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Contract No. 1616-1090 with the Children's Trust FY 2015-2016 CONTRACT NO. 1616-1090 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI BEACH FOR YOUTH ENRICHMENT, EMPLOYMENT AND SUPPORTS 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 1'@11'�l�l 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. D. TOTAL FUNDING Subject to the availability of funds,the maximum amount payable for Services rendered under this Contract shall not exceed $312,550.00, 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 I , 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 92 Contract#1616-1090;Resolution#2015-89 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;" 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. City of Miami Beach Page 9 of 92 Contract#1616-1090;Resolution#2015-89 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.orq 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 92 Contract#1616-1090;Resolution#2015-89 8. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings,reviews and evaluations of the program which is the subject of this contract,including any subcontracts under this contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will remedy all deficiencies cited within the period of time specified in the report. 9. Client Records Pursuant to Florida Statute 1 19.071(5),The Children's Trust collects the last four digits of social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); and (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 10. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) 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 92 Contract#1616-1090;Resolution#2015-89 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 Highly-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 92 Contract#1616-1090;Resolution#2015-89 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.org 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 92 Contract#1616-1090;Resolution#2015-89 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 8.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 92 Contract#1616-1090;Resolution#2015-89 • 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 11A 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 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 92 Contract#1616-1090;Resolution#2015-89 English: City of Miami Beach, Miami Beach All Stars 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, Miami Beach All Stars 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,Miami Beach All Stars 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 92 Contract#1616-1090:Resolution#2015-89 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 BEACH THE CHILDREN' TRUST MIAMI-DADE � OUNTY, F •RIDA MIAMI-D E C UNTY, FLORIDA By:_ By: (Signature f Aut •rized Representative) (Signature) T; INA ■^Y ► iM®2AL_ . lmran All (Type/Print Name) C s Tl/ M A w A G E 12 Interim President and CEO (Type/Print Title) Date: 1 c: 1'7 I° Date: APPROVED AS TO Provider Federal ID#59-6000372 FORM & LANGUAGE Provider Vendor ID#CITYO109 & FO EXECUTION � - 7...c,--(5 Approved as to form and legal sufficiency City Attorney Date WOAdi Date: IDI2o115 County Attorney This contract is not valid until signed by both parties. City of Miami Beach Page 19 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT A SCOPE OF SERVICE :3 "( J 3 d X, City of Miami Beach Page 20 of 92 Contract#1616-1090;Resolution#2015-89 Attachment A - Scope of Services YOUTH ENRICHMENT, EMPLOYMENT, and SUPPORTS 1. PROGRAM DESCRIPTION City of Miami Beach is implementing the Miami Beach All Stars Program. The program serves 100 low-: :income youth living in high need neighborhoods and attend 6th, 7th, and 8th grade in Miami Beach; `schools and whose families face daily economic, social and familial challenges. Miami Beach All Stars; Program incorporates Life Skills activities and academic support programming year-round and offers` :STEM and enrichment activities that include Art/Theatre and Sports. All Stars Curriculum is an :interactive, evidence-based program that consists of an intensive thirteen 1-hour group sessions! delivered 2 times per week and complementary life-skills elements of All-Stars are infused in ::subsequent activities that occur throughout the school year. Youth are involved in STEM programming; and competitions; Theatre/Drama workshops and performances; and SUPER(Sports United to Promote' Education and Recreation), a team-sports-based program, for basketball and flag football to learn the :sport as well as life skills related to the activity. Additionally, youth participate in service learning; ;projects that focus on fostering positive social change by using creativity, knowledge, and life ;experiences to address issues that affect them: education equity, and school and community climate. The goal of the City's Miami Beach All Stars program is to equip youth with social, emotional and ;cognitive skills that promote academic success, healthy child development, and healthy successful; :families. la. Program Timeframe: El Year-Round ❑ School-Year Only lb. Grade Level (check all that apply): ll Middle School (6-8 grades) ❑ High School (9-12 grade) lc. Program includes a structured design of activities and outcomes, grounded in Evidence :Rased Practices and strategies, and focused on both: • Academic Supports and • Life/Social Skills Development. :In addition, this program includes one or more of the following components to engage youth interest and participation: • Primary Component: STEM • Additional Component(s): Arts, Service Learning, Sports City of Miami Beach Page 21 of 92 Contract#1616-1090;Resolution#2015-89 2. PREVENTION LEVEL(S) ID Selective '❑ Indicated •2a. Selective or Indicated Target Population(s) (select all that apply): ID Low income youth living in high need ❑ Youth with Disabilities neighborhoods ❑ Youth with academic, attendance and/or E❑ Youth in or diverted from the dependency disruptive behavior problems system ❑ youth in or diverted from the delinquency ❑ Other: system 2b. Description of enrollment criteria and process, including tool(s) if applicable: 'Miami Beach All Stars will serve 6th-8th grade youth including youth with disabilities, who live or attend: ;school in Miami Beach. Youth have families living in poverty and face daily economic, social, and familial: =challenges. -Eligibility: :Youth are eligible to participate in the program based on the following criteria: 1. Live in high need neighborhoods; 2. Attend 6th, 7th, and 8th grade in Miami Beach Title I schools that receive financial assistance due to high numbers or high percentages of children from low-income families. Recruitment: • The City's All Star Program successfully utilizes word-of-mouth as its primary recruitment tool. Youth who participate in All Stars consistently refer peers who may benefit from the program. • Miami Beach All Stars participants are recruited via our integrated network of providers which; includes our feeder pattern middle schools as well as street-level engagement in parks, City youth recreation facilities, PTSA meeting presentations and community events as well as the harnessing the marketing reach of our City's website and print/ electronic media. • The program also anticipates receiving referrals from the City's Children's Trust-funded youth and family programs. Enrollment Process: ;Interested youth are screened for eligibility criteria. Parents and youth are provided with an enrollment: ;packet that includes the following tools: 1. Parental Consent for program participation Form 2. Miami Dade County Public Schools Consent Form for Mutual Exchange of Information Form 3. Authorization for photography/video Form 4. Emergency Care Authorization Form 5. Child/Parent Information Form 6. Program Guidelines and Expectations Form Completed enrollment packet is returned to program staff whom are responsible for entering necessary data into an internal database system as well as The Children's Trust database system. City of Miami Beach Page 22 of 92 Contract#1616-1090;Resolution#2015-89 3. SERVICE LOCATION(S) Site Name Site Address City Zip # Youth # Ratio # Youth # Ratio Code (SY) Staff (Su) Staff (SY) (Su) 1. Nautilus Middle 4301 North Miami Beach 33140 60 8 0 0 School Michigan Avenue 2. 21st Street 2100 Washington Miami Beach 33139 30 8 0 0 Recreation Center Avenue (August 2015- December 2015 City Of Miami Miami Beach 33140 Beach Scott 2700 Sheridan Rakow Youth Avenue Center (Janury 2016-June 2016 3. City Of Miami 501 72nd Street Miami Beach 33141 10 4 0 0 Beach North Shore Park & Youth Center 4. The Kampong 4013 S. Douglas Miami 33133 0 0 30 5 (FIU for summer Road STEM programming) 5. City of Miami 555 17th street Miami Beach 33139 0 0 10 5 Beach Conference Room City of Miami Beach Page 23 of 92 Contract#1616-1090;Resolution#2015-89 4. ACTIVITIES 4a. Attendance-based Participant Numbers and Activities Table: !Attendance-based activities are ongoing intensive services with participants for whom: ;demographics and individual attendance are reported. This table specifies the unduplicated number; of participants expected to complete the program (i.e., attend the required number of sessions). The number of participants and the responsible staff/facilitators per activity are identified below in the activities section. Participant attendance requirements are based on the guidelines provided in the RFP: • A session is defined as an event that meets all of the following requirements: (1) Involves face; to face interaction with program staff and/or participants; (2) Engages participants for an hour or more; and (3) Involves a singular occurrence in day (i.e. no more than one session can take place: on the same day) • In-person program activities (sessions) must be offered two or more times per week. • Participants must attend at least 75% of the total number of sessions offered. Attendance-based Activities i # Unduplicated % Youth With Total # Overall # Youth Disabilities Weeks Sessions. (service days/site) School Year 100 10% 36 72 Summer 40 10% 6 14 -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- City of Miami Beach Page 24 of 92 Contract#1616-1090;Resolution#2015-89 • Attendance-based Activity Name & Description # Responsible Youth Staff/Facilitator SOCIAL SKILLS DEVELOPMENT 100 Truancy Coordinators The All Stars life skills 13- session Curriculumis an interactive, evidence- based program that focuses on Positive peer group norms; Decision Case Worker Making and Critical Thinking; Self-Management; Goal setting and Personal Commitments; Bonding with school and family; Increasing Case Worker positive parental communication. Supplemental sessions may be added Assistant as needed to ensure that participants meet program goals and objectives All Stars Facilitators (make-up sessions). Also Sessions are modified when necessary to meet (Contractors) the unique need of each individual. One- to-One One-to-One Shadows are provided for youth who may have a more Shadows difficult time acclimating to a program activity. (Contractors) 100 participants are broken into groups with an average of 10-12 participants that are scheduled throughout the school year. Groups 1, 2 and 3: 09/2015- 11/2015 Group 4: 10/2015-12/2015 Groups 5 and 6: 01/2016-03/2016 Group 7: 01/2016-05/2016 Groups 8 and 9: 03/2016- 05/2016 Life Skills are infused in the program activities that will continue throughout the school year: STEM, Art - Acting for the Future, Service Learning, SPORTS: SUPER. SCHOOL YEAR Frequency Twice per week (Mon-Thurs, depending on site and youth choice) Intensity 1 hour Duration 7 weeks (offered Sept- June) City of Miami Beach Page 25 of 92 Contract#1616-1090;Resolution#2015-89 Attendance-based Activity Name & Description # Responsible Youth Staff/Facilitator ACADEMIC SUPPORTS 100 Truancy Coordinators Academic Support sessions address knowledge, skills, attitudes, and behaviors associated with academic success and are based on the Recreation assessment of each participant's needs and interests. Services are Supervisor flexible to meet the needs of participants with and without current academic and attendance challenges and may include homework Recreation Leader I assistance; access to and use of computers or other technologies; and Case Worker academic tutoring. The participant's academic success is periodically Assistant monitored and supports are modified as needed. In addition, staff facilitates communication to link the participant's parents, school teachers, and youth enrichment program. Sessions are modified when necessary to meet the unique need of each individual One-to-One Shadows are provided for youth who may have a more difficult time acclimating to a program activity. SCHOOL YEAR Frequency Twice per week (Mon-Fri, depending on site and youth choice) Intensity 1 hour Duration 36 weeks (Aug-June) STEM PROGRAMMING 30 Truancy Coordinators Participants will be engaged during the school year, youth are engaged in experiential sessions that include Robotic, Coding/Web Design; STEM- On IT Foundation Natural/Earth Sciences (astronomy, and mathematics); as well as Critical (sub-contractor) Market Skills such as internet-etiquette and life skills to teach students how to think critically and how to solve problems--skills that can be used Case Worker throughout life to help them get through challenging times. Sessions will Case Worker also include guest speakers regarding STEM Career/Vocational Assistant exploration. Youth will also have the opportunty to particpate in local STEM and robotic competitions. Participants are broken into 3 groups with an average of 10-12 participants that are scheduled throughout the school year. SCHOOL YEAR Frequency 1 time per week (Thurs and Fri, depending on site) Intensity 1 hour Duration 10 weeks (offered Sept- June) City of Miami Beach Page 26 of 92 Contract#1616-1090;Resolution#2015-89 Attendance-based Activity Name & Description # Responsible Youth Staff/Facilitator STEM PROGRAMMING (SUMMER) 30 Truancy Coordinators Participants will be engaged during the summer, youth are engaged in STEM EcoAcademy sessions that include Marine Science activities, tropical botany Florida lab/experiment activities, scientific observations, and science related outdoor International activities. Youth are also involved in life skill activities that foster creativity, University (sub- curiosity and a passion for problem solving to research, design, test, and improve a viable solution. STEM project-based activities utilize math and contractor) science to solve real-world challenges and problems that allows students to Case Worker understand and appreciate the relevancy of their work to their own lives and the world around them. Case Worker Sessions are modified when necessary to meet the unique need of each Assistant individual. One-to-One Shadows are provided for youth who may have a more difficult time acclimating to a program activity. Participants are broken into 4 groups with an average of 10 participants that are scheduled throughout 2 weeks in the Summer. SUMMER Frequency 5 times per week Intensity 7 hours Duration 2 weeks (Jun-Jul) ARTS EDUCATION- THEATER/ACTING 25 Truancy Coordinators Best practice model, Acting for the Future where youth are engaged in 14 sessions life skill activities that teach communication, self-confidence, self- Recreation evaluation, and creative thinking. It also uses participative drama workshops, Supervisor theatre performances consisting of a series of monologues, and post-show panel discussions to promote positive mental health and raise awareness on Recreation Leader I social issues affecting our youth such as, bullying, substance abuse, racism, Case Worker and suicide. As part of this project, youth develop a stronger awareness of the issues creating positive mental health as well as avoiding suicide, drugs, and Assistant violence through a quality arts experience. Sessions are modified when necessary to meet the unique need of each individual. One-to-One Shadows are provided for youth who may have a more difficult time acclimating to a program activity. Youth participate in 14 sessions (includes Eleven 1.5 hour drama workshops and 3 theater performances). 20 participants are broken into 2 groups with an average of 10-12 participants that are scheduled throughout the school year. SCHOOL YEAR Frequency 2 times per week (Mon, Wed, and Sat, depending on site) Intensity 1.5 hours Duration 14 weeks (offered September - June) City of Miami Beach Page 27 of 92 Contract#1616-1090;Resolution#2015-89 Attendance-based Activity Name & Description # Responsible Youth Staff/Facilitator COMMUNITY SERVICE 30 Truancy Coordinators Youth participate in community based service-learning projects as a means of learning, reinforcing learning and connecting to the Case Worker community. The participants will learn and practice a wide range of life skills that will empower and support them in achieving a more productive Case Worker future. Projects focus on fostering positive social change by using Assistant creativity, knowledge, and life experiences to address issues that affect them. Through service-learning strategies students acquire, practice and apply needed knowledge, skills, and behaviors Youth utilize art i.e. photography and dialog to examine their community's assets and needs and share their powerful images and stories with the community through digital media such as newspaper, magazine, and/or digital wall on our school and City's website. Sessions are modified when necessary to meet the unique need of each individual. One-to-One Shadows are provided for youth who may have a more difficult time acclimating to a program activity. Youth participate in 3 service learning projects throughout the school year. Participants also participate in other enrichment activitites. 30 participants are divided into 4 groups with an average of 10-12 participants that are scheduled throughout the school year. SCHOOL YEAR Frequency Once per week • Intensity 0.5 hour Duration 4 weeks for each service (September- June) City of Miami Beach Page 28 of 92 Contract#1616-1090;Resolution#2015-89 Attendance-based Activity Name & Description # Responsible Youth Staff/Facilitator COMMUNITY SERVICE (SUMMER) 10 Truancy Coordinators Youth participate in community based service-learning projects as a means of learning, reinforcing learning and connecting to the Case Worker community. The participants will learn and practice a wide range of life skills that will empower and support them in achieving a more productive Case Worker future. Projects focus on fostering positive social change by using Assistant creativity, knowledge, and life experiences to address issues that affect them. Through service-learning strategies students acquire, practice and apply needed knowledge, skills, and behaviors Youth utilize art i.e. photography and dialog to examine their community's assets and needs and share their powerful images and stories with the community through digital media such as newspaper, magagzine, and/or digital wall on our school and City's website. Sessions are modified when necessary to meet the unique need of each individual. One-to-One Shadows are provided for youth who may have a more difficult time acclimating to a program activity. Youth participate in one service learning project during the summer for 4 weeks. SUMMER Frequency Twice per week Intensity 2.5 hours Duration 4 weeks for each service (June-July) City of Miami Beach Page 29 of 92 Contract#1616-1090;Resolution#2015-89 Attendance-based Activity Name & Description # Responsible Youth Staff/Facilitator SPORTS PROGRAMMING 45 Truancy Coordinators SUPER (Sports United to Promote Education and Recreation), a team- sports-based program, for basketball and flag football. Program focuses Recreation on life skills such as setting goals, positive thinking, and problem solving. Supervisor Youth are assessed on four sport-skills tests, knowledge about, and beliefs about effective use of life skills. SUPER simulates sports clinics Recreation Leader I with three sets of activities: learning physical skills related to a specific (2 FT) sport; learning life skills related to sports in general; and playing the Recreation Leader sport. 1 (2 PT Time) Sessions are modified when necessary to meet the unique need of each individual. One-to-One Shadows is provided for youth who may have a more difficult time acclimating to a program activity. Schedule Basketball: 27 sessions (One group of 20 youth) Tuesday and Thursday 2 times per week for 3 months September 2015- December,2015 Schedule for Flag Football: 11 sessions (One group of 20 youth) Wednesday 1 time per week for 3 months September, 2015- December, 2015 SCHOOL YEAR Frequency 3 times per week (Tue, Thurs, and Wed) Intensity 1.5 hours Duration 11 weeks (Sept - Dec) City of Miami Beach Page 30 of 92 Contract#1616-1090;Resolution#2015-89 • 5. PARTICIPANT OUTCOMES* Academic Supports Required Outcomes Outcome Data Source/ Meaningful Timing Associated Measurement Tool(s) Improvement Activity. Youth will increase Educational Engagement Scores from the first year # of Admin Academic school engagement Scale for Teenagers will be analyzed and will Points: 2 Supports and positive inform meaningful attitudes towards # items: 6 improvement for second Pre-test will be academic success Scoring: 5 point Likert year. administered at enrollment scale from 0 (None of the and/or first time/Strongly disagree) session session to 4 (all of the time/Strongly agree). Post-test will be Question #3 should be administered reverse scored. during the month of April. • Range: 0 - 24 Youth will improve School Report Participants who are at # of Admin Academic school attendance Card/Records** risk for chronic Points: 3 Supports rate Scoring: Attendance Rate absenteeism (Absent 6% (# of days absent by or more days in the school Pre-test will be the student divided by year) will decrease their previous the total # of school days risk by one or more academic year offered). benchmarks when grades comparing Pre- to Post- Mid-test will be Benchmarks: test. No risk: Absent 0-5% mid-term grades At risk: Absent 6-10% Participants not at risk Post-test will be High risk/Chronic (94% or end of current Absence: Absent 11- school year 20% Higher attendance) for Severe risk/Chronic chronic absenteeism will grades absence: Absent 21% or maintain or improve their more. Attendance Rate %. Youth will perform School Report Card**: Grade Increase to C for # of Admin Academic with a C or higher in Grades for English, Math, courses where students Points: 3 Supports all core courses Science and Social received D or F. (English, Math, Studies Pre-test will be Science, Social Scoring Grade maintenance for previous Study) courses where students academic year Grade A-F in each of the received C or above. grades four core courses. Mid-test will be mid-term grades Post-test will be end of current school year grades City of Miami Beach Page 31 of 92 Contract#1616-1090;Resolution#2015-89 Life Skills/Social Skills Development Required Outcomes Data Source/ Meaningful Associated Outcome Measurement Tool(s) Improvement Tom'ng Activity Youth will improve DESSA Relationship and Scores from the first # of Admin Points: Social Skills communication/inter Social Awareness scales year will be analyzed 2 Development personal relationship and will inform skills meaningful Pre-test will be improvement for administered at second year. enrollment or first session Post-test will be administered during the month of April. Youth will improve DESSA Personal Scores from the first # of Admin Points: Social Skills problem- Responsibility and year will be analyzed 2 Development solving/responsible Decision Making Scales and will inform decision-making meaningful Pre-test will be skills improvement for administered at second year. enrollment or first session Post-test will be administered during the month of April. City of Miami Beach Page 32 of 92 Contract#1616-1090;Resolution#2015-89 Primary Component Required Outcomes Meaningful Outcome Data Source/ Timing Associated Measurement Tool(s) Improvement Activity Youth will improve Student Attitude Toward Scores from the first # of Admin Points: STEM STEM engagement STEM year will be analyzed 2 Programming and will inform meaningful Pre-test will be improvement for administered at second year. enrollment or first session of STEM programming Post-test will be administered during the month of April. Youth will improve YouthARTS &Science Defined as a 3 point # of Admin Points: Arts Education arts skills Participant Art Skills increase in total score 2 - Assessment from pre-test to post- Theatre/Acting test or a post test Pre-test will be # of items: 5 score of 9 or more administered at Scoring: 3 of the 5 enrollment or first questions receive a score session of Arts between 0 and 1. Point Education Post-test values are as follows: will be No=0 and Yes=1. The administered remaining 2 questions during the month receive a score between of April. 1 and 4. Point Values range from Strongly Disagree=1 to Strongly Agree=4. All points are added to determine the score. The higher the score the better. Score Range: 0-11. Youth will improve PACER (Progressive Based on an increase # of Admin Points: Sports fitness performance Aerobic Cardiovascular in four laps 2 Programming Endurance Run) completed from the pre-test to the post- Pre-test will be test. administered at enrollmentor first session of Sports Programming Post- test will be administered during the month of December. *Outcomes do not have target percentages in the first year of this funding cycle, given the shift in the approach to enrollment and implementation of Youth Enrichment programs. Data collected during the first year of the funding cycle will inform future benchmarks to be applied. **Provider will obtain parental consent in order to comply with FERPA and will report school records directly into SAMIS in those circumstances where FERPA-compliant, direct, access to school records is available City of Miami Beach Page 33 of 92 Contract#1616-1090;Resolution#2015-89 N 0, 45 v L 01 C C C'10 C C l� C 01 L.c a '� a..+ O O d O °O C O r6 O O `� E 0 CL !0 a•6 2 L N N L O �' O L N a a V (4 ` 0 0 C H O N MI fp W — N VI) L L ° O E 01 u 01 �+ O O O u u ", O • ,n C a) •> • C y p =... - o f cn CO c L p1 LO O •- eer O VD 01.- 0 O c �' O O •- �+ O O o a i O •0 u O O c , : a. �•+ IA to I— - D O N a ro •L O p• .w V1 c 0 V ■O ,L") •• O m >` E Z can 3 c `~ C oj r E Y O p O cn c m can m (A 4+ O t a) a " rO U) NO ea c ) >� ti,' c 0 C O -�• �, C C d = Q e z N N v H v 0 - Z U i O , "0 ,e i c c O 0 ,- `� C C LO 0 0 a) C O. 01 13 O a) CO - a-+ C in Z Z u U o (n c N O •— C 3 "0 >- rfl no Q Cj O L ID ro C ro (A O 2 g) 2 V (5 O J J O O L E J -1 O c .0 U 0 a) - O _c C c i� 0 � V4. 41 c -o0 E 0 ) c O O . t a+ L a) O 2 C C H O n o rLo O 01 ro O L C O -a L o o v ro .o > +, c +, +, 3 To O in V fO u 0 0 c ii y 'u >s•> C L a u O C W V O O L O •- a..,c CI) X C >� L O QCj C O 01 O 0 , O 01 7 •- C "D N O C >, U c V) to V f O O c c v O L c Z .- ,- 0 0 N fp u 4 C a ro s > •c >, E `" c a 3 � W -oi= .— ra c in ° E 0 W CY'a o� in `c O ry O 0 O -a L Z i L W C I C �+ E •0 O e- O O v 0 t o u. 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E w ot 0 0 o o .wo �a ,wZ cc:>'-; ce o u C 0 t 0 m * * L L 0 O O d a i 0 = IA O J > 0 0 0 00 • ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET AND METHOD OF PAYMENT City of Miami Beach Page 42 of 92 Contract#1616-1090;Resolution#2015-89 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 43 of 92 Contract#1616-1090;Resolution#2015-89 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. 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 44 of 92 Contract#1616-1090;Resolution#2015-89 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 45 of 92 Contract#1616-1090;Resolution#2015-89 Budget Summary Report-Attachment B City of Miami Beach-YEN 1616-1090 City of Miami Beach Fiscal Year 15-16(8/1/15-7/31/16) Contract#: 1616-1090 CSC Program Allocation:$312,550 Budget Status:Submitted Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 191,049.00 152,968.00 152,968.00 521 FICA/MICA 2,771.00 2,218.00 2,218.00 522 Retirement Contributions 9,928.00 8,301.00 8,301.00 523 Life and Health Insurance 37,682.00 32,817.00 32,817.00 524 Workers Compensation 573.00 459.00 459.00 525 Unemployment Compensation 0.00 0.00 0.00 Salary Totals: 242,003.00 196,763.00 196,763.00 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 1,462.00 0.00 0.00 532 Travel(participants) 4,986.00 3,150.00 3,150.00 533 Meals(participants) 5,089.00 5,089.00 5,089.00 534 Space 0.00 0.00 0.00 535 Utilities 25,949.00 0.00 0.00 536 Supplies(office) 3,200.00 2,240.00 2,240.00 537 Supplies(program) 7,146.00 7,146.00 7,146.00 540 Non-Capital Equipment 3,465.00 1,247.00 1,247.00 550 Capital Equipment 17,100.00 1,000.00 1,000.00 591 Indirect Cost 0.00 0.00 0.00 611 Subcontractor 44,100.00 44,100.00 44,100.00 711 Professional Services(instructors) 0.00 0.00 0.00 721 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) 47,380.00 47,380.00 47,380.00 811 Other(advertising) 0.00 0.00 0.00 821 Other(background screening) 1,125.00 0.00 0.00 831 Other(admission to field trips) 0.00 0.00 0.00 891 Other(other) 0.00 0.00 0.00 529 Fringe Benefits(other) 0.00 0.00 0.00 841 Program Specific Audit 1,500.00 1,500.00 1,500.00 751 Professional Services(Evaluation) 0.00 0.00 0.00 City of Miami Beach Page 46 of 92 Contract#1616-1090;Resolution#2015-89 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) 2,100.00 1,200.00 1,200.00 854 Other(Discretionary Funds) 1,735.00 1,735.00 1,735.00 855 Other(conference registration) 0.00 0.00 0.00 Expense Totals: 166,337.00 115,787.00 115,787.00 Salary and Expense Totals: 408,340.00 312,550.00 312,550.00 Program Funders Summary Funders Funder Type Funder Total Comment In-Kind Contributions In-Kind Contributions(Summary) 95,790.00 Division Director(match funds): Salary$8,327+MICA$121 + W-comp$25+ Retirement$500+ Life&Health Insurance$617= $9,590; Case Worker II—Payroll Coordinator(match funds):Salary $2,210+MICA$32+Retirement $133+Life&Health Insurance$306 +W-comp$7 =$2,688; Recreation Supervisor 1 (match funds):Salary$7,906+ MICA$115 +Retirement$474+Life&Health Insurance$1,225+W-comp$24= $9,744; Recreation Leader 1 (FT) (match funds):Salary$4,340+ MICA$63+Retirement$260+Life &Health Insurance$1,221 + W-comp$13=$5,897;Recreation Leader 1 (FT)(match funds):Salary $4,340+MICA$63+Retirement $260+Life&Health Insurance $1,221 +W-comp$13=$5,897; Recreation Leader 1 (PT)(match funds): Salary$5,533+ MICA$80 +OBRA$138+W-comp$17= $5,768; Recreation Leader 1 (Coach)(PT)(match funds):Salary $5,425+MICA$79+OBRA$136+ W-comp$16=$5,656;Travel (other than participants):$1,462; Travel(participants):$1,786; Utilities:$25, Summary Funder Totals: 95,790.00 City of Miami Beach Page 47 of 92 Contract#1616-1090;Resolution#2015-89 0 0 0 CN TS Ea 0 a Os CI ii Q d O 1 Q M Q M co v O 0) a7 0 o 0 o u o_ 0 a. a a 0. 0' E r - 0 a) E .` d ` a, O =c m \ O o 0 0 0 'a E Es a a E o o M Q c) M 0 e 0 0 O M M rn V c c Q►V 1 .0 a m y —° 0 _ g Q 0 U 0 0 0 0 E E co 0 0 0 y O C 15 Q Ec O 2 Q0 I m O �E I CL 40 0 0 0 (0 O 4.0(Q Q c M CZ C O q a1 r' c N N E =' O OC OC C V ~ O ., O cz E °� °' u co -a 0 0 0 O Q -7 tD O to oo C) e v O CD CO CO 0 E C '0 r r ., C 0 Of Y 0 0 E y CO uj i- tI '� Q x 0 0 0 0 0 Q a W ` .` a. o o O O = CV } V o 0 0 d R 1 L O V v m H a) is a) CL IL E •� Cam, N N A V 2 O .. 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E p ar C) m C w • U C r0 C � 0) C +� Ti 0 al a p # 7 I- 0 E ° a 0 E 0 v CO v m o m E v o� �a I- y a) m C a > > e a > > c a > > c 0 > O of O o) 0. v cf v 0 U .- .a) 'D `a. U U v a. u m a. < CO 0 » CO Q. U a`no 0 m < U ca 0 o0 < N O� d Q) (. O) CO cu 4 0) m m 0 C) C) o_ 2 2 a a v � C C C) • E E Q a 5 CMS) C) M co c0• (O O) Cp' m m Q S' S' a a rn a) O O N. O • CO u) y In C) u7 C) N • r M m m U V y N ✓ V C C C) Cr E E Q Q I� O d r C) C) C) N 7 7 m m U U Cl) p) U U Of co O O o' C 0 N O 3 O H d U H O C m co) G. 'o w W 0 4t d C O co O C r o 0. A X U U CU W U) ATTACHMENT C PROGRAMMATIC/INITIATIVE PERFORMANCE AND DATA REPORTING REQUIREMENTS itoy,:rfatn1116 .:7:0;Resolution#2015-89 Page 71 of 92 Attachment C: Data Requirements and Program Progress Metrics YOUTH ENRICHMENT, EMPLOYMENT AND SUPPORTS 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: Target Population: Providers are expected to collect and Providers are expected to enroll and serve Miami-Dade report the participant identifiable County school-age participants attending middle and high information specified in the Child school, who meet the specific criteria identified in the Information Forms and in the Prevention Level section of Attachment A. demographics screens in our data Programs are expected to serve the percentage of Youth reporting system. with Disabilities specified in Attachment A. Providers will update participant demographics regularly when new information is collected (e.g., new address, grade level). PARTICIPANT ATTENDANCE DATA REQUIREMENT CONTRACT PROGRESS METRICS Attendance-based Data: Program Participation: Attendance-based activities are Programs are expected to ensure that services offered are ongoing intensive services that being utilized by participants. represent the core program activities Participant Retention: and are attended by participants The contracted number of participants are receiving the regularly (typically more than two contracted number of sessions (i.e., the expected and times). appropriate dosage) City of Miami Beach Page 72 of 92 Contract#1616-1090;Resolution#2015-89 PARTICIPANT OUTCOMES DATA REQUIREMENT CONTRACT PROGRESS METRICS Performance Measures (PM) Data: Participant T esting/Timely Measures of participant outcomes should be used both for Screenings: the purposes of understanding and tailoring to meet Providers are expected to collect and individual needs at program entry (pre-tests) and for report on the outcome assessment tracking changes or benefits realized over the course of and screening tools identified in the program (through comparing pre/post-tests). The Attachment A on a timely and specific outcomes for each contract are described in detail accurate manner. in Attachment A. Actual Outcome Achievement: Refers All children with attendance during a test administration to the number and percentage of timeframe should receive an assessment. Additionally, participants who meet each required children leaving the program before its completion should outcome in relation to the number of be post-tested, if prior notice is given. participants that were expected to If the original formats of the required measures are not meet it. appropriate for some participants, providers may utilize Timely Referral and Referral approved adaptations or alternate assessments, in Completion: consultation with The Trust and its program and professional development providers. Based on the results of the child screening providers are expected to Screening Data: connect families with identified In line with The Trust's whole-child approach, providers services needed. are expected to screen all children enrolled in their programs using the child screening (TBD). PROGRAM QUALITY MEASURES. DATA REQUIREMENT CONTRACT PROGRESS METRICS Satisfaction Survey: Participant Satisfaction: Providers are expected to administer Satisfaction surveys help gauge various dimensions of child/youth satisfaction surveys during participants' and caregivers' overall satisfaction with the school year and summer (if programming (including safety, program elements most applicable). Satisfaction surveys can liked and those in need of change, and whether the be found at The Children's Trust programming help children, or other participants). website. Providers should be able to describe how they use Providers are required to submit a participant feedback to continuously learn about ways to summary of their school year and improve their programs. summer (if applicable) survey results through our data reporting system. City of Miami Beach Page 73 of 92 Contract#1616-1090;Resolution#2015-89 • PROGRAM QUALITY MEASURES DATA REQUIREMENT CONTRACT PROGRESS METRICS Personnel Records: Staff Qualifications and Retention: Providers shall maintain a personnel Providers are expected to hire and retain staff and file for each staff involved in the subcontractors with the necessary program, including in-kind staff and qualifications/credentials. Providers are expected to volunteers. Each file should contain, at produce proof of required experience, education, and a minimum, background screening certifications/licensures as specified in Attachment A, results, proof of required education, staffing table. professional development credits/non- Professional Development: credits hours, and any required certifications or licensures. Providers are expected to create and implement a program and professional development plan that meets all training and certification requirements of the selected EBP(s) and tools as applicable. All staff and subcontractors must be trained by the developer or a certified trainer in the EBP model and tools implemented. Trust-sponsored/facilitated Trainings: Providers must ensure appropriate staff and subcontractors attend various trainings provided by The Trust's program and professional development providers annually. At a minimum, staff will be required to attend the following annually: • New and renewal contract development; • 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 Delivery: Activities Observation: Providers are expected to deliver Supervisors must regularly monitor staff as well as contracted services with fidelity to subcontractors using the appropriate fidelity tool as well Attachment A. as hold regular reflective supervision meetings to ensure high quality service delivery. The Trust will complete various program 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. City of Miami Beach Page 74 of 92 Contract#1616-1090;Resolution#2015-89 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 Children with Disabilities: The Children's Trust expects all programs to serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the Americans with Disabilities Act (ADA). Providers who may need assistance in determining whether they can safely and reasonably accommodate children with disabilities must contact their assigned Inclusion Specialist from the resources available through The Children's Trust. All children must be admitted into programs unless the assigned Inclusion Specialist determines that 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. 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 - Each - Prior month's new participant demographics, attendance data, screening Month data, and any testing data November 15th - Program Narrative Report (For services and activities rendered in August, September, and October) February 15th - Program Narrative Report (For services and activities rendered in November, 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. City of Miami Beach Page 75 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT D PROGRAM SPECIFIC AUDIT REQUIREMENTS City of Miami Beach Page 76 of 92 Contract#1616-1090;Resolution#2015-89 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 77 of 92 Contract#1616-1090;Resolution#2015-89 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? q 2. The amount of fringe Requires that activities B). If the contractual budget, benefits billed to the Trust is performed or costs paid with lists a Program Coordinator actually for employees not The Children's Trust funds are position at$25.00/hour, then included in contract budget listed in the contractual budget does the provider actually pay and unrelated to the program. narrative or a contractual and charge The Children's Trust $25.00/hour? City of Miami Beach Page 78 of 92 Contract#1616-1090;Resolution#2015-89 Compliance Requirement Program Specific Audit Example Implication 3. Professional services are budget amendment/revision billed within regular salaries and narrative. C). If the contractual budget, wages. lists a Program Coordinator's 4. Capital purchases disguised 2). Any cost or service billed position,with dedicated time as repairs. that is not approved in the charged to The Children's Trust 5. Sales taxes and tips. contract budget is a finding program of 25%, then does the and reported as a questioned provider keep records of an 6. Fuel on the Program Specific employee's time to 7. Food and beverage costs for Audit Report. substantiate that 25%of time parties, celebrations,end-of- was in fact earned and program events, and charged to The Children's Trust conferences or conventions, 3). If any cost or service is billed program? unless while attending an out- in more than one contract, and of-town conference or the billings are in excess of the total disbursement, or D). If 3 contracts list a Program convention. budgeted Coordinator's total bud approved allocation, the 9 8. Monetary gift cards as expense has been overbilled or salary as$100,000 and each incentives. doubled billed and should be contract will reimburse $35,000 (A detailed listing of all costs considered a finding. (35%), then a possible and activities considered overbilling of$5,000 may have occurred ($35,000*3=$105,000 allowed and un-allowed can 4). Children's Trust funds must or 35%*3=105%Children's Trust be viewed in the Budget supplement a program, salary allocation). Guidelines form on the supplanting is unallowable. A Children's Trust website, provider may not use contract www.thechildrenstrust.org/provi funds to defray any costs that E). If an invoice is submitted to ders/forms.) the recipient already is The Children's Trust that obligated to pay. (See includes food charges for end example F) of the year parties and celebrations, is that cost allowable per The Children's Trust budget guidelines? Food costs for end of year celebrations are NOT allowable per The Children's Trust budget guidelines. 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 (cash basis),rather than costs B). If payroll is paid on 4/1, but incurred or accrued. represents time charged in City of Miami Beach Page 79 of 92 Contract#1616-1090;Resolution#2015-89 Compliance Requirement Program Specific Audit Example Implication March, is it included in April's reimbursement? 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. City of Miami Beach Page 80 of 92 Contract#1616-1090;Resolution#2015-89 Compliance Requirement Program Specific Audit Example Implication C). Data security obligation (further description in Section 0.12 of the Core Contract) 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 81 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E- 1 AFFIDAVIT UNDER PENALTY OF PERJURY FOR LEVEL 2 BACKGROUND SCREENINGS Page 82 of 92 litcynt°rfZtlitTi6nCIO Resolut on#2015 89 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 83 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E-2 CHILD CARE AFFIDAVIT OF GOOD MORAL CHARACTER City of Miami Beach Page 84 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E-2 CHILD CARE w AFFIDAVIT OF GOOD M ORAL CHARACTER 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 790.115(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 85 of 92 Contract#1616-1090:Resolution#2015-89 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 86 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E-3 CHILD ABUSE & NEGLECT REPORTING REQUIREMENTS City of Miami Beach Page 87 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E-3 :' Child Abuse & Neglect Reporting Requirements y� 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"harm 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 88 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E-4 BACKGROUND SCREENING & PERSONNEL FILE REQUIREMENTS City of Miami Beach Page 89 of 92 Contract#1616-1090;Resolution#2015-89 ATTACHMENT E-4 te `) BACKGROUND SCREENING y & PERSONNEL FILE REQUIREMENTS tM, • Place in employee file and attach all background screening documentation. ' Authority: s. 402.301-319, F.S., and s. 435, F.S. MS1-Li AM Lt Es.com 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 90 of 92 Contract#1616-1090;Resolution#2015-89 • • ATTACHMENTG DATA SECURITY DEFINITIONS City of Miami Beach Page 91 of 92 Contract#1616-1090;Resolution#2015-89 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 92 of 92 Contract#1616-1090:Resolution#2015-89