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PSA with Choices et al, Inc. (2) aoi(fra$lIO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHOICES ET AL, INC. FOR CHILD AND FAMILY SERVICES, PURSUANT TO THE CITY'S SERVICE PARTNERSHIP INITIATIVE This Professional Services Agreement ("Agreement") is hereby entered into this 1st day of August 2015, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and CHOICES ET AL, INC., a Florida not for profit corporation, whose principal address is 17550 NW 20th Avenue Miami, Florida 33056 ("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. SECTION 2 SCOPE OF WORK (SERVICES) 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide Care Coordination services for up to thirty-five (35) children and their families, Family Group Conferencing services for up to seventy-four (74) children and their families, and Restorative Justice services for up to fifty (50) children and their families, as further described in Exhibit "A" hereto (the "Services"). 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit "A," entitled "Scope of Services." hereto. 2.3 Contractor agrees to be bound by and shall fully comply with the terms of the Agreement, dated October 14, 2015, between the Children's Trust and the City of Miami 1 Beach, for place-based/countywide community partnerships (the "Children's Trust Grant Agreement"), which is incorporated herein and attached hereto as Exhibit C. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall terminate on July 31, 2016. All Services to be rendered shall be completed no later than July 31, 2016. Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be compensated on a fixed fee basis, in a total amount not to exceed Thirty-Eight Thousand One Hundred and Ninety-Eight Dollars and Twenty-Five Cents ($38,198.25). 4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit "A", as follows: a) Provision of one (1) Care Coordination Assessment & Plan Development service each for up to thirty-five (35) children and their families at the rate of One Hundred Forty Four Dollars and Twenty Cents ($144.20) per each Care Coordination Assessment & Plan Development service, for a maximum not to exceed Five Thousand Forty-Seven Dollars ($5,047.00); b) Provision of two (2) Care Coordination Plan Follow-Up services each for up to thirty- five (35) children and their families at the rate of Seventy-Eight Dollars and Seventy- Five Cents ($78.75) per Care Coordination Plan Follow-Up, for a maximum not to exceed Five Thousand Five Hundred Twelve Dollars and Fifty Cents ($5,512.50); c) Provision of twenty-five (25) Flexible Care Coordination Plan Check-In services to be administered in accordance with client Care Coordination Plans, at the rate of Twenty-Seven Dollars and Eighty-One Cents ($27.81) per Flexible Care Coordination Plan Check-In, for a maximum not to exceed Six Hundred Ninety-Five Dollars and Twenty-Five Cents ($695.25); d) Provision of one (1) Care Coordination Plan Close-Out service each for up to thirty- five (35) children and their families at the rate of One Hundred Three Dollars ($103) per each Care Coordination Close-Out service, for a maximum not to exceed Three Thousand Six Hundred and Five Dollars ($3,605). e) Provision of one (1) Family Group Conference service each for up to seventy-four (74) children and their families at the rate of One Hundred and Eighty Dollars and Twenty-Five Cents ($180.25) per each Family Group Conference service for a maximum not to exceed Thirteen Thousand Three Hundred and Thirty-Eight Dollars and Fifty Cents ($13,338.50); f) Provision of Restorative Justice Core Components program with a focus on primary restorative justice concepts including but not limited to preparation and review of intake (initial contact with parent/guardian); introduction to the concept, purpose and goals of restorative justice; review of the infraction generating referral (Identifying the 2 harm); identification and acknowledgement of who is impacted by the harm; taking steps to repair the harm and relationship; introduction to apology letters and completion follow-up; introduction to Goal Ladder and completion follow-up; one-on- one conferencing with each individual student; completion of Accountability Plan and submission to Success University, for up to (50) children at the rate of One Hundred and Twenty Dollars ($120) per each fully completed Restorative Justice Core Components program, for a maximum not to exceed six Thousand Dollars ($6,000.00); g) Provision of up to fifty (50) Restorative Justice Circles for a group of three or more children at the rate of Fifty Dollars ($50) per each Restorative Justice Circle for a maximum not to exceed Two Thousand Five Dollars ($2,500.00); h) Provision of up to forty (40) Psycho-Educational Sessions (Groups) for developing skills that may be required in a Restorative Justice session, at the rate of Thirty Dollars ($30) per Psycho-Educational Session for a maximum not to exceed One Thousand Two Hundred Dollars ($1,200.00); and i) Provision of up to ten (10) Flexible Restorative Justice Sessions at the rate of$30 per each Flexible Restorative Justice Session, for a maximum not to exceed Three Hundred Dollars ($300.00). Contractor's compensation shall be further subject to and conditioned upon all or any portion of the Services to be provided herein being allowable and within the Scope of Services delineated in Exhibit "A". 4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that details all services performed by Contractor in a particular month. Contractor's invoices are subject to the review and approval of the City Manager and/or his or her designee, who shall be the Department Director of the Office of Housing and Community Services. The City shall not remit any payments to Contractor unless Contractor provides the City with a detailed invoice that is acceptable to the City. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Contractor shall submit monthly Reimbursement Requests, Monthly Service Summary Reports, and accompanying Monthly Client Status Lists, as set forth in Exhibit "B", which include an itemized, detailed description of the Services, or portions thereof, provided (including the names of the clients served and dates of service provision) and cost(s) for same. Invoices shall be signed by an authorized employee of the Contractor, shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Maria Ruiz, Department Director Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, Florida, 33139 3 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic, or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, 4 omissions or other wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Contractor shall not commence any work and/or Services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been reviewed and approved by the City's Risk Manager. The Contractor shall maintain and carry in full force during the Term, the following insurance: 1. 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 Contractor can provide financial statements to support a higher deductible. The City of Miami Beach 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. 2. If applicable, Contractor Professional Liability insurance, with coverage amounts not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The City of Miami Beach is not required to .be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. Worker's Compensation Insurance must cover all employees, non- . incorporated independent contractors or Contractors, and incorporated independent contractors or Contractors 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 Contractor is no longer exempt from obtaining Worker's Compensation insurance, the Contractor must notify the City of Miami Beach 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. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" 5 • as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Contractor's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability and Professional Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub-contractors. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement. Failure by Contractor to comply with Section 6.2 shall be a material breach of this Contract. The City will not disburse any funds under this contract until all required Certificates of Insurance have been provided to and have been approved by the City's Risk Manager. The Contractor shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. Contractor and or Contractor's insurance agent, as applicable, shall notify the City, 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. Contractor shall be responsible for ensuring that all applicable insurance is maintained and submitted to the City for the duration of this Contract. In the event of any change in Contractor's Scope of Services, Attachment A, the City may increase, waive, or modify in writing any of the foregoing insurance requirements. Any request by a Contractor to decrease, waive, or modify any of the foregoing insurance requirements must be approved, in writing, by the City 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 City shall withhold all payments to Contractor until a new Certificate of Insurance required under this section is submitted and approved by the City. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The City may require Contractor 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 City requirements. Provision of insurance by Contractor, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that the City may have against Contractor for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Contractor pursuant to a master or blanket policy or policies of insurance. 6 SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of the sum of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the sum of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of the sum of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach for any action or claim for breach of contract arising out of the performance or non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e., 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement, including Contractor's financial records. Contractor shall maintain any and all such records at its place of business at the address set forth in the 7 "Notices" section of this Agreement. Contractor agrees to submit its agency financial audit to the City within 30 days of completion, at least once during the Term of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. Contractor shall be responsible for all Services performed, and all expenses incurred, under this Agreement, including services provided and expenses incurred by any and all subcontractors. The City shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. Contractor shall be solely liable for any expenses or liabilities incurred under any subcontract. Contractor shall hold harmless and defend, at Contractor's expense, the City against any claims, demands or actions related to any subcontract. 10.4 [INTENTIONALLY DELETED] 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, ancestry, sex, intersexuality, place of birth, physical handicap, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or 8 may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Choices et al, Inc. Attn: Cheryl Polite-Eaford, President P.O. Box 645409 Miami, Florida 33269 (305) 332-2074 TO CITY: City of Miami Beach Office of Housing and Community Services Attn: Maria Ruiz, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7491 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not 9 contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 ,CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Contractor upon termination of this Agreement. Upon termination of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Contractor's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Contractor does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 12.5 BACKGROUND SCREENING In accordance with Sections 39.001, 943.0542, 984.01, and 1012.465, and Chapters 402, 430, 435, Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Level 2 background screening investigations must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami-Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening shall be acceptable by the City. 10 If background screenings are completed through VECHS, then Contractor shall complete Attachment E: "Affidavit for Level 2 Background Screenings," for each contract term. 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. Contractor shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Contractors records for its personnel, volunteers, and sub-contractors. Contractor shall re- screen each employee, volunteer, and/or subcontractor every five (5) years. 12.6 CONFIDENTIALITY Contractor and the City 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 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 Agreement 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 Agreement shall remain in full force and effect after the termination of this Agreement. 12.7 DATA SECURITY OBLIGATION Contractor shall maintain an appropriate level of data security for the personally identifiable information (PII) Contractor is collecting or using in the performance of this Contract. PII is information that can uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify individuals. Contractor shall maintain and adhere to, a written Data Security Policy that addresses requirements regarding the protection of PII from unauthorized access and protection against data breaches and ensures Contractor is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of PII on Contractor's computing network and as paper records. This policy shall address the topics of computer passwords, screensavers that lock computers, securing physical facilities, storing data, data use, data confidentiality agreements, and staff training related to the policy. Additionally, Contractor is responsible for approving and tracking all Contractor employees who request system or information access and ensuring that user access has been removed from all terminated employees of Contractor. All employees and independent contractors performing work or duties related to this Contract will sign a Data Confidentiality Agreement prior to beginning work related to this Contract. Contractor must also abide by all requirements to protect client protected personally identifiable information (PPII). Contractor shall fully comply with the data security obligations set forth in the Children's Trust Grant Agreement, at Section 0-12, entitled "Data Security Obligation." 11 12.8 CHILDREN WITH DISABILITIES AND THEIR FAMILIES Contractor understands that the City expects Contractor to meet any and all federal standards under the Americans with Disabilities Act. Contractor must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Contractor shall not be required to make any alteration to any public school building or other building or structure which is not owned by Contractor. 12.9 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 12.10 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively to the work and/or services described herein, and are intended or represented for ownership by the City. Any re-use, distribution, or dissemination of same by Contractor, other than to the City, must first be approved in writing by the City Manager, which approval, if granted at all, shall be at the City Manager's sole and absolute discretion. Any patentable and/or copyrightable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City, in perpetuity, for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for patent or copyright by or on behalf of the Contractor (or its employees or sub-contractors, if any) without the prior written consent of the City Manager, which consent, if given at all, shall be at the Manager's sole and absolute discretion. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: A By: 11.,_ - afael E. ranado Jim j L. M•rates City Clerk �.....mm�.nt‘ City Iii anager B I. a / , - /0\..............I"!0 414 1 It li 'OP'S' \ lif,-...*.-..•5- .. il (4C Date ITZ"I'—" Vor ..-- iii71.- O �= * ..INcomo °W ED.; FOR CONTRACTOR: S( 7�'••..•. DICES ET AL, INC. ,4'Ih1�CH 2 ATTEST: a ,0 1 gc By: �,� ! Y I / �rn e l.C�c c� - l 110(w frneSS CPef�•{► lk+e-ErxPvCd Print Nene/Title Print Name/Title t i 1 W 1V t 1 1110 -G Date Date Corporate Seal APPROVED AS TO FORM & LANGUAGE • /&FOR XECUTION , / : , _ , ; i ,,, , 07 n--- . t ,a _Attorney to , , pc.... 13 EXHIBIT "A" "SCOPE OF SERVICES" All Services related to this Agreement being provided to minor children or youth must be administered in the presence of the minor's parent or legal guardian. Alternatively, the Services may be provided in a safe, public space (e.g. the minor's school), but only if approved in writing by the parent or legal guardian and the City. The Contractor agrees to provide the following services to youth enrolled in the City of Miami Beach Success University program: Service Units Documentation of Service of Service Care 35 Completion and execution of the following documents: Coordination Assessment & • Success University Assessment Form, with all documentation Plan of service provided via Community OS software Development • Attendance form signed by all attendees • Client Expectations Form • Parental Stress Scale (PSS): Pre-test • Strengths and Difficulties Questionnaire (SDQ): Parent/ guardian report pre-test • Strengths and Difficulties Questionnaire (SDQ): Self report pre-test, only for youth ages 11 and up. • For exactly SIX clients and their families: Adult Adolescent Parenting Inventory(AAPI): Pre-test Issuance of appointment for the following: • Family Group Conferencing session (inclusive of documentation of attendees and transportation needs) Notification email, to be sent from Contractor to City staff within 72 hours of service delivery. Family Group 74 Completion and execution of the following documents: Conference • Family Group Conferencing Attendance Form • Family Group Conferencing Action Plan • Family Group Conferencing Confidentiality Agreement Review and inclusion of the following documents: • Strengths & Concerns Form • Eco-Map Notification email, to be sent from Contractor to City staff within 72 hours of service delivery. Care 35 Completion and execution of the following documents: Coordination Follow Up#1 • Care Coordination Plan, including client(s) and staff signatures with documentation of service provided via Community OS software • Care Coordination Progress Form 14 Notification email, to be sent from Contractor to City staff within 72 hours of service delivery. Care 35 Completion and execution of the following documents: Coordination Follow Up#2 • Updated Care Coordination Plan including staff signatures and client signatures with documentation of service provided via Community OS software • Care Coordination Progress Form Notification email, to be sent from Contractor to City staff within 72 hours of service delivery. Flexible Care 25 Completion and execution of the following documents: Coordination Plan Check-In • Updated Care Coordination Plan with documentation of. service provided via Community OS software • Care Coordination Progress Form, signed by the Care Coordinator Notification email, to be sent from Contractor to City staff within 72 hours of service delivery. Care 35 Completion and execution of the following documents: Coordination Close-Out • Updated Care Coordination Plan including client and staff signatures with documentation of service provided via Community OS software • Care Coordination Progress Form • Program Evaluation Form completed by all clients • Parental Stress Scale (PSS): Post-test • Strengths and Difficulties Questionnaire (SDQ): Parent/ guardian report post-test • Strengths and Difficulties Questionnaire (SDQ): Self report post-test, only for youth ages 11 and up. • For the SIX clients and their families completing the pre-test version of the same: Adult Adolescent Parenting Inventory (AAPI): Post-test Notification email, to be sent from Contractor to City staff within 72 hours of service delivery. Restorative 50 • Preparation and review of intake— Initial contact with Justice Core parent/guardian Component • Introduction to RJ concept, purpose, principles and goals • Review of infraction causing referral, Identifying the harm • Identifying, acknowledgement of who harm impacted; taking steps to repair the harm and relationship • Introduction to Apology Letters...follow-up • Introduction to Goal Ladder...follow-up o conferencing with each student • Completion of Accountability Plan and Submission to 15 Success University, student, S parent/guardian. Restorative 50 Attendance form signed by all attendees. Each session must Justice Circle take place on a different date, unless previously approved by the City. Notification email, to be sent from Contractor to City staff within five (5) days of service delivery. Psycho- 40 • Coping skills Educational • De-escalation techniques Sessions • Diversionary techniques Flexible 10 • Follow-up phone calls to parent and/or school Restorative • School visits Justice Sessions • Home visits Notification email, to be sent from Contractor to City staff within five (5) days of service delivery. Related Definitions: Care Coordination Assessment& Plan Development—The Care Coordination Assessment & Plan Development ("Assessment") documents the natural supports and needs of the client. and his/her family. The assessment forms must be completed accurately and completely and submitted to the City, where the client is assigned a number in The Children's Trust's data management system, SAMIS. The duration of the Assessment must be a minimum of 90 minutes. Assessments must meet the following criteria: • Information collected is documented completely and accurately in a typed format • Adherence to grammar and spelling rules for the English language • A sincere and thorough effort to understand the client, his/her family, and their respective strengths and needs must be made and must be evident within service documentation • Effective engagement to ensure that the client and his/her family are informed regarding program services and expectations as well as the means/process by which to access additional services must be utilized • Full, thorough, detailed explanation of the program, its timeline, what the client and his/her family can expect, and Care Coordination must take place. • All client and family questions must be answered completely • All client and family needs must be identified and subsequently addressed via inclusion in the Care Plan • The factors impacting the primary concern (school attendance, risk of child maltreatment, or prevention of youth violence) have been identified and subsequently addressed via inclusion in the Care Plan • All Care Coordination goals, steps, and timelines are identified • Performance Measurement Tools are explained in detail to the client prior to their completion of the documents • Performance Measurement Tools are completed clearly, accurately, and in their entirety 16 • Explanation of confidentiality and its limits, including the fact that Contractor staff are mandated reporters • The Contractor must document, meet with, and speak with both the target child and primary parent/guardian, at minimum. Additional family members should be included, as appropriate. The Client Expectations Form must be completed, documenting that the client and his/her parent understand their role and accept the limitations of the program. Assessments must be completed within fifteen (15) days of referral. The Assessment includes the issuance of an appointment for a Family Group Conference and the documentation of all invited participants for the conference. The appointment must be documented via the client Assessment Form. Contractor must make a good faith effort to invite as many participants to the FGC as possible. Care Coordination Plan— The Care Coordination Plan embeds family referrals into a single document. It includes the identification of a specific client need and the subsequent identification of a programmatic or community-based resource and/or strategy to address the need. The Care Coordination Plan must address all service needs recognized in the intake and assessment and must identify solutions for client-initiated requests — notably those that influence the primary concern (school attendance, risk of child maltreatment, or prevention of youth violence). The selection of an agency or service for inclusion in the Care Coordination Plan must be done with the following client-focused interests in mind: • Is the referral appropriate within the scope of Success University? • Does the referral specifically address the need identified? • Can the client access the services being sought via the referral, and did the Contractor give detailed instruction on how to do so? • Is the agency provided in the referral the most accessible and appropriate provider for the services needed? • Is the referral culturally appropriate? • Is the receiving agency qualified to provide the quality services being sought? • Does the client consent to receiving the referral? These referrals must be documented using the Success University Assessment Form and via Community OS software. Family Group Conference— The Family Group Conference expounds upon the information obtained via the Assessment process to focus the natural assets available in and around the child's support network to ensure school attendance, safe communities, supportive families, and personal success as defined by the client and his/her family and friends. The duration of the Family Group Conference must be a minimum of two hours. The Family Group Conference should be provided in the family's language of choice, when reasonably possible. The documentation, which is the product of the Family Group Conference, must meet the following criteria, at minimum: • Information collected is documented completely and accurately in a typed format • Adherence to grammar and spelling rules for the English language • At least three (3) goals identified in the Action Plan • At least twelve (12) strengths have been identified for the child 17 • At least three (3) strengths have been identified for the family • The Contractor must document, meet with, and speak with both the target child and primary parent/guardian, at minimum. Additional family members should be included, as appropriate. Care Coordination Follow-Up Services— The Care Coordination Plan outlines the specific strategies and steps to be taken by the child and his/her family members to address school attendance, the risk of child maltreatment, the prevention of youth violence, personal and family stability, and any other needs and concerns. The plan identifies the issues to be addressed and the respective community-based agencies, natural supports, or general resources that will be harnessed in response. The purpose of Care Coordination Follow-Up Services is to ensure the clients are adhering to the Care Coordination Plan and that staff is making edits to the Care Coordination Plan as needed and appropriate. During the meeting, the Contractor will review and discuss with the clients each item listed on the Care Plan individually and both parties will agree to its terms collectively. Shared decision-making is the crux of this document; as such, the Contractor and client may jointly request changes to the Care Coordination Plan, which subsequently must be approved by the City. Care Coordination Follow-Up Services are conducted in person with, at a minimum, the primary client and one parent or legal guardian present. The service must meet the following criteria, at minimum: • Information collected is documented completely and accurately in a typed format • Adherence to grammar and spelling rules for the English language • Detailed review of the entire Care Coordination Plan • Progress on each item is reviewed and documented • All client questions answered in detail • Detailed direction on how to access each item included on the Care Plan is provided (e.g., call for an appointment, address, public transit info, etc.) • The identification of any additional needs or issues was discussed and, when appropriate, new referrals were subsequently issued • The Contractor must document, meet with, and speak with both the target child and primary parent/guardian, at minimum. Additional family members should be included, as appropriate. The first Care Coordination Follow Up is to take place within the following timeframe: • Within fourteen (14) days of the Assessment The second Care Coordination Follow Up is to take place within the following timeframe: • Within twenty-one (21) days of the first Care Coordination Follow-Up Care Coordination Follow-Up Service meetings must be a minimum of 60 minutes in duration. Care Coordination Plan Flexible Check-In—The Care Coordination Plan Flexible Check-In is to be utilized for clients who have not yet met 50% of their Care Coordination Plan goals at the time of Care Coordination Follow-Up Services. Clients receiving Care Coordination Plan Check-In services should present ongoing challenges to the satisfaction of their goals. The use of a Care Coordination Plan Flexible Check-In should be triggered by client need and must be justified in writing. A Care Coordination Plan Flexible Check-In provides an opportunity to monitor the client's 18 progress towards the goals identified via the Care Coordination Plan as well as to identify any new concerns or issues that require action. In addition, a status update on child attendance, risk of child maltreatment, and/or prevention of youth violence must be included, as appropriate. A Care Coordination Plan Check-In is, at minimum, 45 minutes in length and is conducted in person or by phone. The service must meet the following criteria, at minimum: • • Information collected is documented completely and accurately in a typed format • Adherence to grammar and spelling rules for the English language • Progress on child attendance, risk of child maltreatment, and/or prevention of youth violence is reviewed and documented • Progress on the Care Coordination Plan is reviewed and documented • The identification of any additional needs or issues affecting school attendance, risk of maltreatment, or prevention of youth violence are discussed and, when appropriate, referrals are subsequently issued • The Contractor must document and speak with both the target child and primary parent/guardian, at a minimum. Additional family members should be included, as appropriate. Care Coordination Plan Close-Out—The Care Coordination Plan Close-Out documents the client's successful completion of a minimum of 75% of the goals included in their Care Coordination Plan. Failure to complete 75% of the items included in the Care Plan should trigger a referral to an alternate program or exploration of alternate service strategies for the client. A Care Coordination Plan Close-Out is conducted in person with both the child/youth client and the client's parent/guardian and is, at minimum, 60 minutes in length. The service must meet the following criteria, at minimum: • Information collected is documented completely and accurately in a typed format • Adherence to grammar and spelling rules for the English language i • Progress on child attendance, risk of child maltreatment, and/or prevention n of youth violence is reviewed and documented • 75% completion of the Care Coordination Plan is reviewed and documented • If there are any items included in the Care Coordination Plan that were not completed, thorough explanation must be made and documented. Contractor must show evidence of attempts to assist the client in satisfaction of all incomplete • goals, e.g. by implementing new referrals and/or strategies. • Completion of the Program Evaluation Form by every client • Performance Measurement Tools are explained in detail to the client prior to their completion • Performance Measurement Tools are completed clearly, accurately, and in their entirety • The Contractor must document, meet with, and speak with both the target child and primary parent/guardian, at minimum. Additional family members should be included, as appropriate. Performance Measurement Tools: Performance Measurement Tools are used to document and monitor client progress. It is important that clients understand there is no right or wrong answer and that they are as honest as possible when completing the tools. The Contractor must afford clients must as much time as they need to complete the tools. The Contractor will advise clients of the name of the tool they are completing and its purpose and will then instruct the client to complete the tool on their own accord. The Contractor is not to provide 19 any coaching or guidance that may influence the client's answer selection. If the parent/guardian is unable to read or if the tools are not provided in the client's primary language, then the Contractor may read the questions and answers aloud verbatim from the tools and subsequently record the client's selection. Client refusal to complete performance Measurement Tools must be well-documented in writing and must include thorough explanation of the reason for refusal and must document attempts made by the Contractor to accommodate the client and encourage the completion of the tools. • Parental Stress Scale (PSS): The PSS questionnaire is used to determine how much stress parents are experiencing. The Contractor must administer the questionnaire pre-test by the Care Coordination Assessment. The Contractor is required to administer the questionnaire post-test during the Care Plan Close-Out meeting. Contractor must administer the PSS to all clients. • Strengths and Difficulties Questionnaire (SDQ) Parent/Guardian Report: The SDQ Parent/Guardian report questionnaire is a brief behavioral screening completed by the child's parent or guardian that asks about 25 attributes, some positive and others negative. The Contractor must administer the questionnaire pre-test by the Care Coordination Assessment. The Contractor is required to administer the questionnaire post-test during the Care Plan Close-Out meeting. Contractor must administer the SDQ parent/guardian report to all clients. • Strengths and Difficulties Questionnaire (SDQ) Self-Report The SDQ Self-report questionnaire is a brief behavioral screening completed by youths ages 11 — 18 that asks about 25 attributes, some positive and others negative. The Contractor must administer the questionnaire pre-test by the Care Coordination Assessment. The Contractor is required to administer the questionnaire post-test during the Care Plan Close-Out meeting. Contractor must administer the SDQ Self-Report to all youth ages 11 - 18. • Adult Adolescent Parenting Inventory (AAPI): The AAPI questionnaire is a parenting skills screening completed by the child's parent or guardian. The Contractor must administer the questionnaire pre-test by the Care Coordination Assessment. The Contractor is required to administer the questionnaire post-test during the Care Plan Close-Out meeting. Contractor must administer the AAPI to 10% of its clients. Restorative Justice Core Components— The Restorative Justice Core Components is presented by the Contractor's staff in accordance with their policies and procedures. The Restorative Justice Core Components is documented by the full and accurate completion of the Attendance Form including signature of the identified client(s) receiving the service and Facilitator providing the service. Restorative Justice Circle—The Restorative Justice Circle is completed by the Contractor's staff in accordance with their policies and procedures. The Restorative Justice Circle is documented by the full and accurate completion of the Attendance Form including signature of the identified client(s) receiving the service and Facilitator providing the service and is, at minimum, 60 minutes in length. Psycho-Educational Sessions—The Psycho-Educational Sessions is to be provided by the Contractor's staff in accordance with their policies and procedures. The Psycho-Educational Sessions is documented by the full and accurate completion of the Attendance Form including signature of the identified client(s) receiving the service and Facilitator providing the service. 20 Flexible Restorative Justice Sessions—The Flexible Restorative Justice Sessions is to be utilized by the Contractor's staff in accordance with their policies and procedures. The Flexible Restorative Justice Sessions is documented by the full and accurate description of the necessity of service and a sign-in sheet which includes signature of the identified client(s) receiving the service and the Contractor's staff providing the service. Should the Contractor encounter challenges in meeting the below stated service deliverables within the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the City. If the Contractor is unable to satisfy deliverables within the required timeframes, the City reserves the right to conduct said services or assign said services to an alternate vendor at its sole discretion. Services must be provided in accordance with the below timeline and in response to client needs. If the Contractor is found to be providing services primarily during the second half of any calendar month, the City reserves the right to request documentation to explain the delay in service provision. Service Deliverables Services must be delivered as follows: . :_ -Service Unit-:of Service Service Tirneframe - ;Location _ Care 1 for each of up Client Home All eligible Assessments will be Coordination to 35 completed within fifteen (15) days of Assessment & children/families receipt of referral. Contractor must Plan make initial contact with the client Development within 72 hours of referral and must report the results of the contact initiation to the City. Should the Contractor encounter challenges in meeting the service deliverables within the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the City. Care 1 for each of up Client Home All eligible Care Coordination Plan Coordination to 35 Follow-Up#1 will be completed Plan Follow-Up children/families between five (5) and fifteen (15) days #1 of submission of Assessment. Should the Contractor encounter challenges in meeting the service deliverables within the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the City. Care 1 for each of up Client Home All eligible Care Coordination Plan Coordination to 35 Follow-Up#2 will be completed Plan Follow-Up children/families between five (5) and twenty-one (21) ##2 days of submission of preceding Care Coordination session. Should the Contractor encounter challenges in meetin• the service deliverables within 21 the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the City. Flexible Care Up to 25 total Client Home Flexible Care Coordination Plan Coordination Check-Ins will be completed as Plan Check-In triggered by need within twenty-one (21) days of preceding Care Coordination session. Should the Contractor encounter challenges in meeting the service deliverables within the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the City. Care 1 for each of up Client Home All Care Coordination Plan Close-Outs Coordination to 35 will be completed between five (5) and Plan Close-Out children/families twenty-one (21) days of preceding Care Coordination session. Should the Contractor encounter challenges in meeting the service deliverables within the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the City. Family Group 1 for each of up City of All eligible Family Group Conferences Conference to 74 families Miami will be completed within twenty-one Beach (21) days of referral Restorative 1 for each of up City of All eligible Restorative Justice Core Justice Core to 50 students Miami Components will be completed based Components Beach on receipt of new, non-repeat students. Restorative 50 City of Restorative Justice Circles will be Justice Circle Miami completed in conjunction with the Step Beach Up program activity on an ad hoc basis Psycho- 40 City of Psycho-Educational Sessions will be Educational Miami provided based on the attendance of 2 Sessions Beach or more students in a session. Flexible 10 Client Flexible Restorative Justice Sessions Restorative Home, will be utilized on an identified need Justice Sessions Client discovered during the Step-Up School, program in which it requires the follow Telephone up by the Contractor's staff outside of Calls Step-Up Program hours. Service Documentation Services will be deemed as provided when the following documentation is provided within the. noted timeframes: Service - Documentation Submission Deadline Care Coordination • Assessment Form; Three (3) business days 22 Assessment & -Attendance Form; from provision of service Plan Development •Client Expectations Form; •Performance Measurement Tools (PSS, SDQ Self-Report, SDQ Parent Report, & AAPI) •Notification Email, including FGC information Care Coordination • Updated Care Coordination Plan Three (3) business days Plan Follow-Up#1 • Care Coordination Progress Form from provision of service • Notification Email Care Coordination • Updated Care Coordination Plan Three (3) business days Plan Follow-Up#2 • Care Coordination Progress Form from provision of service • Notification Email Flexible Care • Updated Care Coordination Plan Three (3) business days Coordination Plan • Care Coordination Progress Form from provision of service Check-In • Notification Email Care Coordination • Updated Care Coordination Plan Three (3) business days Plan Close-Out • Care Coordination Progress Form from provision of service • Program Evaluation Form completed by all clients "Performance Measurement Tools (PSS, SDQ Self-Report, SDQ Parent Report, & AAPI) •Notification Email Family Group • FGC Action Plan Form signed by all Three (3) business days Conference responsible parties from provision of service • FGC Strength/Concerns Form • FGC Eco-Map Form •FGC Confidentiality Agreement signed by all in attendance • Attendance Form signed by all in attendance • • Service Evaluation Form completed by all in attendance • Notification Email Restorative Justice • Attendance Form Three (3) business days Core Components • Notification Email from provision of service Restorative Justice • Attendance Form Three (3) business days Circle • Notification Email from provision of service Psycho- • Attendance Form Three (3) business days Educational • Notification Email from provision of service Sessions Flexible • Sign-In Sheet or Call Log Sheet Three (3) business days Restorative Justice • Notification Email from provision of service Sessions Please refer to attachment C, Care Coordination Timeline of Services, for additional information. 23 _ Penalties for Failure to Perform If the Contractor fails, on two occasions, to submit required, accurate documentation in the timeframe allotted, including the absence of notification email, the Contractor will forfeit two (2%) percent of the combined billed total for the months in which inaccuracies took place. Documents submitted within the required timeframe and found to be insufficient are subject to penalties for failure to perform. If the Contractor fails, on three occasions, to submit required, accurate documentation in the timeframe allotted within the contract Term, the Contractor is subject to the termination by the City of any further service referrals, but Contractor will be allowed to complete the service units allotted to existing clients. The decision to cease additional referrals rests in the sole discretion of the City. "Required, accurate documentation" may refer to: • Monthly invoices • Monthly narratives • Monthly client lists • Monthly in-kind hours • Client Assessments • Service documentation of any kind, including sign-in sheets • Family Group Conference documents • Any documents associated with Care Coordination, including Care Coordination Plan forms, Care Coordination Progress forms, Care Plan Close Out forms, Attendance forms, Service Evaluation forms, or any other documentation required by this Agreement. • Performance Measurement Tools • Notification Emails • Any document required by this Agreement If any individual employed by or independently contracted with the Contractor fails, on more than one occasion, to attend a scheduled client meeting without notifying the City of an impending absence, the City reserves the right to remove that individual from the Contractor's staff roster.for the purposes of this Contract. If the Contractor is unable to fulfill the contracted service level within the allocated timeframe for each service component, the City reserves the right to reduce service levels accordingly across the funded service spectrum and terminate this Agreement at its discretion. If the Contractor is unable to fulfill the contracted service level and the City subsequently reduces service and funding levels, the City reserves the right to select another vendor to fulfill the remaining service units. The City will select the alternate vendor at its sole discretion. Engagement Strategies The Contractor will adhere to the following engagement strategies in the delivery of Care Coordination services: • Advise the client and his/her parents and/or guardians of the scheduled appointment for Family Group Conference at the time of the Assessment. 24 • Provide client and his/her parents and/or guardians information regarding the importance of adhering to school attendance policies, if applicable. • Provide client and his/her parents and/or guardians information regarding the Care Coordination process and all other available services. • Reintroduce the services available through the Program at each client interaction. • Document every interaction with or on behalf of client. • Employee/ Contractor File Review The following documentation must be included in the employee/contractor file for all employees/contractors providing services under this contract. The following must be included in the employee files: • Employment Application • Evidence of degree/credentials • Job Description Signed by Employee • Evidence of Required Experience • Florida Background Criminal Screening • National FBI Background Criminal Screening (Level 2) • Affidavit of Good Moral Character • Proof of Knowledge of Policies & Procedures • Confidentiality Agreement Re: Client Information • Authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Agreement • Daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement • Documentation of Contractor Training/In-Service Training • Documentation of City-provided trainings • Documentation of attendance at one CCDH training • 1-9 Verification on File Monitoring visits shall take place within thirty (30) days of the commencement of services. The City will notify the Contractor a minimum of five (5) business days' notice prior to a monitoring visit. The City reserves the right to inspect employee/contractor files with due notice (at least forty- eight (48) hours in advance of planned site visit) to ensure adherence to contractual expectations as well as to ensure pre-screening prior to a monitoring visit by The Children's Trust. Evaluation In the continuing effort to ensure programming excellence, clients will be provided with evaluation forms at the end of each programming component to gauge their satisfaction with services provided. At a minimum, the Contractor must obtain evaluation forms from the primary child client and the parent/guardian. The evaluation forms will be provided by the City and must be administered at the following times: • Completion of Family Group Conference • Completion of Care Plan Close-Out (program evaluation form) 25 The City will conduct intermittent performance evaluations for the purpose of monitoring the Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice and at its sole discretion. Reporting Requirements Each month, the Contractor will provide the City with a Monthly Progress Report, Client List, and Reimbursement Request utilizing the City's Reporting and Reimbursement Forms (Exhibit B) by 5:00 PM on the fifth (5th) of the following month. The client list detailing the dates, services provided, and clients receiving said services must be included. If in-kind hours are submitted, back-up documentation stating same must be included. In the event that the third of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Reports are due to the City on the following dates: • Thursday, November 5, 2015 • Tuesday, April 5, 2016 • Monday, December 7, 2015 •Thursday, May 5, 2016 • Tuesday, January 5, 2016 • Monday, June 6, 2016 • Friday, February 5, 2016 • Tuesday, July 5, 2016 • Monday, March 7, 2016 • Friday, August 5, 2016 Monthly reports and reimbursement requests may be submitted via any of the following methods: • Electronic mail • Facsimile • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled • Necessary back-up materials are included (service documentation, sign-in sheets, etc.) • Reports bear the signature of the authorized agency representative submitting the report on behalf of the Contractor The City will document Contractor service level data and monthly reports via Active Strategy software for inclusion in the monthly report to the Miami Beach Service Partnership Governing Board as well as the City's website. Miami Beach Service Partnership Meeting Attendance The Contractor is required to have representation at each calendared Miami Beach Service Partnership Governing Board meeting. In the event a representative cannot attend in person, arrangements can be made for a telephonic connection no more than twice per contract year. If the Contractor fails to have representation at two meetings, the City reserves the right to reduce contracted service levels at its sole discretion. 26 Monitoring& Performance Reviews The City of Miami Beach reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual compliance. This includes, but is not limited to: • Review of on-site service delivery • Inspection and review of client, budgetary and employee files (for those employees providing services under this Agreement) _ The monitoring tool provided by The Children's Trust, On-Site Monitoring Tool, will be used to guide inspections and monitoring visits. (Copy included herein.) Monitoring visits will take place within thirty (30) days of the commencement of services. The City will notify the Contractor a minimum of five (5) business days' notice prior to a monitoring visit. Partner Performance Ratings The Contractor agrees that its Partner Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website on a bi-annual basis: • Timely and accurate submission of monthly progress report • Timely and accurate submissions of monthly financial reports (reimbursement requests) • Delivery of contracted service units • Promotion of the Miami Beach Service Partnership • Attendance at Miami Beach Service Partnership Governing Board and related committee(s) meetings Ratings will be given for each performance measure based on the following: Performance Measure``_ I ' Rating=Rationale.&=Score. Timely and accurate submission of Monthly ➢ "0" for failing to submit on time Service Summary Report ➢ "15" for submitting on time Timely and accurate submissions of > "0" for failing to submit accurate report with monthly financial reports (Monthly back-up material on time Reimbursement Request) ➢ "15" for submitting accurate report on time Delivery of contracted service units Possible score of 0 to 40 based upon completion of projected service units. Score is calculated by dividing the completed number of service units by the total number of referred service units. Timely and complete document submission Possible score of 0 to 10 based upon timely and complete submission of service documentation. Score is calculated by dividing the number of service units submitted timely and satisfactorily by the total number of service units completed. Attendance at Miami Beach Service Possible score of 0 to 20: Partnership and related committee(s) 10 Points for attendance at Miami Beach meetings Service Partnership meetings; 10 points for Committee attendance (In the event that there 27 are no committee meetings scheduled, the value for attendance at the Miami Beach Service Partnership meeting will be 20.) Promotion & Public Relations Requirements The Contractor agrees to receive Success University Program Brochures and make them available to clients during all in-person client interactions. The Contractor agrees to link its website to the City's Success University webpage. Such link must be in place prior to the execution of this contract. The Contractor agrees to indicate its membership in the Partnership in all self-produced marketing materials that are produced for the benefit of youth and families. Training Requirements Personnel providing services under in this Contract will be required to complete the following trainings prior to service provision, as delineated below: Care Coordination Services: City provided ❑ Program Overview Training trainings ❑ Care Coordination Training ❑ Engagement Training ❑ Community OS Software Training Care Coordination Services: Additional ❑ Family Group Conference Observation required trainings ❑ CCDH Disability awareness training ❑ DCF Abuse & Neglect Online Training ❑ Quarterly Staff Development Trainings: • January 15, 2016 • April 8, 2016 • July 1, 2016 Family Group Conferencing Services ❑ Program Overview Training The total training time required under"Care Coordination Services: City provided trainings" is two business days. Contractor acknowledges all Care Coordinators must pass a written examination prior to initiating service provision. Contractor agrees to allow the City to audit each Contractor staff member during the provision of Care Coordination services for the purposes of maintaining fidelity. City audit shall take place by the third service provision by each Contractor staff member. The Contractor agrees to send at least one representative to attend a City-sponsored grant writing workshop by July 31, 2016. Alternately, the Contractor may submit documentation indicating at least one member of its staff has attended another Grant Writing training in the same period of time. The Contractor agrees to send its Miami Beach Service Partnership Meeting representative to a City-sponsored member refresher training at a minimum of once every two years. 28 In the event that any Contractor staff member does not satisfy the above training requirements or if any Care Coordinator does not attend one or more of the required City provided or Quarterly Staff Development trainings, the City reserves the right to remove the staff member from the Contractor's roster for the purposes of this Agreement, at its sole discretion. Client Termination Care Coordinators must notify the Program Coordinator of client inactivity. If the Care Coordinator has not been able to reach a client they must notify the Program Coordinator by the fourteenth (14) day. Contractor's Staff Roster Contractor will provide the City with following information for each individual employed by or independently contracted with the Contractor to conduct services related to this Agreement: • Name • Resume • Credentials, to include degrees and licenses, as required by position • Phone number • E-mail address • Days and times available for service provision (minimum of three weeknight or weekend shifts available per week) • Language Skills (minimum of one bilingual staff member required per every 10 contractually required clients) • Total number of hours per week each staff member is able to commit • Name of Supervisor and total number of hours per week committed to supervision/staffing in support of activities related to this Agreement. Contractor agrees to adhere to screening staff and contracted employees for minimum requirements appropriate to positions related to this Agreement and in accordance with Contractor's policies and procedures. Contractor's staff members are required to wear identification while conducting services. Contractor's employees and independent contractors providing Mental Health services and/or Counseling Sessions must meet the following criteria, at minimum: • A minimum of an earned master's degree from a mental health counseling program or a program in a closely related field that is CACREP and/or regionally accredited • Licensed as Registered Mental Health Counselor Intern or higher in the State of Florida • Obtained a mental health counselor qualified supervisor Switchboard of Miami Registration Contractor agency will register with Switchboard of Miami to ensure that agency information is accurate and updated. This contractual obligation is directed by The Children's Trust. Agency registration can be done at the following website: www.switchboardmiami.orq 29 Additional Documentation The following documentation must be submitted with this executed agreement: • All required insurance certificates • Copy of current financial audit • Copy of required business licenses and permits • List of all members of Contractor's Board of Directors,,if applicable • Contractor's Board of Directors by-laws, if applicable • Conflict of Interest policy • Agency 990 Form • Agency W-9 Form THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 30 EXHIBIT "B" INVOICING The Contractor agrees to provide the invoicing and services documentation as indicated utilizing the following forms attached herein: • Monthly Service Summary Report, and • Monthly Reimbursement Request • Monthly Client Status List I 31 EXHIBIT "C" ATTACHMENTS The following reference documents are attached: • The Children's Trust Grant Agreement • Care Coordination Timeline of Services 32 ,. i