PSA with Institute for Child & Family Health, Inc. 90/q-o?9_7 10
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
INSTITUTE FOR CHILD & FAMILY HEALTH, INC.
FOR
CHILD AND FAMILY SERVICES, PURSUANT TO
THE CITY'S SERVICE PARTNERSHIP INITIATIVE
This Professional Services Agreement ("Agreement") entered into this 1st day of August,
2014 (effective date: -7 day of Alvve^,6.e/ , 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 INSTITUTE FOR CHILD & FAMILY HEALTH, INC, a non-profit
Florida corporation, whose address is 15490 NW 7th Avenue, Miami, Florida 33169
(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 work and services described in Exhibit"A" hereto (the Services).
• Functional Family Therapy Services for up to twenty-five (25) children and their
families
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.
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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 have an initial term of up to one year with zero renewal options, to
be exercised at the City Manager's sole option and discretion, by providing Consultant with
written notice of same no less than thirty(30) days prior to the expiration of the initial term.
The term of this Agreement shall terminate on July 31, 2015. 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 same is/are 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 Fifty
Thousand Dollars ($50,000.00).
4.2 Consultant shall be compensated for the Services, as set forth in Section 2 and
Exhibit"A", as follows:
The Consultant shall submit monthly requests for payment including payroll records
and other applicable back-up documentation no later than the 3rd day of the
succeeding month. Compensation will be issued in corresponding monthly
installments. Invoices are payable upon receipt. Advance payments are not allowed.
The aggregate maximum is not to exceed Fifty Thousand Dollars ($50,000.00).
Invoices for services taking place prior to the beginning of the Contract term are not
reimbursable. Similarly, invoices for services taking place after the end of the
Contract term are not reimbursable
The City of Miami Beach assumes no obligation to provide financial support of any
type in excess of the total Contract amount. All amounts submitted to the City of
Miami Beach must not be submitted to any other funding agency for payment.
Notwithstanding the preceding, Consultant's total compensation during the term of this
Agreement shall not exceed the maximum allowable sum of Fifty Thousand Dollars
($50,000.00)
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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.
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, provided
(including the names of the clients served and dates of service provision) and cost(s) for
same.
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.
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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
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
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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.
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
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. Worker's Compensation- Insurance must cover 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 Consultant is no longer exempt
from obtaining Worker's Compensation insurance, the Provider must notify the City of
Miami Beach and provide the necessary certificate of insurance upon the termination
of the exemption.
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
vent that submitted certificates of insurance are inadequate
of the insurance policies in the e q
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.
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 approved by the City's Risk Manager.
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
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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
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
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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
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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.
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 some 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, no person having any such interest shall knowingly be employed by the
Consultant. 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 there from.
SECTION 11
NOTICES
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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:
Institute for Child & Family Health, Inc.
Attn: Juan C. Gonzalez, Ph.D., Chief Executive Officer
15490 NW 7th Avenue
Miami, Florida 33169
305-688-3541
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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.
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
hall be valid and be enforced to the fullest extent permitted b law.
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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;
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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.
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 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
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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.
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
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r
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.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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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: ---- q L'z:,
Raft i.2-1 E. Granado, City Clerk Jimm L. Mor les, City Manager
Date: l ` 1-7 Date:11,I b i
FOR CONSULTANT: N TITUTE FOR CHILD
A FAMILY HEALTH, INC.
ATTEST: °y "°•.• �, 1-
By:
Print Kame /Title Print Name/Title
Date- �� Date: C d Z /
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney7%fl Date
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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 of Documentation of
Service
Functional Family Therapy 25 Completion and execution of the following documents:
Session Programmatic Attendance Form signed by all
attendees, for all sessions, including intake/
assessment for services and direct client service
provision sessions
• Youth Outcome Questionnaire (pre-test); one per
each client family.
• Youth Outcome Questionnaire (post-test) one per
each client family.
Notification email, to be sent from Contractor to
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City staff within 72 hours of service delivery.
Related Definitions:
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?
These referrals must be documented using the Miami Beach Service Partnership Referral
Form and via Community OS software. A list and attached forms are found in Exhibit B.
Functional Family Therapy Services — Functional Family Therapy Services (FFTS) are
conducted by the Consultant's staff in accordance with the Consultant's policies and
procedures and in accordance with the Evidence-Based Program's certification standards.
The contents of and .information discussed during the FFTS 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 in the FFTS is deemed to be relevant to the
safety of the client or others. The FFTS is documented by the full and accurate completion of
the Programmatic Attendance Form and includes the signatures of the client receiving the
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service, clinician providing the service, and any additional individuals receiving or providing
services referenced herein. The FFTS is further documented by the Youth Outcome
Questionnaire (pre-test and post-test)for the purposes of recording outcome measures.
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:
i Functional Family Minimum of 10 Client Home Initial FFTS Intake/
Therapy Services sessions for each of Assessment session
up to 251 will be completed
children/families within twenty(20)
days of referral. All
j eligible FFTS will be
!� completed within
one hundred sixty
(160)days of
completed FFTS
j Intake/Assessment
i I session.
Service Benchmarks
Service Benchmark(s)
Functional Family Therapy o Completed documents as outlined above.
Services e Client progress in accordance with benchmarks outlined in
Functional Family Therapy guidelines
Service Documentation
Services will be deemed as provided when the following documentation is provided within the
noted timeframes:
Service
Documentation submi • •
i Referrals Miami Beach Service Partnership Three (3) business days
j Referral Form(s) signed by staff and from the identification of
receiving client (s). client need
Functional Family - Programmatic Attendance Form signed Notification Email: three (3)
Therapy Services by all in attendance business days from
• Notification Email provision of service.
! -Internal documentation for the Programmatic Attendance
Contractor's records should be kept in Form: monthly; by the 3rd
accordance with the Contractor's policies day of the succeeding
i
and procedures and in accordance with month.
the Evidence-Based Program's
certification standards.
Penalties for Failure to Perform
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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.
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
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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.
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
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• 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.
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
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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:
• 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:
Oerformance Measure Rating Rationale & Score
Timely and accurate submission of Monthly ➢ "0"for failing to submit on time
Service Summa 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 submit_tin� 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
j projected service units
);> For agencies providing Care Coordination,
possible score of 0 to 10 for completion letion of Care P
Coordination plans. Score is calculated by
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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:
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.
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:
•
Program Overview Training $150.00
Assessment & Referral Training $1_50.00
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
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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
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.org
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
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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
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EXHIBIT SVY
ATTACHMENTS
The following reference documents are attached:
® TCT Core Contract
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