PSA with EMPOWERING YOUTH, INC. 020 t('QV 7 /0
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
EMPOWERING YOUTH, 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 EMPOWERING
YOUTH, INC., a Florida not for profit corporation, whose principal address is 1031 Ives Dairy
Road, Suite 228, Miami, Florida 33179 ("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 twenty-five (25) children and their families and
Mental.Health services for up to six (6) children and/or 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
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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 Seventeen Thousand Three Hundred
and Seventy-Nine Dollars and Three Cents ($17,379.03).
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 twenty-five (25) 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 Three
Thousand Six Hundred and Five Dollars ($3,605.00);
b) Provision of two (2) Care Coordination Plan Follow-Up services each for up to twenty-
five (25) 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 Three Thousand Nine Hundred and Thirty-Seven Dollars and Fifty Cents
($3,937.50);
c) Provision of thirteen (13) 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 Three Hundred and Sixty-One Dollars
and Fifty-Three Cents ($361.53);
d) Provision of one (1) Care Coordination Plan Close-Out service each for up to twenty-
five (25) 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 Two
Thousand Five Hundred and Seventy-Five Dollars ($2,575.00).
e) Provision of one (1) Mental Health Assessment service each for up to six (6) children
and/or family members at the rate of Two Hundred and Fifty Dollars ($250) per each •
Mental Health Assessment service for a maximum not to exceed One Thousand and
Five Hundred Dollars ($1,500); and
f) Provision of twelve (12) Counseling Sessions each for up to six (6) children and/or
family members for a total of seventy-two (72) Counseling Sessions, at the rate of
Seventy Five Dollars ($75) per each counseling session for a maximum not to exceed
Five Thousand Four Hundred Dollars ($5,400.00).
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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
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
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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,
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.
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The Contractor shall maintain and carry in full force during the Terrri, 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+"
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.
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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.
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 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
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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
"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.
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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
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: Empowering Youth, Inc.
Attn: Andrea Wanza, Executive Director
1031 Ives Dairy Road, Suite 228,
Miami, Florida 33179
(786) 489-2080
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,
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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
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.
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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.
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
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of-the receiving party, (c) is rightfully received by the receiving party frorn 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."
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.
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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,
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
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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
Service
Care 25 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 four 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.
Care 25 Completion and execution of the following documents:
Coordination
Follow Up#1 • Care Coordination Plan, including client(s) and staff
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.
Care 25 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.
•
14
Flexible Care 13 _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 25 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 four 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.
Mental Health 6 Attendance form signed by all attendees. Each session must
Assessment 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.
Counseling 72 Attendance form signed by all attendees. Each session must
Session 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.
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
15
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
• 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?
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• Does the client consent to receiving the referral?
These referrals must be documented using the Success University Assessment Form and via
Community OS software.
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
17
•
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
• Progress on child attendance, risk of child maltreatment, and/or prevention 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
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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.
Mental Health Assessment — The Mental Health Assessment is completed by the
Contractor's staff in accordance with their policies and procedures. The Mental Health
Assessment remains private, unless the Contractor deems specific information to be relevant
and/or important for the City's provision of other services or if information compiled in the
Mental Health Assessment is deemed to be relevant to the safety of the client or others. The
Mental Health Assessment is documented by the full and accurate completion of the
Attendance Form including signature of the identified client(s) receiving the service and
clinician providing the service.
Counseling Session — The Counseling Session is completed by the Contractor's staff in
accordance with their policies and procedures. The Counseling Session and its contents
remain private, unless the Contractor deems specific information to be relevant and/or
important for the City's provision of other services or if information compiled in the
Counseling Session is deemed to be relevant to the safety of the client or others. The
Counseling Session is documented by the full and accurate completion of the Attendance
Form including signature of the identified client(s) receiving the service and the clinician
providing the service and is, at minimum, 60 minutes in length.
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•
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 - • Timeframe •
Location
Care 1 for each of up Client Home All eligible Assessments will be
Coordination to 25 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 25 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 25 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
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.
Flexible Care Up to 13 total Client Home Flexible Care Coordination Plan
Coordination Check-Ins will be completed as
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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 25 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.
Mental Health 1 for each of up Client Home All eligible Mental Health Assessments
Assessment to 6 will be completed within fifteen (15)
children/families days of receipt of referral. Contractor
must make initial contact with the client
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.
Counseling 12 for each of up Client Home All eligible counseling sessions will be
Session to 6 completed within ninety (90) days of
children/families Mental Health Assessment. Should the
for a total of 72 Contractor,encounter challenges in
unique meeting the service deliverables within
Counseling the required timeframes, the Contractor
Sessions may request an extension. The
approval and duration of all extensions
are at the sole discretion of the City.
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
Assessment & -Attendance Form; from provision of service
Plan Development -Client Expectations Form;
-Performance Measurement Tools (PSS,
21
•
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
Mental Health • Attendance Form, clearly delineating Five (5) business days
Assessment identified client from provision of service;
• Notification Email if documents are being weekly submission on
submitted via Community OS Monday of each week..
• Encrypted Email document submission Weekly document
(ONLY if Contractor is able to encrypt submissions must include
emails for the protection of client status updates on any
information) clients presenting
difficulties with scheduling
or service provision.
Counseling • Attendance Form, clearly delineating Five (5) business days
Session identified client from provision of service;
• Notification Email if documents are being weekly, submission on
submitted via Community OS Monday of each week.
• Encrypted Email document submission Weekly document
(ONLY if Contractor is able to encrypt submissions must include
emails for the protection of client status updates on any
information) clients presenting
difficulties with scheduling
or service provision.
Please refer to attachment C, Care Coordination Timeline of Services, for additional
information.
• 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.
22
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.
• 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 client.
23
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)
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.
24
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.
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
25
• 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 ( 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
are no committee meetings scheduled, the
value for attendance at the Miami Beach
Service Partnership meeting will be 20.)
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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
Mental Health 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.
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.
27
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
•
28
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.
29
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
30
EXHIBIT "C"
ATTACHMENTS
The following reference documents are attached:
• The Children's Trust Grant Agreement
• Care.Coordination Timeline of Services
•
•
31
Ereowermen ;
1031 Ives Dairy Road,Suite 228
Miami, FL 33179
Phone: (305)654-7251
Fax: (305)647-0203
November 13,2015
City of Miami Beach
1700 Convention Center Dr.
Miami Beach,Florida 33139
Re: Background Screening Requirements Program Year 2015-16
The Children's Trust Contract#1610-1090
Dear Talmage.Thornhill:
This letter is written to confirm that each of the following staff working under this contract have
successfully completed the required Level 2 Background Screening.
Employee Names
1. Veronica Nowell
2. Ana Santana
Sinc= el
A Brea Wanza,Ph.►�
Executive Director
Empowering Youth Inc.
•
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
ersonall appeared AM Aft / (4/00Zi.�,Authorized Provider
Before me,the undersigned authority, personally
Representative of Y711Y)we(r il iii6 1 ,who being by me first duly sworn, deposes and says:
t
I swear and affirm that the a ove-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 Fl Ida Statutes, as applicable,for all personnel having direct contact with children.
i
I, Til
11/4/4
1 - Dcl'fie •
{Signature / t' " Director/HR Director)
Sworn to and subscribed before me at Miami-Dade County, Florida this 0day of frDi ,20_by •
Who is personally known to me J
,- Who produced identification: ` (r-
Type of identification •
Signature of Notary Public
State of Florida at Large
P6fil ek Ze,✓1 S e / 1 y/v •
Print,type or stamp name of notary public
•�,,��„�,.. PAMELA LOUISE TAYLOR •My Commission Expires: Irl'iegelli,�pR �Za%'. Notary Public-State of Florida ,
Y
= Ex fires duo 3.2017
•= My Comm. P 010 210 r: Commission#;°;•'� Bonded Tfuough National Notary Assn. .
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