 0 to 10 for completion of Care Coordination plans. Score is calculated by dividing the completed number of Care Coordination plans by the total number of. referred Care Coordination clients. Attendance at Miami Beach Service Possible score of 0 to 20: j Partnership Governing Board and related 10 Points for attendance at Governing Board committee(s) meetings meetings; 10 points for Committee attendance (In the event that there are no committee meetings scheduled, the value for attendance at the Governing Board meeting will be 20.) Promotion & Public Relations Requirements The Consultant agrees to receive Success University Program Brochures and make them available to clients during all in-person client interactions. The Consultant agrees to link its website to the City's Success University webpage. Such link must be in place prior to the execution of this contract. The Consultant agrees to indicate its membership in the Partnership in all self-produced marketing materials that are produced for the benefit of youth and families. 18 i Training Requirements Personnel providing services under in this Contract will be required to complete the following trainings prior to service provision, as delineated below: Care Coordination Services: City provided ❑ Program Overview Training trainings ❑ Assessment & Referral Training ❑ Care Coordination Training ❑ Community OS Software Training ❑ Client Evaluation Survey Training Care Coordination Services: Additional ❑ Family Group Conference Audit required trainings ❑ CCDH Disability awareness training Family Group Conferencing Services ❑ Program Overview Training The total training time required under"Care Coordination Services: City provided trainings" is two business days. While initial training expenses are covered by the City, the Consultant agrees to reimburse the City for the early departure (termination) of any trained staff member prior to this contract's termination on a pro-rated basis as follows: e C•St Program Overview Training $150.00 Assessment & Referral Training $150.00 Community OS Training $150.00 Client Evaluation Survey Training $150.00 Care Coordination Training $150.00 The Consultant agrees to send at least one representative to attend a City-sponsored grant writing workshop by July 31, 2015. Alternately, the Consultant may submit documentation indicating at least one member of its staff has attended another Grant Writing training in the same period of time. The Consultant agrees to send its Miami Beach Service Partnership Governing Board representative to a City-sponsored board member refresher training at a minimum of once every two years. Client Termination Care Coordinators must notify the Program Coordinator of client inactivity. If the Care Coordinator has not been able to reach a client they must notify the Program Coordinator by the fourteenth (14) day. Care Coordinators Consultant will provide the City with following information for each Care Coordinator: • Name • Address • Phone number • E-mail address • Days and times available for home visits • Language Skills • Number of hours they are able to commit 19 I Care Coordinators are required to wear identification while conducting services. Switchboard of Miami Registration Consultant agency will register with Switchboard of Miami to ensure that agency information is accurate and updated. This contractual obligation is directed by The Children's Trust. Agency registration can be done at the following website: www.switchboardmiami.orq Additional Documentation The following documentation must be submitted with this executed agreement: • All required insurance certificates • Copy of current audit • Copy of required business licenses and permits • Copy of notice as recipient of funding from The Children's Trust • Updated Memorandum Of Understanding (MOU) reflecting scope of services and leverage associated with Success University • List of all members of Consultant's Board of Directors, if applicable • Consultant's Board of Directors by-laws, if applicable • Conflict of Interest policy THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLAND(. 20 EXHIBIT "B" INVOICING The Consultant agrees to provide the invoicing and services documentation as indicated utilizing the following forms attached herein: • Monthly Service Summary Report, and • Monthly Reimbursement Request • Monthly Client Status List THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 21 i i i I I EXHIBIT "C" ATTACHMENTS The following reference documents are attached: • TCT Core Contract THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 22