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Contract with The Children's Trust for Place-Based/Countywide Community Partnerships • (s _ 2A FY 2015-2016 CONTRACT NO. 1621-1090 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI BEACH FOR PLACE-BASED/COUNTYWIDE COMMUNITY PARTNERSHIPS THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and City of Miami Beach, hereafter "Provider" whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2015 through July 31, 2016, subject to funding availability and Provider's performance. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization,renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable,The Children's Trust in its sole discretion will initiate re-negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter"Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for services in and for the benefit of Miami-Dade County residents. OCT14 15 3.24F11 D. TOTAL FUNDING Subject to the availability of funds,the maximum amount payable for Services rendered under this Contract shall not exceed $425,000.00, with a required match of $0. Provider agrees that should available funding to The Children's Trust be reduced, the amount payable under this Contract will be reduced at the sole option of The Children's Trust. Provider agrees to adhere to Attachment B of this Contract: Other Fiscal Requirements, Budget and Method of Payment. City of Miami Beach Page 1 of 82 Contract#1621-1090;Resolution#2015-88 E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust,from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by, and currently available from, local and state funding sources for the same purpose. A violation of this section is a material breach of this Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 691-73.002, and is defined as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. All capital equipment acquired by Provider less than$10,000,and reimbursed by The Children's Trust,shall be capitalized by the Provider and Provider shall retain all rights and possession of equipment unless this Contract is subject to termination or early cancellation. Should this Contract be terminated or not renewed, The Children's Trust may acquire rights and possession of all reimbursed capital equipment that is not fully depreciated. All capital equipment acquired by Provider equal to or greater than $10,000, and reimbursed by The Children's Trust, shall be capitalized by The Children's Trust and The Trust shall retain all rights to equipment until the item is fully depreciated. Should this Contract be subject to termination or early cancellation, The Children's Trust may acquire possession of all reimbursed capital equipment that is not fully depreciated. Any or all such qualifying capital equipment shall be returned to The Children's Trust, or its designee(s) upon request. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in section K of this Contract. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 days of its execution. All sub-contracts with Provider must be executed within 30 days of Provider's execution date. All subcontractors are subject to monitoring by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. Provider shall be solely liable for any expenses or liabilities incurred under any subcontract. Provider shall hold harmless and defend,at Provider's expense,The Children's Trust against any claims,demands or actions related to any subcontract. City of Miami Beach Page 2 of 82 Contract#1621-1090;Resolution#2015-88 1 The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any subcontractor must be currently qualified to conduct business in the State of Florida at the time that a subcontractor agreement is entered into and services are rendered. 5. Religious Purposes Providers and/or their faith-based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. 8. Compliance Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax returns to retain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the contract. Provider further agrees to provide agency and site(s) information to Switchboard of Miami 211,The Children's Trust 24 hour helpline. F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers,employees,agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Contract by Provider or its employees, agents,servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes,Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments,and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense,which The Children's Trust or its officers,employees,agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub-contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. City of Miami Beach Page 3 of 82 Contract#1621-1090;Resolution#2015-88 To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data,sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature,The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright,trademark or patent,legal title and every right,interest,claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Contract is subject to the provisions,limitations and exceptions of Chapter 119, Florida Statutes,regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided,manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract; g. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support SAMIS disbursement requests or advance funding disbursements;or,fails to submit,or submits incomplete or incorrect,detailed City of Miami Beach Page 4 of 82 Contract#1621-1090;Resolution#2015-88 reports of requests for payment, expenditures or final expenditure reports; included, but not limited to budgets, invoices, and amendments in Services &Activities Management System (SAMIS). h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a monitoring,evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract. p. Fails to submit an Annual Financial Statement Audit and a Program-Specific Audit, as applicable, in accordance with Section 0 and Attachment D of this contract. q. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program Specific Audit within thirty (30) days after Provider's fiscal year end. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach,The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Contract,but Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension,which must be at least five business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date City of Miami Beach Page 5 of 82 Contract#1621-1090;Resolution#2015-88 of such suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents,studies,surveys,reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination,which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement,including reasonable attorney's fees,costs,and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Prior to, or on the date commencing the effective term of this Contract, Provider's insurance agent(s) shall provide to The Children's Trust the following, as applicable: 1) Certificates of Insurance naming The Children's Trust as an additional insured and the certificate holder on all applicable policies;and all applicable policies shall be maintained in full force and effect for the entire term of this Contract. Or,2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as required by Florida law for government entities. Failure by Provider to comply with Section K, shall be a material breach of this Contract. The Children's Trust will not disburse any funds under this contract until all required Certificates of Insurance, or letter(s) of self-insurance have been provided to and have been approved by The Children's Trust. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance covering all employees, non-incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have worker's compensation coverage or a valid State of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining City of Miami Beach Page 6 of 82 Contract#1621-1090;Resolution#2015-88 Worker's Compensation insurance, the Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. The employer's liability portion will be $500,000/$500,000/$500,000 as a minimum. 2. Comprehensive General Liability insurance,to include sexual molestation,in an amount not less than$500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless Provider can provide financial statements to support a higher deductible.The Children's Trust must be designated and shown as an additional insured and the certificate holder with respects to this coverage. The general liability policy must contain coverage for the following: a. Bodily Injury; b. Property Damage; c. No exclusions for Abuse, Molestation or Corporal Punishment; d. No endorsement for premises only operations. 3. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-owned coverage for their employees and/or sub-contractors and transportation companies transporting program participants. The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respects to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded program must list The Children's Trust as a certificate holder and as an additional insured. 4. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-owned coverage for their employees and /or sub-contractors not transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. 5. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is City of Miami Beach Page 7 of 82 Contract#1621-1090;Resolution#2015-88 7. 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. 8. Proof of Property Coverage is required for all capital equipment greater than or equal to $10,000, and when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B" as to management,and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date of making any material changes to the insurance coverage except for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease,waiver or modification. In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Contract,The Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. City of Miami Beach Page 8 of 82 Contract#1621-1090;Resolution#2015-88 it L. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust: • The Internal Revenue Service (IRS) tax status determination letter,if applicable; and • The most recent (two years) IRS form 990 or applicable tax return filing within six (6) months after Provider's fiscal year end or other appropriate filing period permitted by law; and • IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its President/CEO. It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under this Contract; mailing address,and/or telephone number. N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between,the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS,AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this contract,consistent with Florida laws. 1. Accounting Records Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). All such records will be retained by Provider for not less than five years beyond the last date that all applicable terms of this contract have been complied with,final payment has been received and appropriate audits have been submitted to and accepted by The Children's Trust. However,if any audit,claim,litigation, negotiation or other action involving this contract or modification hereto has commenced before the expiration of the retention period,then the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular retention period,whichever is later. 2. Financial Statement Audit Within one-hundred eighty (180) days from the close of its fiscal year, Provider's independent certified public accounting firm (CPA) must submit all of the following documents,electronically, to The Children's Trust,which together comprise an annual financial statement audit conducted in accordance with GAAP and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book).The required items are: a. An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation; b. An annual financial statement audit conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards; c. Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards;" d. Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance;" City of Miami Beach Page 9 of 82 Contract#1621-1090;Resolution#2015-88 • e. A Single Audit conducted in accordance with OMB Circular A-133, Audit of States, Local Government and Non-Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97, if applicable; and f. A Management Letter; if no Management Letter is prepared by Provider's CPA firm, then the CPA firm must expressly confirm,in writing, that no Management Letter was issued. If Provider's annual financial statement audit is prepared by the Florida Auditor General, then the due date for submitting the annual financial statement audit, as defined, is two-hundred seventy (270) days after the close of Provider's fiscal year. Electronic filing of the annual financial statement audit, as defined, must be sent by Provider's CPA firm to the following e-mail address: audits @thechildrenstrust.org. Providers that are required to have a Single Audit agree to have their CPA firm submit the schedule of expenditures pertaining to awards,summary schedule of prior audit findings,applicable auditor's reports and the corrective action plan, if applicable. 3. Program-Specific Audit Within 180 days of the close of its fiscal year, all Providers are required to have their CPA firm submit a program- specific audit related to The Children's Trust contracts, electronically, in addition to the annual financial statement audit.The program-specific audit shall be performed by an independent CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation, has performed audits under Government Auditing Standards and is either a member of the AICPA or FICPA peer review program to include government engagement reviews. This program-specific audit must encompass an audit of The Children's Trust contract(s) as specified in Attachment D: Program-Specific Audit Requirements. 4. Audit Extensions Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such request with appropriate justification by Provider and for a period of time not to exceed sixty (60) days after the initial due date. A copy of the engagement letter, along with the anticipated audit completion date and any concerns from Provider's CPA firm related to the audit must accompany the request. Approved audit extension requests allow for the continuation of payment until such time that the extension expires. In the event that either the annual financial statement audit or the program specific audit is not received in a timely manner and in accordance with the previously stated due dates; and an audit extension has not been approved, then The.Children's Trust shall withhold all payments to Provider until the documents are received and determined to be acceptable by The Children's Trust. 5. Engagement Letters Audit Engagement Letters are due to The Children's Trust thirty (30) days after Provider's fiscal year end. Provider agrees to submit an engagement letter for both the annual financial statement audit and the program specific audit, electronically, to audits@thechildrenstrust.org Failure to submit an engagement letter may result in a breach of contract, or other remedy, as deemed appropriate by The Children's Trust. 6. List of Approved Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, Provider must choose from a list of approved CPA firms, which are posted on The Children's Trust website. Inclusion in this pre-approved CPA vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal Requirements, Budget and Method of Payment. 7. Access to Records Provider shall permit access to all records including subcontractor records, which relate to this contract at its place of business during regular business hours. Provider agrees to deliver such assistance as may be necessary to facilitate a review or audit by The Children's Trust to ensure compliance with applicable accounting, financial and programmatic standards.This would include access by The Children's Trust,or its designee,to Provider's independent auditor's work papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing and at The Children's Trust's expense. City of Miami Beach Page 10 of 82 Contract#1621-1090;Resolution#2015-88 8. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings,reviews and evaluations of the program which is the subject of this contract,including any subcontracts under this contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits,client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will remedy all deficiencies cited within the period of time specified in the report. 9. Client Records Pursuant to Florida Statute 1 19.071(5),The Children's Trust collects the last four digits of social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); and (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to 9 p p subject monitoring/review and inspection requirements under this contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 10. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable,subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education and evaluation procedures; and (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Services pursuant to this contract;and (3) daily activity logs and monthly calendars of the provision of Services pursuant to this contract; and (4) training modules; and (5) pre and post session questionnaires; and (6) all participant attendance records; and (7) participant consent and information release forms; and (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this contract; all upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable terms of this contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by The Children's Trust and/or other appropriate agency. 11. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder,each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party(except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However,this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or(g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require all sub-contractors to comply with this paragraph. City of Miami Beach Page 11 of 82 Contract#1621-1090;Resolution#2015-88 • 12. Data Security Obligation Data Security Definitions are defined and specified in Attachment G: Data Security Definitions attached to this Contract. A. Standard of care a. Provider acknowledges and agrees that, in the course of its Contract with The Children's Trust, Provider may, directly or indirectly, receive or have access to Highly-Sensitive Personal information or Personal Information. Provider shall comply with the terms and conditions set forth in this Contract in its collection, receipt, transmission, storage, disposal, use and disclosure of such Highly-Sensitive Personal Information or Personal Information and shall be responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use and disclosure of Personal Information under its control or in its possession. Furthermore, Provider shall be responsible for the actions and omissions of all Authorized Persons that are not Authorized Employees concerning the treatment of such Highly-Sensitive Personal Information or Personal Information as if they were Provider's own actions and omissions. b. Personal Information is deemed to be property of The Children's Trust and is not property of Provider. The Children's Trust will not collect Hiahlv-Sensitive Personal Information. The Provider should not collect Client Highly-Sensitive Personal Information. c. In recognition of the foregoing, Provider agrees and covenants that it shall: 1. keep and maintain all such Highly-Sensitive Personal Information or Personal Information strictly confidential; 2. use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it,is provided pursuant to the terms and conditions of this Contract,and shall not divulge, communicate, use, misuse, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for Provider's own purposes or for the benefit of anyone other than The Children's Trust, in each case, without The Children's Trust's prior written consent, which may be withheld in its sole and absolute discretion; and 3. not, directly or indirectly, disclose Personal Information to any person other than Authorized Persons (an "Unauthorized Third Party"), without express written consent from The Children's Trust, which may be withheld in its sole and absolute discretion. If any person or authority makes a demand on Provider purporting to legally compel it to divulge any Personal Information, Provider shall (i) immediately notify The Children's Trust of the demand before such disclosure so that The Children's Trust may first assess whether to challenge the demand prior to Provider's divulging of such Personal Information; (ii) be responsible to The Children's Trust for the actions and omissions of such Unauthorized Third Party concerning the treatment of such Personal Information as if they were Provider's own actions and omissions; and (iii) require the Unauthorized Third Party that has access to Personal Information to execute a written Contract agreeing to comply with the terms and conditions of this Contract relating to the treatment of Personal Information. Provider shall not divulge such Personal Information until the Children's Trust either has concluded not to challenge the demand, or has exhausted its challenge,including appeals, if any. B. Personal information security a.Provider shall protect and secure data in electronic form containing such Highly-Sensitive Personal Information or Personal Information. At a minimum, Provider's safeguards for the protection of Personal Information shall include: 1. encrypting, securing, or modifying such Personal Information by any method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. 2. limiting access of Personal Information to Authorized Employees and Authorized Persons; 3. securing business facilities, data centers,paper files,servers, back-up systems and computing equipment,including, but not limited to, all mobile devices and other equipment with information storage capability; 4. implementing network, device application, database and platform security; 5. securing information transmission, storage and disposal; City of Miami Beach Page 12 of 82 Contract#1621-1090;Resolution#2015-88 6. implementing authentication and access controls within media, applications, operating systems and equipment; 7. encrypting Highly-Sensitive Personal Information stored on any mobile media; 8. encrypting Highly-Sensitive Personal Information transmitted over public or wireless networks; 9. implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting backgrounds checks consistent with applicable law, as required by The Children's from time to time; 10. providing appropriate privacy and information security training to Provider's employees, as required by The Children's Trust from time to time; and 11. purchasing and maintaining cyber insurance coverage, if The Children's Trust deems necessary in its sole and absolute discretion. b. Provider shall dispose, or arrange for the disposal, of customer records containing Personal Information within its custody or control when the records are no longer to be retained. Such disposal shall involve shredding, erasing, or otherwise modifying Personal Information in its control or possession to make it unreadable or undecipherable through any means. c. During the term of each Authorized Employee's employment by Provider, Provider shall at all times cause such Authorized Employees to abide strictly by Provider's obligations under this Contract. Provider further agrees that it shall maintain a disciplinary process to address any unauthorized access, use or disclosure of Personal Information by any of Provider's officers,directors,partners,principals,employees,agents or contractors.Upon The Children's Trust's request, Provider shall promptly identify for The Children's Trust in writing all Authorized Employees as of the date of such request. d. Upon The Children's Trust's written request, Provider shall provide The Children's Trust with a network diagram that outlines Provider's information technology network infrastructure and all equipment used in relation to fulfilling its obligations under this Contract, including, without limitation: (i) connectivity to The Children's Trust and all third parties who may access Provider's network to the extent the network contains Personal Information; (ii) all network connections including remote access s and wireless connectivity; (iii) all access control devices (such as (solely by way of example), firewall, packet filters, intrusion detection and access-list routers); (iv) all back-up or redundant servers;and (v) permitted access through each network connection. C.Security breach procedures a. Provider shall: 1. provide The Children's Trust with the name and contact information for an employee of Provider who shall serve as The Children's Trust primary security contact and shall be available to assist The Children's Trust twenty-four (24) hours per day, seven (7) days per week as a contact in resolving issues associated with a Security Breach; 2. notify The Children's Trust of a Security Breach immediately, but no later than forty-eight (48) hours after Provider becomes aware of it; and 3. notify The Children's Trust of any Security Breaches by telephone at the following number: (305)571-5700/e- mailing The Children's Trust with a read receipt at datasecurity @thechildrenstrust.orq and with a copy by e- mail to Provider's contract manager at The Children's Trust. The notice shall include, at a minimum: (1) the date,estimated date,or estimated date range of the Breach of security;and (2) a description of the Personal Information that was accessed or reasonably believed to have been accessed as a part of the Breach of security. b. Immediately following Provider's notification to The Children's Trust of a Security Breach, the parties shall coordinate with each other to investigate the Security Breach. Provider shall fully cooperate with The Children's Trust in The Children's Trust's handling of the matter,including,without limitation: (i) assisting with any investigation; (ii) providing The Children's Trust with physical access to the facilities and operations affected; (iii) facilitating interviews with Provider's employees and others involved in the matter; and (iv) making available all relevant records,logs,files,data reporting and other materials required to comply with applicable law, regulation, industry standards or as otherwise required by The Children's Trust, in its sole and absolute discretion. City of Miami Beach Page 13 of 82 Contract#1621-1090;Resolution#2015-88 c. Provider shall take steps to immediately remedy any Security Breach and prevent any further Security Breach at Provider's expense in accordance with applicable privacy rights, laws, regulations and standards, or as otherwise required by The Children's Trust in its sole and absolute discretion. Provider shall reimburse The Children's Trust for reasonable costs incurred in providing individuals affected by a Security Breach with notice of the breach and complimentary access for credit monitoring services, which The Children's Trust in its sole and absolute discretion deems necessary to protect such affected individuals in light of the risks posed by the Security Breach. d. Provider agrees that it shall not inform any third party of any Security Breach without first obtaining The Children's Trust's prior written consent,other than to inform a complainant that the matter has been forwarded to The Children's Trust's legal counsel. Further, Provider agrees that The Children's Trust shall have the sole right to determine: (i) whether notice of the Security Breach is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies or others as required by law or regulation, or otherwise in The Children's Trust's discretion;and (ii) the contents of such notice,whether any type of remediation may be offered to affected persons, and the nature and extent of any such remediation. 13. Withholding of Payment At the sole discretion of The Children's Trust,payment may be withheld for non-compliance of contractual terms. The Children's Trust will provide payment upon satisfactory compliance with the contractual terms as solely determined by The Children's Trust. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW&VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS All employees,volunteers and subcontracted personnel who work in direct contact with children or who may come into direct contact with children at the site in question must complete a Level 2 background screening that complies with its requirements prior to commencing work pursuant to this Contract. This requirement applies to all volunteers who provide services to children, youth and their families regardless of the number of hours they provide services. Occasional or transient repair or maintenance persons who appear on the site should be escorted to their work areas and then supervised during the time they are present to conduct their work. All providers are required to review annually, at minimum,The Dru Sjodin National Sex Offender Public Website. 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 from 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 the MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. In addition: • The Provider shall complete Attachment E-1:Affidavit for Level 2 Background Screenings,the Affidavit shall 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. City of Miami Beach Page 14 of 82 Contract#1621-1090;Resolution#2015-88 • The Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements. • Provider shall maintain AttachmentE-1:Affidavit for Level 2 Background Screenings,Attachment E-2:Child Care Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements in Provider's personnel, volunteers, and sub-contractors' files. • Provider shall re-screen each employee, volunteer and subcontractor every five years. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families,whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee,volunteer,or client of Provider on the basis of race,color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes,races,religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 11 A of the Code of Miami-Dade County ("County Code"),as amended, which prohibits discrimination in employment,housing and public accommodations;Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust,may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work,may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust,and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. City of Miami Beach Page 15 of 82 Contract#1621-1090:Resolution#2015-88 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance,and Florida Statutes§112 as amended,which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. (Refer to http://www.miamidadeethics.com/Publications/code_of_ethics2010.pdf for the Code of Ethics Ordinance). 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including: Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing Provider (and subcontractor,as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses,certifications,approvals,insurances,permits and accreditations,required by the State of Florida, Miami-Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to and during the contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust,within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. City of Miami Beach Page 16 of 82 Contract#1621-1090;Resolution#2015-88 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English,Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2-1- 1,The Children's Trust 24 hour helpline,as applicable and as defined in Attachment C:Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: City of Miami Beach Page 17 of 82 Contract#1621-1090:Resolution#2015-88 English: City of Miami Beach,Success University Program is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Espanol: City of Miami Beach,Success University Program esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami-Dade. Kreyol: City of Miami Beach,Success University Program Se Children's Trust ki finanse (pwogram sa-a). Children's Trust se yon sous finansman elekte Miyami-Dade to kreye nan yon referandum. Finansman sa a dedye you pwogram k'ap amelyore lavi ti moun ak fanmi yo. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein,the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK - City of Miami Beach Page 18 of 82 Contract#1621-1090;Resolution#2015-88 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable Attachment E-2: Child Care Affidavit of Good Moral Character, if applicable Attachment E-3:Child Abuse & Neglect Reporting Requirements,if applicable Attachment E-4: Background Screening & Personnel File Requirements, if applicable Attachment F: Performance Improvement Plan, if applicable Attachment G: Data Security Definitions No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void,the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF MIAMI B!•CH THE CHILDREN'S TRUST MIA 'd-DADE Cc NTY, FLORIDA MIAMI-DAD COUNTY, FLORIDA By: 4:I' By: (, gnatur t. of Authorized Representative) (Signature) Ti M y L . M O R A L E.S l m ra n All (Type/Print Name) C i-r y ►"i A N A CAE 1Z Interim President and CEO (Type/Print Title) Date: 10 1,3bc Date: /6 A r'/c Provider Federal ID#59-6000372 APPROVED AS TO FORM&LANGUAGE Provider Vendor ID#CITYO109 &FOR EXECUTION Approved as to form and legal sufficiency Ib it- 15 City Attomey Date ft �_�_. Date: �, 15 NI WI' County Attor rey • This contract is not valid until signed by both parties. City of Miami Beach Page 19 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT A SCOPE OF SERVICE i5t.■;■;:3 T7%11 011A I X) , • , . City of Miami Beach Page 20 of 82 Contract#1621-1090;Resolution#2015-88 • Attachment A * Service Partnerships Agency name: City of Miami Beach Neighborhood: Miami Beach Program name: Success University 1. DESCRIPTION OF SERVICES (Include overall intention of program, outline of program activities, target population to be served, implementation of EBP, and partners if applicable): City of Miami Beach is a place-based coalition of social service providers working together to provide coordinated services to families and communities where children are at risk of child maltreatment or chronic= :absenteeism, and children or youth who display disruptive behavior in school or in the community. The Service; Partnerships will also provide community engagement activities that bring communities together around the issues facing their communities. Success University is an integrated Care Coordination-based human services program that partners with al `variety of organizations to provide holistic, comprehensive services to Miami Beach children and their families. The program provides children and youth with personal and academic supports while providing their families with holistic, comprehensive services to ensure family stability and child success. Service components include: :Family Assessments, Care Coordination, Family Group Conferencing, Employment Services, Mental Health Services, Functional Family Therapy, Suspension Diversion Services, Functional Tutoring services, and targeted r referrals to community-based services not available within the Partnership. #:2. TARGET POPULATION OR PARTICIPANTS Eligibility will be determined through a standard screening and assessment that incorporates geographic area and significant risk factors. (Include numbers in tables below). Attendance-based activities(Type A) are intensive services activities in which participants are intended' to receive generally three or more contacts. Attendance-Based activities are usually central to program implementation. The table reflects the unduplicated number of participants to be served and the number of required sessions each participant should attend for the program to have an impact. Group activities (Type G) are less intensive services, events which participants attend one or two times. These activities are generally intended to serve as enhancements to other core program activities.The table:; reflects the total number of participants across all events and the total number of events that will be offered. { Participants - Attendance-Based Number of Unduplicated Participants Total Families 180 Parents/Caregivers 180 Total Children/Youth 197 Estimated Families with Children With Disabilities (from the total # 16 of Children/Youth) Other Adults (i.e., staff/professionals/mentors) 0 Participants — Group Activities Number of Participants Parents/Caregivers 50 Total Children/Youth 50 Other Adults (i.e., staff/professionals/mentors) 40 City of Miami Beach Page 21 of 82 Contract#1621-1090;Resolution#2015-88 The Majority of participants served must reside within the following neighborhood, zip code or attend the listed school. Geographic areas to be served (Neighborhoods, Zip codes, Schools) 33139, 33140, 33141, 33154 Children attending schools in the Miami Beach Senior High School feeder pattern: South Pointe ES, Fienberg- Fisher K-8 Center, Nautilus Middle School, Miami Beach Senior High School, North Beach ES, Treasure Island ES, Ruth K. Broad /Bay Harbor K-8 Center, or Biscayne ES, and children attending day care facilities located in the geographic area specified above. Site Name Street Address City Zip Code # Families # Families w/ CWD Client Homes (Functional Various Locations Miami 33139 33140 25 0 Family Therapy) Beach 33141 33154 Client Homes (Mental Various locations Miami 33139 33140 20 0 Health Services) Beach 33141 33154 Client Homes (Care Various locations Miami 33139 33140 163 16 Coordination) Beach 33141 33154 Client Homes (Academic Various locations Miami 33139 33140 35 0 Support) Beach 33141 33154 Public Spaces, City of Various locations Miami 33141 14 0 Miami Beach Beach • (Employment Services) Miami Beach City Hall 1700 Convention Center Miami 33139 19 0 (Family Group Drive Beach Conference) North Shore Park &Youth 501 72nd Street Miami 33141 65 0 Center (Family Group Beach Conference) Biscayne ES* (Intake) 800 77th Street Miami 33141 35 0 Beach Fienberg-Fisher K-8 1420 Washington Avenue Miami 33139 25 0 Center* (Intake) Beach Nautilus Middle School* 4301 N. Michigan Avenue Miami 33140 35 0 (Intake) Beach Miami Beach Senior High 2231 Prairie Avenue Miami 33139 35 0 School* (Intake) Beach Client Homes/Other Various locations Miami 33139 33140 40 0 locations including City Beach 33141 Hall, public library, public 33154 spaces, Miami Beach Parks* (Intake) City of Miami Beach Page 22 of 82 Contract#1621-1090;Resolution#2015-88 SUBCONTRACTOR/IN-KIND AGENCY(IES) (Provide the agency name, address, contact information and brief description for those providing in-kind or subcontracted services. Agency Name Street Address City Zip In-Kind/ Contact Activity Name Code Subcontractor information (I and S) Advocate2Creat 1250 South Miami 33130 S Patricia Mental Health e Miami Avenue Timerman, Services #1103 305-482- 3366 Ayuda, Inc. 7144 Byron Ave. Miami 33141 S Cecilia Deloof Care Coordination, Beach (305) 864- Mental Health 6885 Services Choices, et al, P.O. Box 645409 Miami 33269 S Cheryl Polite- Family Group Inc. Eaford, (305) Conferencing, 332-2074 Suspension Diversion, Care Coordination Empowerment 99 NW 183rd St Miami 33169 S Andrea Care Coordination, Tutoring # 240B Wanza, (786) Mental Health 489-2080 Services , Tutoring Get Credit 25 SE 2nd Ave. Miami 33131 I Elizabeth Get Credit Healthy Healthy, Suite 828 Karwowski, provides credit repair Inc. (877) 850- &education services 3444 ext. and is available to 106 receive targeted referrals from the Partnership Institute for 430 West 66th Hialeah 33012 S Terri Galindo, Functional Family Child & St. - (305) 685- Therapy Family Health, 8245 x1027 Inca Switchboard of 190 NE 3rd Miami 33132 S Nathan Care Coordination, Miami, Inc. Street Gomez, (305) 358- 1640 Playing the 7144 Byron Miami 33141 S Jeannette Care Coordination, Game Avenue, 2nd Beach Blanca Egozi Family Group of Life Floor (305) 864- Conferencing 5237 Teen Job Corps, 7356 Gary Miami 33141 S Deborah Employment Services Inc. Avenue Beach Ruggiero (305) 868- 0635 Miami Beach 1920 Meridian Miami 33139 I City staff serves on Chamber of Avenue Beach Wendy the Chamber's Commerce Unger, (305) Education as Business 695-6829 Council. City of Miami Beach Page 23 of 82 Contract#1621-1090;Resolution#2015-88 Miami Beach 11645 Biscayne North 33181 I Trudy MBCHC is the main Community Boulevard Miami Edwards provider of health Health Center, Suite 207 (305) 538- services for the Inc. (MBCHC) (Corporate 8835 Ext. uninsured and office) 1712 underinsured in Miami Beach. MBCHC pursues grants with Partnership members and has a vested interest in the well- being of the community's children and families. Miami-Dade 1450 N.E. 2nd Miami 33132 I Lubby MDCPS provides County Public Avenue Navarro, ongoing program Schools Suite 760 (305) 995- support and guidance, 4240 especially for the Suspension Diversion service. Miami-Dade 227 22nd Street Miami 33139 I Jennifer The MB Regional and Public Beach Dewsnap- North Shore Branch Library System Shipley, Libraries host (305) 535- community-based 4220 outreach events on behalf of the Partnership. The On It 18520 NW 67th Miami 33015 I Calvetta The On It Foundation Foundation, Inc. Avenue, Suite Phair, (305) provides training to 186 244-6454 children and families; it pursues grants with other Partnership members. CCDH 7990 SW 117 Miami 33183 I Sheena The City hosts Avenue, Suite VanDyke, trainings on behalf of 135 (305) 596- CCDH and requires all 1160 internal and Partner staff to attend at least one training annually. CCDH assists with the development of Care Plans for children with disabilities, where appropriate. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- City of Miami Beach Page 24 of 82 Contract#1621-1090;Resolution#2015-88 • 3. PERFORMANCE MEASURES: a. Quantity: "How much will we do?" Attendance-based activities (Type A) are intensive services activities in which participants are intended to receive generally three or more contacts. Attendance-Based activities are usually central to program implementation. The table reflects the unduplicated number of participants to be served and the number of required sessions each participant should attend for the program to have an impact. For the Intake, Care Coordination, and Family Team Meeting activities, demographics must be entered for all related family members that are actively involved in the activity, but attendance is only to be entered for one target adult in the family. Group activities (Type G) are less intensive services, events which participants attend one or two times. These activities are generally intended to serve as enhancements to other core program activities. The table reflects the total number of participants across all events and the required sessions are the total number of events that will be offered. Activities/Service Name & # # # Others Required % Activity Responsible Description Children/ Parents Sessions To Meet Type Agency (Include frequency, intensity, &duration Youth Required (A or of sessions, as well as the number of G) cycles expected to be offered and tentative schedule) ELIGIBILITY SCREENING Every participant will receive a standard screening to determine care coordination eligibility based on risk factors related to absenteeism, maltreatment, and disruptive behavior. Based on degree of concern yielded by screening, participants will Not Not Not Not Not N/A N/A either: tracked tracked tracked tracked tracked A) Be Referred for services (different from Care Coordination) within or outside the partnership OR B) Be referred for Intake. This activity will not be reported for Trust purposes. INTAKE (Initial Assessment) All participants determined to be eligible for care coordination (through the Screening) will receive an Initial Assessment to confirm eligibility. The Assessment will define family strengths and service needs; including the need for Health 180 City of Miami Insurance and medical home. N/A families N/A 1 N/A A Beach Based on degree of concern and /cases service needs yielded by the Assessment, participants will either: A) Be referred for services within or outside the partnership. OR B) Be enrolled in Care Coordination. City of Miami Beach Page 25 of 82 Contract#1621-1090;Resolution#2015-88 • A comprehensive tool must be used to further assess the risk factors noted in the screening and determine if Care Coordination is needed. Assessment Measure: Family Needs Assessment Frequency: _Once Schedule: Rolling Enrollment Once a family is enrolled in Care Coordination, the reason(s) for eligibility are to be entered into SAMIS. CARE COORDINATION Participating caregiver receives explanation of care coordination. The results of the initial assessment and outcome measurement tools will be discussed and additional needs for all family members will be identified. These results and discussion should inform the development of the Care Plan, which establishes the framework upon which the family will achieve its goals. The family's support Ayuda, City system is identified to define ways of Miami they can support the goals Beach, established. The Care Plan is to be Switchboard developed in the first session and of Miami, within 15 days of the intake (initial Playing the assessment). 2 during Game of first 45 Life, Follow up sessions must take place at Empowerme 13 dy . least once a month during the time N/A fa m6 es N/A Mans 1& 85% A nt Tutoring, participant is enrolled in care Choices, et coordination. Care Coordinator /cases month al conducts scheduled visits/contacts thereafte with family; determines if referrals have been successful; reviews and assists the family in pursuit of their goals in the Care Plan; amends the care plan as necessary; holds multidisciplinary staffing as necessary. When the family and the care coordinator determine the goals of the care plan have been met, and that no additional services are needed, the care coordinator will close out the case. Frequency: First session will take place 15 days from the intake (initial Assessment) date. Minimum of 1 session per month thereafter. City of Miami Beach Page 26 of 82 Contract#1621-1090;Resolution#2015-88 Intensity: Minimum of 45 minutes. Sessions should exceed the minimum as needed. Duration: Minimum of 4 sessions Schedule: Rolling Enrollment. Referral and referral follow up data will be reported for all participants receiving care coordination FAMILY TEAM MEETING Family Team Meetings will be strongly encouraged for families participating in Care Coordination who demonstrate complex needs and/or where risk is present. Through the active collaboration of a team comprised of natural helpers, direct service staff, family members and caretakers, Family Team Meetings are an effective means of developing a service plan based on long term solutions and of resolving issues that put children at risk. Choices, et al, City of 84 These meetings serve to coordinate N/A families N/A N/A N/A A Miami clinical services; to establish /cases Ben therapeutic goals, discuss therapy & Playing g t the Game of Life counseling services; to discuss safety issues; and to create a system of support as needed. EBP to be used is Family Group Conferencing Frequency: as needed Intensity: 1-2 hours Duration: 1 meeting per child Schedule: Year round This activity will not be included in performance review evaluations. SERVICE PARTNERSHIP MEETINGS The lead agency will coordinate regular partnership meetings with the purpose of supporting the City of Miami development and sustainability of the 0 0 12 N/A N/A G Beach partnership. These meetings will include activities guided towards generating the deliverables identified in the Quality and Outcomes Tables below. City of Miami Beach Page 27 of 82 Contract#1621-1090;Resolution#2015-88 Other activities may include the creation of an asset map and contact database of all services in the target neighborhood; making personal appointments and attending community meetings to determine key leaders and programs; Convene aforementioned key leaders that extend beyond Service Partnership to introduce partnership, assess "community needs" in consult with care coordination assessed needs of clients, and create a possible action plan around issues that can be addressed. Frequency: Monthly Intensity: Minimum of 2 hours Duration: 12 months (12 meetings) Schedule: Year round COMMUNITY ENGAGEMENT Effective community engagement consists of more than outreach efforts, which may imply activities that merely disseminate information or build awareness on topical concerns. Instead, the emphasis is on activities that will engage community members in ongoing and regular dialogue and discussion about community concerns and the development of solutions for them. Such activities may include a collaborative effort between the City of Miami Service Partnership and community Beach in members to develop proposals for 50 50 40 N/A N/A G collaboration neighborhood improvements related with all to child and family well-being, or to Partner address concerns to governmental agencies and other institutions that provide services to families, promote positive opportunities for early learning, literacy, parenting and youth development, or to prevent drug and tobacco use, by way of example only. Community engagement may include events, but as part of a broader design to engage community members. City of Miami Beach Page 28 of 82 Contract#1621-1090;Resolution#2015-88 Activity #1: Family Service Day is a community engagement event designed to galvanize members of the Miami Beach community in a call for public service. Multiple targeted volunteer projects take place, including environmental preservation, intergenerational relationship building, public school improvement projects, community beautification projects, and more. A specific area of North Shore Open Space Park is designated for a community services fair, where members of the partnership and other organizations offering free services to the community set up information booths. All of the presenters are asked to follow one of the event themes: literacy, mental health, academic performance, family stability, community cohesion, or school attendance. We also spotlight Attendance Awareness Month and the Miami-Dade Public Library, which brings its Bookmobile. Volunteers are provided with lunch and souvenirs. The purposes of this event are to: increase community involvement; increase voluntarism; strengthen family ties to the community; provide a forum for residents within which they are encouraged to provide feedback to service providers; promote Attendance Awareness Month; promote literacy to the entire community; raise the visibility of Miami-Dade Public Library System and local Miami Beach library branches; and to inform the community about the Partnership, its members, and the resources available via Success University and other Partner agency programs. The event is scheduled for Saturday, Sept. 26, 2015 and will be held at North Shore Open Space Park and various satellite project sites throughout the City of Miami Beach Frequency: Once per contract year Intensity: Minimum of 2 hours Duration: 1 event Schedule: year round City of Miami Beach Page 29 of 82 Contract#1621-1090;Resolution#2015-88 SCHOOL DAY — SUSPENSION ALTERNATIVE The Suspension Diversion (SD) activity is triggered by referral from a Miami Beach Senior High School feeder pattern school. Students experiencing infractions which typically result in outdoor suspensions may attend the SD program in lieu of incurring outdoor suspensions on their records. Parent/legal guardian provides consent&agrees to program terms. Students attend the SD program daily until the conclusion of their suspension term. The Group Facilitator oversees administrative and/or academic instruction work commissioning complex behavior management and teaching activities while providing critical thinking skills, classroom management, and administrative services. Emphasis is placed on independent judgment, daily group meetings and reflective practices. To address behavior modification, A City of Miami Facilitators foster awareness of the 50 0 0 1 100% Beach, following goals: accountability; community/school safety; and Choices, et competency development. Using a al strength-based approach, the Facilitator elicits goals from the student which address him/herself and those harmed by their actions that resulted in their suspension from school. This is an informed Restorative Justice model which uses techniques found in the EBP Restorative Justice, which was awarded endorsement by the US OJJDP. As part of behavior modification services, staff may conduct psychosocial groups, circles, provide individual counseling, and/or refer students to additional services. Frequency: Daily Intensity: 6 hours Duration: 1-10 days Schedule: School Year estimated to begin September 2015. City of Miami Beach Page 30 of 82 Contract#1621-1090;Resolution#2015-88 JOB TRAINING/PLACEMENT Services are provided on an ad hoc basis and are contingent upon needs identified through Care Plans. Provided to youth and/or family members who are authorized to work legally in the US, whose families are in need of additional income, and who are not able to find unsubsidized employment. Provider supervises youth at all times. Participants conduct community service- type activities such as beach clean-up, waterway restoration, graffiti removal, and event support. Each session begins with a 15-30 minute Employability Skills training session focusing on such topics as the importance of post-secondary education, appropriate attire, resume writing, interview skills, business Teen Job etiquette, etc. Provider may opt to 14 0 0 30 85% A place youth in a suitable employment Corps, Inc. environment outside the normal location of services. For secondary placement, youth must show strong work skills and supervisor must be background screened. Employment Services for youth are contingent upon students providing documentation of school attendance and/or absence of incidence of disruptive behavior to supervisor. Employment Services are temporary and are limited to no more than 66 hours per person, per contract year. Frequency: 2 times per week Intensity: 2 hours per session Duration: 18 weeks Schedule: Rolling Enrollment Sessions begin in November 2015 and continue on a rolling basis BEHAVIORAL/MENTAL HEATH INTERVENTION Mental Health Assessments are provided to determine clients' need for mental health services and develop a treatment plan. Master's Ayuda, level and higher Mental Health Advocate2Cr Practitioners conduct services. 18 2 0 12 85% A eate, Conducted in accordance with Empowerme provider's internal policies and nt Tutoring procedures referencing mental health assessments. City of Miami Beach Page 31 of 82 Contract#1621-1090;Resolution#2015-88 Mental Health services are provided for 20 children, youth, family members, parents, or families without access to mental health services (such as those without legal status or insurance) and showing great need. Twelve therapeutic counseling sessions will be provided for each client and sessions are to take place in the client home and/or other location sites as determined by the family. Frequency: 1 time per week Intensity: Minimum of 1 hour per session Duration: 4 months Schedule: Rolling Enrollment estimated to begin September 2015. FAMILY COUNSELING Functional Family Therapy (FFT) Functional Family Therapy is a well- established, evidence-based family therapy intervention for the treatment of violent, criminal, behavioral, school, and conduct problems with youth and their families. FFT has received national recognition for our successful youth outcomes. It is an evidence-based, outcome-driven prevention/intervention treatment program for youth who have demonstrated maladaptive, acting Institute for out behaviors and related syndromes. 25 0 0 8 85% A Child & Each family receives the following Family services: Health 1. An intake/assessment session 2. 8-12 1.5 hour therapy sessions 3. A discharge/assessment session including referrals for additional services, as indicated Average number of sessions: 8-12, determined by the needs of the family. During the therapy sessions, families progress through all three phases of treatment which includes: Engagement/Motivation, Behavior Change, and Generalization City of Miami Beach Page 32 of 82 Contract#1621-1090;Resolution#2015-88 EBP: Functional Family Therapy Frequency: 1 time per week Intensity: 1.5 hours Duration: 6 months Schedule: Rolling enrollment Estimated to begin September 2015. TUTORING Children and youth performing below grade level, facing academic challenges, or referred by a teacher or administrator in their school are eligible to receive private Functional Tutoring. Prior to the first session, the student will receive an Academic Assessment to determine strengths and deficits. Services focus on teaching the child and parent or youth effective study skills and appropriate behaviors to support educational success so they may become academically self-sufficient. Staff will reinforce the importance of regular, punctual attendance at every encounter. Frequency: One time per week Intensity: 60 minutes per session Duration: 10 weeks Schedule: Rolling Enrollment Empowerment estimated to begin September 2015. o Tutoring, City 35 0 0 8 85% A of Miami Beach City of Miami Beach Page 33 of 82 Contract#1621-1090:Resolution#2015-88 b. Outcomes - Measuring "Is anyone better off?" THESE OUTCOMES WILL NOT BE INCLUDED IN THE PERFORMANCE REVIEWS Outcome* Data Meaningful- Timing Associated Source/Measurement Improvement (when will Activity(ies) Tool(s) tools be collected) Parents/caregivers will Parental Stress Scale For participants Pre-test should Care decrease stress related to (PSS) scoring 38 or be administered Coordination parenting higher on the by the 2nd Care • # of items: 18 Pre-test, the Coordination • Scoring: Sum with meaningful session. Items 1, 2, 5, 6, 7, 8, improvement is 17, and 18 reverse measured by at Post-test should scored. least a 5 points be administered • Range: 18-90 (higher decrease from during the scores indicate greater pre to Post-test closing session. difficulty) or a Post-test score lower than 38. For participants scoring 37 or less on the Pre- est, the meaningful improvement is measured by a decrease or maintenance of he Pre-test score. Parents/caregivers will Strengths and Post-test score Pre-test should Care report a decrease in their Difficulties must be below be administered Coordination child's problem behavior Questionnaire (SDQ) 17. by the 2nd Care Coordination • # items: 20 session. • Scoring: Sum of scores in all of Post-test should the items of the 4 scales be administered (Emotional Symptoms during the Scale; closing session. Conduct Problems Scale; Hyperactivity Scale; Peer Problems Scale) • Range: 0-40 (higher scores indicate greater difficulty) City of Miami Beach Page 34 of 82 Contract#1621-1090;Resolution#2015-88 Parents/caregivers will Adult Adolescent Meaningful Pre-test should Care increase positive Parenting Inventory Improvement: be administered Coordination parent/child or family (AAPI): Constructs B Measured by a by the 2nd Care interactions. through E Post-test Sten Coordination • # items: 33 score of 5 or session. The AAPI is required from • Scoring: Sten Scores higher on each of Post-test should at least 10% of the families • Range: 1 (highest risk the constructs be administered served through Care of abusive parenting (out of the high during the Coordination behaviors) to 10 risk category) OR closing session. (lowest risk) for each a Post-test score construct. of 5 or higher on Construct B and An increase of 1 point in 2 of the 3 other constructs from Pre- to Post- test. Child/Youth does not fail School Report Card**: All four grades Data will be Care any core courses (English, Grades for English, should be higher collected/reporte Coordination math, science, social Math, Science and Social than F by the end d One-time, at studies) Studies of the school the end of the Scoring: Grade A-F in each year. school year. of the four core courses. Children/youth will not be School Records** If 2014-15 school Pre-test data Care suspended after receiving Scoring: Total # of records were used based on the Coordination services. as a Pre-test, latest school year outdoor/indoor Post-test should records to be suspensions from school. be equal to 0 reported at (zero). enrollment. If 2015-16 school records were used Mid-Test data as a Pre-test, based on school Post-test should records at the be equal to Pre- time of closing test. Post-test data based on end of school year records and reported in July. City of Miami Beach Page 35 of 82 Contract#1621-1090:Resolution#2015-88 Children/youth will improve School Report Participants who Pre-test data Care school attendance rate. Cards/Records** are at risk for based on the Coordination chronic latest school year Scoring: Attendance Rate absenteeism records to be % (Number of days absent (Absent 6% or reported at by the student divided by more days in the enrollment. the total number of school school year) will days offered). decrease their Post-test data risk by one or based on end of Bench Definition more benchmarks school year marks when comparing records and No risk Absent 0-5% Pre- to Post-test. reported in July of days in the school Participants not at year risk (94% or At risk Absent 6- higher 10% of days attendance) for in the school chronic year absenteeism will High Absent 11- maintain or Risk/Chr 20% or improve their onic more days in Attendance Rate Absence the school %. year Severe Absent 21% Risk/Chr or more onic days in the Absence school year **All providers will obtain parental consent using the form provided in order to comply with FERPA, prior to accessing FERPA-protected school records. Providers are encouraged to report school records directly into SAMIS in those circumstances where the provider has FERPA-compliant, direct, access to school records. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- City of Miami Beach Page 36 of 82 Contract#1621-1090;Resolution#2015-88 4. STAFF QUALIFICATIONS Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Position Management module of SAMIS. Position Title # Staff FT/ PT O/ Position Key. Qualifications Duties Status Effort Type Position for Svcs (X) Office 2 FT 100% Employe X Bachelor's degree Program supervision, Associate IV a or greater in contractor Public supervision, staff Administration, supervision, program Education, Social administration, Work, or other program operations, related field and Suspension Diversion at least three service delivery and years of client experience intake/enrollment, working within records keeping, community-based client contact and programs. One care coordination, year of relevant report preparation, experience may conduct home be substituted for visits/client intake, each year of develop required individualized Care education, up to Plans, innovate new two years. engagement and marketing strategies, seek funding opportunities, conduct fidelity reviews of all Partners and Partner staff. Case Worker 2 PT 100% Employe X High School Data entry, Assistant a Diploma or GED assistance with client and at least one contact and care year of coordination, experience provides client working transportation, in education, conduct client home human services, visits/intakes, filing youth programs and any other or related field necessary support or and bilingual direct service (English/Spanish) provision of program or (English/ activities. Creole). Valid driver's license. City of Miami Beach Page 37 of 82 Contract#1621-1090:Resolution#2015-88 Division 1 FT 10% Employe X Graduation from Oversee Service Director a an accredited Partnership college or operations, university with a supervision of Bachelor's or Program Master's Degree Coordinators, support with major Program course work in Coordinators' efforts public or business to secure and administration, diversify funding of social services or the Partnership. other related field. Experience can substitute for education on a year-for-year basis. * Provider is cautioned to review Attachment C to this contract for the terms of programmatic performance and data reporting requirements that must be followed in conjunction with the specific terms applicable to this contract in this Attachment A Scope of Services. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- City of Miami Beach Page 38 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET AND METHOD OF PAYMENT City of Miami Beach Page 39 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments equal to 15% of the total contract value. Advance requests shall be limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request must include the amount requested and a justification for the request.Advance requests must be submitted using the designated form and must be approved in writing by The Children's Trust Contract Manager and Chief Financial Officer or their designee. Advance repayment Advance repayment is due within 60 calendar days of receipt of the advance. Provider shall report the amount of the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS reimbursement screen. If a provider does not use SAMIS, then they are required to deduct their advance repayment from each invoice, consecutively, until the advance is repaid in full. Budget amendments/revisions Budget amendments/revisions require written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee. Request for budget amendments/revisions must be submitted to a Contract Manager using SAMIS, or the appropriate form, as designated by The Children's Trust. All budget amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be used to increase the total contract amount or to modify the Scope of Services. No more than two budget amendments/revisions may be approved during the contract term. Budget amendments/revisions will be disallowed if they seek to revise retroactive costs not previously budgeted. All amendments/revisions must adjust for operational activity effective as of the previously billed period. Budget amendment/revision requests must be submitted sixty (60) days prior to the expiration of contract. Budget amendments/revisions will be incorporated into the contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract amount. List of Approved Certified Public Accountants or Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, provider must choose from a list of approved independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust website. Inclusion in this pre-approved vendor pool requires that a CPA firm meet the following three criteria: (a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified Public Accountants (FICPA) peer review program as evidenced by submitting a triennial System Review Report with a passing score to The Children's Trust; (b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental accounting and/or nonprofit accounting with the application of Government Auditing Standards and (c) completion of an annual CPA training session sponsored by The Children's Trust finance department. Direct Deposit of Payment As a requirement of this Contract with The Children's Trust, Provider agrees that prior to, or on the date commencing the effective term of this Contract, Provider will enroll in The Children's Trust direct deposit program.The direct deposit program requires that all reimbursements received from The Children's Trust are directly deposited into the Provider's designated bank account held in a United States financial institution.The format, including the terms and conditions for the direct deposit of payment, can be found at http://www.thechildrenstrust.org/providers/forms/direct-deposit- enrollment. City of Miami Beach Page 40 of 82' Contract#1621-1090;Resolution#2015-88 Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and/or approved budget amendments/revisions as set forth in this attachment. Provider also agrees to pay its subcontractors, vendors and employees for the fulfillment of services provided in this contract, on a timely basis. Invoice Requirements Provider shall submit an electronic request for payment in the SAMIS system in accordance with the approved budget or budget amendments/revisions. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were paid (exclusive of legal holidays or weekends). The Children's Trust will consider all invoices received after the fifteenth (15th) of each month as late,even if the cause of a late submission is due to the delayed approval of a budget or amendment in the SAMIS system. The Children's Trust agrees to reimburse Provider on a monthly basis. Any expense,included on a SAMIS reimbursement that is dated greater than two months prior to the invoice period will not be approved. The Children's Trust reserves the right to request any supporting documentation related to this contract. If there are subcontractors to this contract, then the Form D: Attestation of Payment must be either uploaded to the SAMIS Document Repository no later than 30 days after payment to subcontractor. Upon the close of this contract, Provider is required to complete Form E: Close-out Attestation of Payment, which must be uploaded to the SAMIS Document Repository no later than thirty(30) days after payment to subcontractor. These forms may be downloaded from The Children's Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this contract. A final request for payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this contract. If Provider fails to comply, then all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds,which are not in accordance with this contract, and to which it is not entitled, then Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment within thirty (30) days of notification by The Children's Trust. After thirty (30) days, The Children's Trust may recapture amounts due to The Children's Trust, from this or any contract by reducing amounts requested to be reimbursed less the amount owed to The Children's Trust. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this contract,and The Children's Trust's decision on this matter shall be binding. In the event that Provider, its independent CPA firm or The Children's Trust discovers that an overpayment has been made, Provider shall repay the overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the contract, then The Children's Trust may amend the contract to reduce the amount of dollars. Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for under- serving participants in accordance with the contract. A SAMIS request for payment will be deemed proper as defined by the Florida Prompt Payment Act, if the request complies with the requirements set forth in this contract and is submitted on the forms prescribed by The Children's Trust. Requests for payment and/or documentation returned to Provider for corrections may be cause for delay in the receipt of payment. Late submission may result in delay in the receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment (i.e., SAMIS invoice) and/or other required documentation. �a The Children's Trust may retain any payments due until all required reports, deliverables or monies owed to The Children's Trust are submitted and accepted by The Children's Trust. City of Miami Beach Page 41 of 82 Contract#1621-1090;Resolution#2015-88 Supporting Documentation Requirements Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services.Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider shall keep accurate and complete records of any fees collected, reimbursement or compensation of any kind received from any client or other third party, for any service covered by this contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that is used to allocate its costs to ensure that The Children's Trust is paying only its fair share of costs for services, overhead and staffing devoted to the program funded by this contract. Such methodology shall be made available to The Children's Trust upon request. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK - City of Miami Beach Page 42 of 82 Contract#1621-1090;Resolution#2015-88 Budget Summary Report-Attachment B City of Miami Beach-SPB 1621-1090/SPP 1579-1090 City of Miami Beach Success University Fiscal Year 15-16(8/1/15-7/31/16) Contract#:1621-1090 CSC Program Allocation:$425,000 Budget Status:Submitted Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 153,752.00 137,098.00 137,098.00 521 FICA/MICA 2,232.00 1,990.00 1,990.00 522 Retirement Contributions 6,798.00 5,798.00 5,798.00 523 Life and Health Insurance 35,398.00 33,019.00 33,019.00 524 Workers Compensation 462.00 412.00 412.00 525 Unemployment Compensation 0.00 0.00 0.00 Salary Totals: 198,642.00 178,317.00 178,317.00 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 0.00 0.00 0.00 532 Travel(participants) 6,528.00 4,136.00 4,136.00 533 Meals(participants) 3,078.00 3,078.00 3,078.00 534 Space 0.00 0.00 0.00 535 Utilities 15,081.00 204.00 204.00 536 Supplies(office) 1,591.00 791.00 791.00 537 Supplies(program) 1,075.00 1,075.00 1,075.00 540 Non-Capital Equipment 0.00 0.00 0.00 550 Capital Equipment 0.00 0.00 0.00 591 Indirect Cost 0.00 0.00 0.00 611 Subcontractor 191,297.00 191,297.00 191,297.00 711 Professional Services(instructors) 29,382.00 29,382.00 29,382.00 721 Professional Services(certified teachers) 0.00 0.00 0.00 731 Professional Services(tutors) 0.00 0.00 0.00 741 Professional Services(consultants) 0.00 0.00 0.00 791 Professional Services(other) 9,720.00 9,720.00 9,720.00 811 Other(advertising) 0.00 0.00 0.00 821 Other(background screening) 225.00 0.00 0.00 831 Other(admission to field trips) 0.00 0.00 0.00 891 Other(other) 13,500.00 3,500.00 3,500.00 529 Fringe Benefits(other) 0.00 0.00 0.00 841 Program Specific Audit , 3,500.00 1,500.00 1,500.00 751 Professional Services(Evaluation) 0.00 0.00 0.00 City of Miami Beach Page 43 of 82 Contract#1621-1090;Resolution#2015-88 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 851 Other(Volunteers) 0.00 0.00 0.00 852 Other(Special Events) 0.00 0.00 0.00 853 Other(Required Staff Training) 0.00 0.00 • 0.00 854 Other(Discretionary Funds) 2,000.00 2,000.00 2,000.00 855 Other(conference registration) 0.00 0.00 0.00 Expense Totals: 276,977.00 246,683.00 246,683.00 Salary and Expense Totals: 475,619.00 425,000.00 425,000.00 Program Funders Summary Funders Funder Type Funder Total Comment In-Kind Contributions In-Kind Contributions(Summary) 50,619.00 Salary,benefits,space,utilities, transportation,audit,and emergency services are provided in-kind by the City of Miami Beach. 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U U U N 'C nj 7 n U to C 7 a U p) C 7 co < co 0 u, m < < co 0 m Q < co O O 2 O vi m Q N co 0 0 O 0 0 d N of 0 a CD on a) m m c» N Ql 2 2 a a. C C m m E E a a o 0 .. 0 0 • n 'o c cr,m co m Cf N CI Cr. aC O o 0 m ri m o Cf CO Cf °o_ 13 v CO• (D m N C3 N V U) V V o .o C C m m E E a a o 0 ▪ o �, o m• c- m o -a 0 0) 00_ > > M m a C.) N C) cn Cl) Of 9) O O co c Lo 0 N C O O N co Q) _c 0, p H O C a) m U) a W a N CO O aO 10 UU W (n ATTACHMENT C PROGRAMMATIC/INITIATIVE PERFORMANCE AND DATA REPORTING REQUIREMENTS itoy,i;orfaNc4titri11161237:10;Resolution#2015-88 Page 61 of 82 Attachment C: Data Requirements and Program Progress Metrics � 9 9 SERVICE PARTNERSHIPS The Children's Trust requires collecting ongoing measures of progress on the quantity, quality and effects of service efforts. The purpose of data collection, reporting and analysis is to promote continuous improvements in program quality and outcome achievement. Successful programs regularly monitor the quality of their own implementation at the site level, offer staff training and coaching on program components, and incorporate feedback from participants and staff. Program progress metrics may be revised throughout the funding cycle depending on the initiative needs and additional program data. PARTICIPANT DEMOGRAPHICS DATA REQUIREMENT PROGRAM PROGRESS METRICS Participant Demographics: Providers are Target Population: Providers are expected to expected to collect and report the participant enroll and serve participants who meet the identifiable information specified in the Child and eligibility criteria, identified in the Target Adult Information Forms and in the demographics Population section of Attachment A. screens in our data reporting system. Families of Children with Disabilities: Providers will update participant demographics Programs are expected to serve the number regularly when new information is collected (e.g., of families with children with disabilities new address, grade level). specified in Attachment A. PARTICIPANT ATTENDANCE DATA REQUIREMENT CONTRACT PROGRESS METRICS.. Attendance-based Data: Attendance-based Program Participation: Programs are expected activities are ongoing intensive services that to ensure that services offered are being represent the core program activities and are utilized by participants. attended by participants regularly (typically more Participant Retention: The contracted number than two times). of participants are receiving the contracted number of sessions (i.e., the expected and appropriate dosage) Group-based Data: Group-based activities are Programs are expected to ensure that one or two time events for which demographics activities are offered and conducted as and individual attendance are not collected. specified in Attachment A. These activities are generally open to the public and do not require program enrollment. They are reported in the data system using aggregate attendance numbers. City of Miami Beach Page 62 of 82 Contract#1621-1090;Resolution#2015-88 PARTICIPANT OUTCOMES DATA REQUIREMENT CONTRACT PROGRESS METRICS. Performance Measures (PM) Data: Measures Participant Testing/Timely Screenings: Providers of participant outcomes should be used both are expected to collect and report on the for the purposes of understanding and outcome measures and screening tools tailoring to meet individual needs at program identified in Attachment A on a timely and. entry (pre-tests) and for tracking changes or accurate manner. benefits realized over the course of the Actual Outcome Achievement: Refers to the program (through comparing pre/post- number and percentage of participants who tests). The specific outcomes and meet each required outcome in relation to the administration points for each contract are number of participants who were expected to described in detail in Attachment A. meet it. If the original formats of the required Timely Referral/Referral Completion: Based on measures are not appropriate for some the results of the screenings specified in participants, providers may utilize approved Attachment A, providers are expected to adaptations or alternate assessments, in connect families with identified services needed. consultation with The Trust and its program In addition to providing timely referrals, and professional development providers. providers are expected to follow up to ensure families are receiving the quality services they need. PROGRAM QUALITY MEASURES DATA REQUIREMENT CONTRACT PROGRESS METRICS Satisfaction Survey: Providers are expected Participant Satisfaction: Satisfaction surveys to administer satisfaction surveys to all help gauge various dimensions of participants' parents upon completion of services or at the and caregivers' overall satisfaction with end of the contract year if the family is programming (including safety, program rolling over into the next year. The Trust's elements most liked and those in need of satisfaction survey guidelines can be found change, and whether the programming help at The Children's Trust website. children, or other participants). Providers Providers are required to submit a summary should be able to describe how they use of their satisfaction survey results through a Participant feedback to continuously learn about web-based reporting system. ways to improve their programs. City of Miami Beach Page 63 of 82 Contract#1621-1090;Resolution#2015-88 PROGRAM QUALITY MEASURES DATA REQUIREMENT CONTRACT PROGRESS METRICS Personnel Records: Staff Qualifications and Retention: Providers are expected to hire Providers shall maintain and retain staff and subcontractors with the necessary a personnel file for each qualifications/credentials. Providers are expected to produce proof of staff member involved required experience, education, and certifications/licensures as in the program, specified in Attachment A, staffing table. including in-kind staff Professional Development: Providers are expected to create and and volunteers. Each file implement a program and professional development plan that meets should contain, at a all training and certification requirements of the selected EBP(s) and minimum, background tools as applicable. screening results, proof of required education, Trust-sponsored/facilitated Trainings: Providers must ensure professional appropriate staff and subcontractors attend various trainings development provided by The Trust's program and professional development credits/non-credits providers annually. At a minimum, staff will be required to attend hours, and any required the following annually: certifications or • New and renewal contract development; licensures. • Contract management trainings; • The Children's Trust provider meetings • SAMIS training for budgets, amendments, invoices, SAMIS programmatic and reports trainings. • Content specific trainings related to program quality and performance measures. Program Service Activities Observation: Supervisors must regularly monitor staff as Delivery: Providers are well as subcontractors using the appropriate fidelity tool as well as expected to deliver hold regular reflective supervision meetings to ensure high quality contracted services with service delivery. The Trust will complete various program fidelity to Attachment A. observations and monitoring site visits throughout the contract year. Program observation visits may be announced or unannounced. In addition, providers are expected to participate in technical assistance and quality improvement activities provided by professional development providers. ADDITIONAL REQUIREMENTS Compliance Items: Provider shall comply with all applicable compliance items specified in the core contract, related contract attachments, and the "Required Documentation Checklist" posted on The Children's Trust website. Accommodations for Families of Children with Disabilities: The Children's Trust expects all programs to serve families of children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the Americans with Disabilities Act(ADA). Providers who need assistance in determining whether they can safely and reasonably accommodate a family must contact their assigned Inclusion Specialist from the resources available through The Children's Trust. All families must be admitted into programs unless the assigned Inclusion Specialist determines reasonable accommodations cannot be made. Program Narrative Report: The Program Narrative Report captures a brief report of the program's successes, challenges, and support needed. The report will be submitted to The Trust via the web- based reporting system and following the guidelines provided in the Data Reporting Timeline below. City of Miami Beach Page 64 of 82 Contract#1621-1090;Resolution#2015-88 Accurate Timely Data Entry: Providers are expected to enter demographic, attendance, screening, and assessment data in a timely manner, contributing to data accuracy and real time use of data. Providers are expected to have processes in place to ensure data quality and integrity. Providers are expected to collect and report outcome and screening data on all participants in our data reporting system. Data Reporting Timeline: Provider shall comply with the web-based reporting requirements set forth in the tables below. With each submission, Provider shall attest, based on his/her best knowledge, information and belief, that all data submitted in conjunction with the reports are accurate, truthful and complete. Providers will report individual participant attendance for each month by the 15th of the following month at the latest. Due Date* What to Report in the Web-Based Reporting System 15th Day - Prior month's new participant demographics, attendance data, screening data, Each Month and any testing data November - Program Narrative Report (For services and activities rendered in August, 15th September, and October) February - Program Narrative Report (For services and activities rendered in November, 15th December, and January) May 15th - Program Narrative Report (For services and activities rendered in February, March, and April) - Aggregated satisfaction survey responses August 15th - Program Narrative Report (For services and activities rendered in May, June, and July) *NOTE: If a reporting due date falls on a weekend or holiday, the document shall be due on the following business day. -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- City of Miami Beach Page 65 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT D PROGRAM SPECIFIC AUDIT REQUIREMENTS City of Miami Beach Page 66 of 82 Contract#1621-1090;Resolution#2015-88 Attachment D Program Specific Audit Requirements The Program Specific Audit must encompass an audit of The Children's Trust contracts in accordance with section 03: Program Specific Audit of this contract. The comprehensive nature of auditing performed in accordance with the standards set forth below places on the independent certified public accounting firm (CPA) the responsibility for ensuring that (1)the audit is conducted by personnel who have the necessary skills; (2) independence is maintained; (3) applicable standards are followed in planning and conducting audits and reporting the results; (4) the organization has an appropriate internal quality control system in place; and (5) the organization undergoes an external quality control review. Program Specific Audits must be conducted in compliance with AU-C 935 and are required to include performing tests of controls over compliance. An auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance; and in doing so;the assessed control risk must be assessed at low during the planning stage. If the auditor determines a lack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are not effective regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency or material weakness)should be reported. The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust contracts. The Program Specific Audit requires the following components (a sample format may be found on The Children's Trust website): a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts; b. Schedule of Expenditures of The Children's Trust Contracts; c. Notes to Schedule; d. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control over Compliance;and e. Schedule of Findings and Questioned Costs. At a minimum, the auditor must include the following tests in their audit program to ensure that the compliance requirements set forth in The Children's Trust compliance supplement are met. They are: The Children's Trust Compliance Supplement to the Program Specific Audit: Compliance Requirement Program Specific Audit Example Implication a). Internal Controls 1). An auditor's risk assessment A). Controls tested during the must include an expectation of financial statement audit may the operating effectiveness of not consider compliance as it controls over compliance; and relates to the Children's Trust in doing so;the assessed contracts. Overall control risk control risk must be assessed at must consider each low during the planning compliance requirement tested stage. If the auditor determines during the program specific a lack of controls and identifies audit. Separate risk assessment risk of material noncompliance procedures and materiality that demonstrates internal should be performed and controls do not exist or are not generated for a program effective regarding the specific audit. compliance requirement,a response to such risks should be developed, and a finding (significant deficiency or City of Miami Beach Page 67 of 82 Contract#1621-1090;Resolution#2015-88 Compliance Requirement Program Specific Audit Example Implication material weakness) should be reported. The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust contracts. b). Budget vs.Actual 1).The approved budget is to A). Testwork should include a Expenditures include the original approved schedule identifying each contract as well as any contract and its approved budget original/amended budget, amendments/revisions. monthly billings,contract utilization and any analytical expectations that may identify any overbillings. i. SAMIS does not allow providers to overbill any budgeted line item or contract allocation, however, if contract utilization is greater or less than expected,this could indicate that a budgeted salary rate is not the employee's actual rate. Provider must compensate employees at the rate stated on the budget. Any difference in rate would warrant a finding in the Program Specific Audit Report. c).Allowable/Unallowable 1). Requires that the nature of A). If Provider asks to be Activities and Costs services and type of costs paid reimbursed for 6 field trips to are in agreement with the teach children social skills,then contractual budget and/or were those field trips Common unallowable costs: budget amendment/revision's enumerated in either the 1. Salary rates, payroll methods scope of services and budget contractual budget narrative or and hours billed do not match guidelines. the contractual Scope of original or amended budgets. AND/OR Services? B). If the contractual budget, 2. The amount of fringe lists a Program Coordinator benefits billed to the Trust is Requires that activities position at$25.00/hour, then actually for employees not performed or costs paid with included in contract budget does the provider actually pay g The Children's Trust funds are and charge The Children's Trust and unrelated to the program. listed in the contractual budget $25.00/hour? narrative or a contractual City of Miami Beach Page 68 of 82 Contract#1621-1090;Resolution#2015-88 Compliance Requirement Program Specific Audit Example Implication 3. Professional services are budget amendment/revision C). If the contractual budget, billed within regular salaries and narrative. lists a Program Coordinator's wages. position,with dedicated time 4. Capital purchases disguised 2). Any cost or service billed charged to The Children's Trust as repairs. that is not approved in the program of 25%, then does the 5. Sales taxes and tips. contract budget is a finding provider keep records of an and reported as a questioned employee's time to 6. Fuel cost on the Program Specific substantiate that 25%of time 7. Food and beverage costs for Audit Report. was in fact earned and parties, celebrations,end-of- charged to The Children's Trust program events,and program? conferences or conventions, 3)• If any cost or service is billed unless while attending an out- in more than one contract, and the billings are in excess of the D). If 3 contracts list a Program of-town conference or total disbursement, or Coordinator's total budgeted convention. approved allocation, the salary as$100,000 and each 8. Monetary gift cards as expense has been overbilled or contract will reimburse$35,000 incentives. doubled billed and should be (35%), then a possible (A detailed listing of all costs considered a finding. overbilling of$5,000 may have and activities considered occurred ($35,000*3=$105,000 allowed and un-allowed can or 35%*3=105%Children's Trust 4). Children's Trust funds must salary allocation). be viewed in the Budget supplement a program, Guidelines form on the supplanting is unallowable. A Children's Trust website, provider may not use contract E). If an invoice is submitted to www.thechildrenstrust.ora/provi funds to defray any costs that The Children's Trust that ders/forms.) the recipient already is includes food charges for end obligated to pay. (See of the year parties and example F) celebrations, is that cost allowable per The Children's Trust budget guidelines? Food costs for end of year celebrations are NOT allowable per The Children's Trust budget guidelines. F). If a provider, prior to applying to participate in the contracted program, had committed to purchase 10 new computers for another program,then the provider must purchase those 10 computers in addition to any computers requested for the Children's Trust program. d). Cash Management 1). With the exception of the A). If payroll is paid on 3/31, is it last month of the contract included in March's period, do monthly invoices reimbursement? represent cost actually paid during the contract period B). If payroll is paid on 4/1, but (cash basis),rather than costs represents time charged in incurred or accrued. March, is it included in April's reimbursement? City of Miami Beach Page 69 of 82 Contract#1621-1090;Resolution#2015-88 Compliance Requirement Program Specific Audit Example Implication e). Period of Availability 1). Requires Provider to charge A). If the active contract period The Children's Trust grant with extends from 8/1/15 through only allowable costs resulting 7/31/16, and Provider expenses from obligations incurred during $250.00 for office supplies on the funding period. 9/30/15, does that expenditure apply to the active contract period? B).The following items warrant the most attention at the beginning and end of contract periods: i. Payroll from expired contract is billed in the first month of renewed contract is unallowable if it was paid during the invoiced month but was incurred in prior contract. Reporting requirements for final invoice allow this payroll to be expensed and reimbursed in prior contract. Only the portion of payroll incurred during the contract period may be billed. ii. Utilities iii. Insurances f).Special Provisions 1). Eligibility requirements Each of the following special related to contract provisions must be tested: expectations such as type of A). Insurance requirements participants served, number of (further description in Section K participants served and of Core Contract) background checks should NOT be tested as part of The i. Auditor should Children's Trust program determine if all specific audit. The program applicable insurance specific audit is meant to test policies were carried the fiscal viability of the during the fiscal year. provider. Therefore, certain B). Proof of tax status (further core contract provisions that description in Section L) support the fiscal viability of the provider should be tested. ii. Auditor should vouch to applicable documents verifying that all incurred payroll and unemployment taxes have been paid. C). Data security obligation (further description in Section 0.12 of the Core Contract) City of Miami Beach Page 70 of 82 Contract#1621-1090;Resolution#2015-88 Compliance Requirement Program Specific Audit Example Implication i. Auditor should obtain and/or understand the Provider's data security policy. D).Subcontractor agreements (if applicable) i. Auditor should obtain and understand any agreements made with subcontracted parties. Additionally,the auditor should obtain an understanding of any Provider monitoring procedures. E). Matching Funds i. In some cases, a required match is contracted. This will be indicated in Section D of the base contract. Verify the applied method the provider uses to satisfy match requirements. Also, verify that provider maintains documentation to backup match requirements. The independent auditor's report shall state that the audit was conducted in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the Program Specific Audit requirements listed in The Children's Trust contract. City of Miami Beach Page 71 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT E- 1 AFFIDAVIT UNDER PENALTY OF PERJURY FOR LEVEL 2 BACKGROUND SCREENINGS Page 72 of 82 lOynrfalCIt7tn;1637Z0 Resolut on#2015 88 ATTACHMENT E-1 Affidavit under Penalty of Perjury for Level 2 Background Screenings Affidavit under Penalty of Perjury Affirming Compliance with Background Screening for Provider Personnel,Volunteers, and Subcontracted Personnel, as applicable. In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph R. Background Screening of this Contract,the undersigned affiant makes the following statement under oath and under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers provided to the program by a subcontractor have been checked against The Dru Sjodin National Sex Offender Public Website http://www.nsopw.gov/eng (Check must have taken place within 30 calendar days prior to the signing of this document.) STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared (CEO/Executive Director) Authorized Provider Representative of City of Miami Beach, who being by me first duly sworn, deposes and says: I swear and affirm that the above-named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. (Signature of CEO/Executive Director/HR Director) Date Sworn to and subscribed before me at Miami-Dade County, Florida this_day of , 20_by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: City of Miami Beach Page 73 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT E-2 CHILD CARE AFFIDAVIT OF GOOD MORAL CHARACTER City of Miami Beach Page 74 of 82 Contract#1621-1090;Resolution#2015-88 01 P`'d ° ATTACHMENT E-2 _r7 °' CHILD CARE•: AFFIDAVIT OF GOOD MORAL CHARACTER Mutt FAAA9 Hi.;COM State of Florida County of Before me this day personally appeared who,being duly sworn,deposes and says: (Applicant's/Employee's Name) As an applicant for employment with,an employee of,a volunteer for,or an applicant to volunteer with ,I affirm and attest under penalty of perjury that I meet the moral character requirements for employment,as required by Chapter 435 Florida Statutes in that: I have not been arrested with disposition pending or found guilty of,regardless of adjudication,or entered a plea of nolo contendere or guilty to,or have been adjudicated delinquent and the record has not been sealed or expunged for,any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction for any of the offenses listed below: Relating to: Section 393.135 sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct Section 394.4593 sexual misconduct with certain mental health patients and reporting of such sexual misconduct Section 415.111 adult abuse,neglect,or exploitation of aged persons or disabled adults or failure to report of such abuse Section 741.28 criminal offenses that constitute domestic violence,whether committed in Florida or another jurisdiction Section 777.04 attempts,solicitation,and conspiracy Section 782.04 murder Section 782.07 manslaughter,aggravated manslaughter of an elderly person or disabled adult,or aggravated manslaughter of a child Section 782.071 vehicular homicide Section 782.09 killing an unborn child by injury to the mother Chapter 784 assault,battery,and culpable negligence,if the offense was a felony Section 784.011 assault,if the victim of offense was a minor Section 784.03 battery,if the victim of offense was a minor Section 787.01 kidnapping Section 787.02 false imprisonment Section 787.025 luring or enticing a child Section 787.04(2) taking,enticing,or removing a child beyond the state limits with criminal intent pending custody proceeding Section 787.04(3) carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person Section 790.115(1) exhibiting firearms or weapons within 1,000 feet of a school Section 790.1 15(2)(b) possessing an electric weapon or device,destructive device,or other weapon on school property Section 794.011 sexual battery Former Section 794.041 prohibited acts of persons in familial or custodial authority Section 794.05 unlawful sexual activity with certain minors Chapter 796 prostitution Section 798.02 lewd and lascivious behavior Chapter 800 lewdness and indecent exposure Section 806.01 arson Section 810.02 burglary Section 810.14 voyeurism,if the offense is a felony Section 810.145 video voyeurism,if the offense is a felony Chapter 812 theft and/or robbery and related crimes,if a felony offense Section 817.563 fraudulent sale of controlled substances,if the offense was a felony Section 825.102 abuse,aggravated abuse,or neglect of an elderly person or disabled adult Section 825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult Section 825.103 exploitation of disabled adults or elderly persons,if the offense was a felony Section 826.04 incest Section 827.03 child abuse,aggravated child abuse,or neglect of a child Section 827.04 contributing to the delinquency or dependency of a child Former Section 827.05 negligent treatment of children Section 827.071 sexual performance by a child Section 843.01 resisting arrest with violence Section 843.025 depriving a law enforcement,correctional,or correctional probation officer means of protection or communication Section 843.12 aiding in an escape Section 843.13 aiding in the escape of juvenile inmates in correctional institution City of Miami Beach Page 75 of 82 Contract#1621-1090;Resolution#2015-88 Chapter 847 obscene literature Section 874.05(1) encouraging or recruiting another to join a criminal gang Chapter 893 drug abuse prevention and control only if the offense was a felony or if any other person involved in the offense was a minor Section 916.1075 sexual misconduct with certain forensic clients and reporting of such sexual conduct Section 944.35(3) inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm Section 944.40 escape Section 944.46 harboring,concealing,or aiding an escaped prisoner Section 944.47 introduction of contraband into a correctional facility Section 985.701 sexual misconduct in juvenile justice programs Section 985.711 contraband introduced into detention facilities I understand that I must acknowledge the existence of any applicable criminal record relating to the above lists of offenses including those under any similar statute of another jurisdiction,regardless of whether or not those records have been sealed or expunged.Further,I understand that,while employed or volunteering at in any position that requires background screening as a condition of employment,I must immediately notify my supervisor/employer of any arrest and any changes in my criminal record involving any of the above listed provisions of Florida Statutes or similar statutes of another jurisdiction whether a misdemeanor or felony.This notice must be made within one business day of such arrest or charge.Failure to do so could be grounds for termination. I attest that I have read the above carefully and state that my attestation here is true and correct that my record does not contain any of the above listed offenses.I understand,under penalty of perjury,all employees in such positions of trust or responsibility shall attest to meeting the requirements for qualifying for employment and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses.I also understand that it is my responsibility to obtain clarification on anything contained in this affidavit which I do not understand prior to signing.I am aware that any omissions,falsifications,misstatements or misrepresentations may disqualify me from employment consideration and,if I am hired, may be grounds for termination or denial of an exemption at a later date. SIGNATURE OF AFFIANT: Sign Above OR Below,DO NOT Sign Both Lines To the best of my knowledge and belief,my record contains one or more of the applicable disqualifying acts or offenses listed above.I have placed a check mark by the offense(s)contained in my record.(If you have previously been granted an exemption for this disqualifying offense,please attach a copy of the letter granting such exemption.)(Please circle the number which corresponds to the offense(s)contained in your record.) SIGNATURE OF AFFIANT: Sworn to and subscribed before me this day of ,20 . SIGNATURE OF NOTARY PUBLIC,STATE OF FLORIDA (Print,Type,or Stamp Commissioned Name of Notary Public) (Check one) Affiant personally known to notary OR Affiant produced identification Type of identification produced: City of Miami Beach Page 76 of 82 Contract#1621-1090;Resolution#2015-88 1 , ATTACHMENT E-3 CHILD ABUSE & NEGLECT REPORTING REQUIREMENTS City of Miami Beach Page 77 of 82 Contract#1621-1090;Resolution#2015-88 �\ • ATTACHMENT E-3 aw ,: a * a,u Child Abuse & Neglect Reporting Requirements kl All child care personnel are mandated by law to report their suspicions,of child abuse, neglect, or abandonment to the Florida Abuse Hotline in accordance with s. 39.201 of the Florida Statutes (F.S.). * Child care personnel must be alert to the physical and behavioral indicators of child abuse and neglect. "Child Abuse or Neglect" is defined in s. 39.201, F.S., as `charm or threatened harm"to a child's health (mental or physical)or welfare by the acts or omissions by a parent, adult household member, other person responsible for the child's welfare, or for purposes of reporting requirements by any person. Categories include: - Physical Abuse or Neglect(i.e. unexplained bruises, hunger, lack of supervision...) - Emotional Abuse or Neglect(i.e. impairment in the ability to function, depression...) -Sexual Abuse (i.e. withdrawal, excessive crying, physical symptoms...) * Reports must be made immediately to the Florida Abuse Hotline Information System by -Telephone at 1-800-96-ABUSE (1-800-962-2873), or -Fax at 1-800-914-0004,or -Online at http://www.dcf.state.fl.us/abuse/report/. * Failure to perform duties of a mandatory reporter pursuant to s. 39.201, F.S. constitutes a violation of the standards in ss.402.301-319, F.S. and is a felony of the third degree. Remember,, it is each child care personnel's responsibility to report suspected abuse and/or neglect. * All reports are confidential. However, persons who are mandated reporters (child care personnel)are required to give their name when making a report. * It is important to give as much identifying and factual information as possible when making a report. * Any person,when acting in good faith, is immune from liability in accordance with s. 39.203(1)(a), F.S. * For more information about child abuse and neglect, visit the Department's website at www.myflorida.com/childcare and select"Training Requirements."The Department offers a 4-hour Identifying and Reporting Child Abuse and Neglect course for child care providers.This course is an overview of the various types of abuse and neglect, indicators that may be observed, the legal responsibility of mandatory reporters, and the proper procedure for reporting abuse and neglect, as required by ss.402.305(2)and 402.313(1), F.S.The course is offered both online and instructor-based throughout Florida. This statement is to verify that on , 20 , I, Date Print Name of Employee Read and understood the information and my mandated reporting requirements. Signature of Employee (for facility or large family child care home) Signature of Operator City of Miami Beach Page 78 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT E-4 BACKGROUND SCREENING & PERSONNEL FILE REQUIREMENTS City of Miami Beach Page 79 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT E-4 „"S'' \ t: ,�;; rr., BACKGROUND SCREENING & PERSONNEL FILE REQUIREMENTS Place in employee file and attach all background screening documentation. kleA � Authority: s. 402.301-319, F.S., and s. 435, F.S. itYF LI-AM fLi.MCOM Name of Employee: Name of Facility: *Social Security#: Date of Birth: Employment Date: *Pursuant to Chapter 435.05,F.S.,the Department's license/registration application requires personnel to give their Social Security number for the purposes of background screening.Social security numbers are used by the Department for identity verification only. Position Classification Position Type Age Group Assigned Education Level (check one) (check all that apply) (check one) (check one) Child Care Personnel Owner 0—12 Months No High School/GED Intermittent Volunteer Director 1 Year High School Student Other Personnel Lead Teacher(must 2 Years High School/GED select age group) 3 Years National Early Childhood Credential VPK Instructor 4 Years Birth Through Five Child Care Credential Assistant Teacher 4 Years VPK School-Age Child Care Credential Substitute 5+Years Associates Degree Mixed Bachelor's Degree Not Applicable Master's Degree or Higher SCREENING DOCUMENTATION, All child care personnel are required by law to be screened pursuant to Chapter 435, F.S., as a condition of employment and continued employment. Initial Screen Date Livescanned Date completed FINGERPRINT FDLE/FBI FDLE/FBI Affidavit of Good Moral Character N/A (due on or before employment, following a 90 day break, or when changing employers) 5 Year Re-screen Date Livescanned Date completed FINGERPRINT FINGERPRINT FINGERPRINT OTHER REQUIREMENTS Date Employment References Checked: Names of References (attach additional documentation if necessary): Leave of Absence Documentation from Employer(if applicable) City of Miami Beach Page 80 of 82 Contract#1621-1090;Resolution#2015-88 ATTACHMENT G DATA SECURITY DEFINITIONS City of Miami Beach Page 81 of 82 Contract#1621-1090;Resolution#2015-88 . i ATTACHMENT G Data Security Definitions "Authorized Employees" means Provider's employees who have a need to know or otherwise access Personal Information to enable Provider to perform its obligations under this Agreement. "Authorized Persons" means (i) Authorized Employees; or (ii) Provider's subcontractors approved by The Children's Trust who have a need to know or otherwise access Personal Information to enable Provider to perform its obligations under this Agreement, and who are bound in writing by confidentiality obligations sufficient to protect Personal Information in accordance with the terms and conditions of this Agreement. "Unauthorized Third Party" means any person other than Authorized Employee or Authorized Person(s). "Highly-Sensitive Personal Information" means an individual's (i) government-issued identification number (including, without limitation, social security number, driver's license number or state-issued identified number); (ii)financial account number,credit card number,debit card number,credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual's financial account; or (iii) biometric or health data. "Personal Information" includes Highly-Sensitive Personal Information or any of the following: (i) An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required . security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition,or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. (ii) User name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. Notwithstanding the foregoing,the term "Personal Information"shall not include information (1) about an individual that has been made publicly available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. "Security breach"or"breach"means unauthorized access of data in electronic form containing personal information, or a breach or alleged breach of this Agreement relating to such privacy practices. Good faith access of Personal Information by an employee or agent of the covered entity shall not constitute a breach of security under this Agreement, so long as the information is not used for a purpose unrelated to the business of The Children's Trust, or as a result of any other unauthorized use. City of Miami Beach Page 82 of 82 Contract#1621-1090;Resolution#2015-88