Contract No. 1714-1090 with The Children's Trust 2016- 229 "381
FY 2016-2017
CONTRACT NO. 1714-1090
BETWEEN THE CHILDREN'S TRUST
AND CITY OF MIAMI BEACH
FOR AFTER-SCHOOL PROGRAMS AND SUMMER CAMPS
THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129
and City of Miami Beach hereafter"Provider" whose address is 1700 Convention Center Drive, Miami, Florida 33139.
In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to
as "Parties") agree as follows:
A. EFFECTIVE TERM
The effective term of this Contract shall be from August 1, 2016 through July 31, 2017, subject to funding availability
and Provider's performance.
B. TERMS OF RENEWAL, if applicable
In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider.
In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and
Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of
three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to, the following:
1. Provider meeting the performance requirements specified in this Contract.
2. Continued demonstrated and documented need for the services funded.
3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The
Children's Trust's sole discretion.
4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted
revenues from one fiscal year to another without year to year extension provisions in the contract.
5. If applicable,The Children's Trust in its sole discretion will initiate re-negotiation of this Contract before the contract
term expires.
C. SCOPE OF SERVICES
1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter"Services",
to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust.
Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and
Provider.
2. The Services' activities and performance measures, as well as complete and accurate data and programming
information will be used in the evaluation of Provider's overall performance.
3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively
for services in and for the benefit of Miami-Dade County residents.
D. TOTAL FUNDING
Subject to the availability of funds,the maximum amount payable for Services rendered under this Contract shall not
exceed $333,258.00, with a required match of $ 0 . Provider agrees that should available funding to The
Children's Trust be reduced, the amount payable under this Contract will be reduced at the sole option of The
Children's Trust. Provider agrees to adhere to Attachment B of this Contract: Other Fiscal Requirements, Budget and
Method of Payment.
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E. FISCAL MANAGEMENT
1. Double Billing and Payments
Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or
grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency.
Any claim for double payment by Provider shall be a material breach of this Contract.
2. No Supplanting of Existing Public Funds
The Children's Trust funding may not be used as a substitute for existing resources or for resources that would
otherwise be available for children's services, or to replace funding previously provided by, and currently
available from, local and state funding sources for the same purpose. A violation of this section is a material
breach of this Contract.
3. Capital Equipment
Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida
Administrative Code, Section 691-73.002, and is defined as individual items with a value of $1,000 or greater
which have a life expectancy of more than one year.
All capital equipment acquired by Provider less than$10,000, and reimbursed by The Children's Trust, shall be
capitalized by the Provider and Provider shall retain all rights and possession of equipment unless this Contract
is subject to termination or early cancellation. Should this Contract be terminated or not renewed, The
Children's Trust may acquire rights and possession of all reimbursed capital equipment that is not fully
depreciated.
All capital equipment acquired by Provider equal to or greater than $10,000, and reimbursed by The
Children's Trust, shall be capitalized by The Children's Trust and The Trust shall retain all rights to equipment
until the item is fully depreciated. Should this Contract be subject to termination or early cancellation, The
Children's Trust may acquire possession of all reimbursed capital equipment that is not fully depreciated.
Any or all such qualifying capital equipment shall be returned to The Children's Trust, or its designee(s) upon
request. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements
prescribed in section K of this Contract.
4. Assignments and Subcontracts
Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this
Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate
appropriate language from this contract into each subcontract and shall require each subcontractor
providing services to be governed by the terms and conditions of this contract. Provider shall submit to The
Children's Trust a copy of each subcontract to this Contract within 30 days of its execution. All sub-contracts
with Provider must be executed within 30 days of Provider's execution date. All subcontractors are subject to
monitoring by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this
contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract
have authority to communicate and exchange information about contract, program and/or fiscal issues.
Provider waives any and all claims, demands, and/or legal action based upon any such communications.
Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract,
including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall
not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. Provider
shall be solely liable for any expenses or liabilities incurred under any subcontract. Provider shall hold harmless
and defend,at Provider's expense,The Children's Trust against any claims, demands or actions related to any
subcontract.
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The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The
Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid
directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from
Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor.
Provider and any subcontractor must be currently qualified to conduct business in the State of Florida at the
time that a subcontractor agreement is entered into and services are rendered.
5. Religious Purposes
Providers and/or their faith-based community partners shall not use any funds provided under this Contract
to support any inherently religious activities, including but not limited to, any religious instruction, worship,
proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this
Contract.
6. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The Children's
Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a
material breach of this Contract.
7. Adverse Action or Proceeding
Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for
any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials.
Any such use by Provider shall be a material breach of this Contract.
8. Compliance
Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local
laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax
returns to retain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the
contract.
Provider further agrees to provide agency and site(s) information to Switchboard of Miami 211,The Children's
Trust 24 hour helpline.
F. INDEMNIFICATION BY PROVIDER
1. Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall
indemnify and hold harmless The Children's Trust and its officers, employees,agents and instrumentalities from
any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract
by Provider or its employees, agents, servants, partners, principals or subcontractors.
Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay
all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings,
and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon.
2. All Other Providers
Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs
of defense,which The Children's Trust or its officers,employees,agents or instrumentalities may incur as a result
of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by Provider or its employees, agents, servants, partners,
principals or sub-contractors, except to the extent arising from The Children's Trust's willful or wanton acts or
omissions.
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To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and
shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that
any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the
responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees,
agents.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS
Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions,
drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably
use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of
this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not
compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to
copyright,trademark or patent,legal title and every right,interest, claim or demand of any kind in and to any patent,
trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has
licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others
acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms
of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such
copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public
records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of
intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if
intellectual property owned by other parties is incorporated by Provider into the services required under this Contract.
Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the
use of others' intellectual property shall be at the sole expense of Provider.
As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the
limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any
nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual
property owned by the third party and provided,manufactured or used by the indemnifying Party in the performance
of this Contract violates the intellectual property rights of that third party.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract if Provider through action or omission
causes any of the following:
a. Fails to comply with Background Screening, as required under this Contract.
b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of
this Contract;
c. Fails to correct an imminent safety concern or take acceptable corrective action;
d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
e. Does not furnish and maintain the certificates of insurance required by this Contract or as determined by
The Children's Trust;
f. Does not meet or satisfy the conditions of award required by this Contract;
g. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support SAMIS disbursement
requests or advance funding disbursements;or,fails to submit,or submits incomplete or incorrect,detailed
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reports of requests for payment, expenditures or final expenditure reports; included, but not limited to
budgets, invoices, and amendments in Services & Activities Management System (SAMIS).
h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in
this Contract;
i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor,
evaluate and review Provider's program, including required client data;
j. Fails to comply with child abuse and incident reporting requirements;
k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material
misstatement;
I. Fails to correct deficiencies found during a monitoring,evaluation or review within a specified reasonable
time;
m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or
any of its agencies;
n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws;
o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and
stipulations in this Contract.
p. Fails to submit an Annual Financial Statement Audit and a Program-Specific Audit, as applicable, in
accordance with Section 0 and Attachment D of this contract.
q. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program
Specific Audit within thirty (30) days after Provider's fiscal year end.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach
and shall not be construed to be a modification of the terms of this Contract.
2. Remedies
If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's
Trust identifying the breach,The Children's Trust may pursue any or all of the following remedies:
a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with
Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such
remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any
other provision contained in this Contract, costs, or any judgments entered by a court of appropriate
jurisdiction.
b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written
notice of suspension to Provider of such suspension and specifying the effective date of suspension, at
least five business days before the effective date of suspension. On the effective date of suspension
Provider may (but shall not be obligated to) continue to perform the Services in this Contract,but Provider
shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in
connection with such Services. All payments to Provider as of the date of suspension shall cease, except
that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that
were performed and/or for deliverables that were substantially completed at the sole discretion of The
Children's Trust, prior to the effective date of such suspension. The Children's Trust may also suspend any
payments in whole or in part under any other contracts entered into between The Children's Trust and
Provider by providing separate written notice to Provider of each such suspension and specifying the
effective date of suspension, which must be at least five business days before the effective date of such
suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for
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payment as provided for in such other contracts for services that were performed and/or for deliverables
that were substantially completed at the sole discretion of The Children's Trust prior to the effective date
of such suspension. Provider shall be responsible for all direct and indirect costs associated with such
suspension including reasonable attorney's fees.
c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination
and specifying the date of termination at least five (5) business days before the effective date of
termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to
The Children's Trust clear and legible copies of all finished or unfinished documents,studies,surveys,reports
prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as
provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been
improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider
under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests
for payment for services that were performed and/or deliverables that were substantially completed at
the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d)
terminate or cancel, without cause, any other contracts entered into between The Children's Trust and
Provider by providing separate written notice to Provider of each such termination and specifying the
effective date of termination,which must be at least five business days before the effective date of such
termination, in which event The Children's Trust shall continue to review and pay verifiable requests for
payment as provided for in such other contracts for services that were performed and/or for deliverables
that were substantially completed at the sole discretion of The Children's Trust prior to the effective date
of such termination. Provider shall be responsible for all direct and indirect costs associated with such
termination, including reasonable attorney's fees.
d. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with
a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated
with such enforcement,including reasonable attorney's fees,costs,and any judgments entered by a court
of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through
conclusion of all appellate proceedings, and including any final settlement or judgment.
e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract.
J. TERMINATION BY EITHER PARTY
The parties agree that this Contract may be terminated by either party by written notice to the other party of intent
to terminate at least thirty (30) calendar days prior to the effective date of such termination.
K. INSURANCE REQUIREMENTS
Prior to, or on the date commencing the effective term of this Contract, Provider's insurance agent(s) shall provide
to The Children's Trust the following, as applicable: 1) Certificates of Insurance naming The Children's Trust as an
additional insured and the certificate holder on all applicable policies;and all applicable policies shall be maintained
in full force and effect for the entire term of this Contract.
Or,2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this
section or as determined by The Children's Trust, except as required by Florida law for government entities.
Failure by Provider to comply with Section K, shall be a material breach of this Contract. The Children's Trust will not
disburse any funds under this contract until all required Certificates of Insurance, or letter(s) of self-insurance have
been provided to and have been approved by The Children's Trust.
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Provider will carry insurance policies in the amounts and with the requirements indicated below:
1. Worker's Compensation Insurance covering all employees, non-incorporated independent contractors or
consultants, and incorporated independent contractors or consultants that do not have worker's
compensation coverage or a valid State of Florida exemption on file with the Department of Labor, as
required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining
Worker's Compensation insurance, the Provider must notify The Children's Trust and provide the necessary
certificate of insurance upon the termination of the exemption. The employer's liability portion will be
$500,000/$500,000/$500,000 as a minimum.
2. Comprehensive General Liability insurance,to include sexual molestation,in an amount not less than$500,000
combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding
$1,000 are discouraged, unless Provider can provide financial statements to support a higher deductible. The
Children's Trust must be designated and shown as an additional insured and the certificate holder with
respects to this coverage. The general liability policy must contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
3. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-owned coverage for
their employees and/or sub-contractors and transportation companies transporting program participants.
The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property
damage. The Children's Trust must be designated and shown as an additional insured and the certificate
holder with respects to this coverage. Coverage can be purchased as non-owned without hired auto
coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida
Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular
operations. Rental cars may be used for travel to attend conferences outside the tri-county area.
Transportation companies used by the Provider for the funded program must list The Children's Trust as a
certificate holder and as an additional insured.
4. Automobile liability coverage for all owned and/or leased vehicles of Provider and non-owned coverage for
their employees and /or sub-contractors not transporting program participants. The minimum amount of
coverage is $300,000 combined single limit per occurrence for bodily injury and property damage. The
Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with
respects to this coverage. Coverage can be purchased as non-owned without hired auto coverage when
the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint
Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental
cars may be used for travel to attend conferences outside the tri-county area.
5. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be
the same as the coverage and limits required for comprehensive general liability and The Children's Trust must
be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are
for short term functions and not meant to replace annual liability policies. The coverage is for the day or days
of the event and must provide coverage the day prior and the day following the event.
6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts
determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs
may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is
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.
•
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7. Proof of Property Coverage is required for all capital equipment greater than or equal to $10,000, and when
Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care
custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage
as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time
the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The
Children's Trust.
Certificate Holder
Certificate holder must read:
The Children's Trust
3150 SW 3rd Avenue, 8th Floor
Miami, Florida 33129
Classification and Rating
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida,with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as the financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the reasonable approval of The Children's Trust.
Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material
changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later
than thirty (30) days prior to the effective date of making any material changes to the insurance coverage except
for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances
are maintained and submitted to The Children's Trust for the duration of this Contract.
In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive
or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or
modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any
such decrease,waiver or modification.
In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Contract, The
Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance required under this section
is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing
from the date of cancellation of the prior insurance policy.
The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be
required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of
insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of
action or assessment that The Children's Trust may have against Provider for any liability of any nature related to
performance under this Contract or otherwise.
All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies
of insurance.
L. PROOF OF TAX STATUS
Provider is required to keep on file the following documentation for review by The Children's Trust:
■ The Internal Revenue Service (IRS) tax status determination letter, if applicable; and
• The most recent (two years) IRS form 990 or applicable tax return filing within six (6) months after Provider's fiscal
year end or other appropriate filing period permitted by law; and
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• IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit
form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state and federal
unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment
must be submitted within sixty (60) calendar days after the quarter ends.
M. NOTICES
Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of
this Contract. Notices to The Children's Trust shall be marked to the attention of its President/CEO. It is each Party's
responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under
this Contract; mailing address, and/or telephone number.
N. AUTONOMY
The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the
contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality
of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust.
O. RECORDS, REPORTS, AUDITS AND MONITORING
The provisions of this section shall survive the expiration or termination of this contract, consistent with Florida laws.
1. Accounting Records
Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). All such
records will be retained by Provider for not less than five years beyond the last date that all applicable terms of this
contract have been complied with, final payment has been received and appropriate audits have been submitted
to and accepted by The Children's Trust. However,if any audit,claim, litigation, negotiation or other action involving
this contract or modification hereto has commenced before the expiration of the retention period, then the records
shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the
regular retention period,whichever is later.
2. Financial Statement Audit
Within one-hundred eighty (180) days from the close of its fiscal year, Provider's independent certified public
accounting firm (CPA) must submit all of the following documents, electronically, to The Children's Trust,which
together comprise an annual financial statement audit conducted in accordance with GAAP and standards
contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow
Book).The required items are:
a. An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct
business with the Florida Department of Business and Professional Regulation;
b. An annual financial statement audit conducted in accordance with auditing standards generally accepted
in the United States of America and the standards applicable to financial audits contained in Government
Auditing Standards;
c. Written communication 'encompassing the requirements of AU-C section 265, "Communicating Internal
Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance With Government Auditing Standards;"
d. Written communication encompassing the requirements of AU-C section 260, The Auditor's Communication
With Those Charged With Governance;"
e. A Single Audit conducted in accordance with OMB Circular A-133, Audit of States, Local Government and
Non-Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97, if applicable; and
f. A Management Letter; if no Management Letter is prepared by Provider's CPA firm, then the CPA firm must
expressly confirm, in writing, that no Management Letter was issued.
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If Provider's annual financial statement audit is prepared by the Florida Auditor General, then the due date for
submitting the annual financial statement audit, as defined, is two-hundred seventy (270) days after the close of
Provider's fiscal year.
Electronic filing of the annual financial statement audit, as defined, must be sent by Provider's CPA firm to the
following e-mail address: audits @thechildrenstrust.org.
Providers that are required to have a Single Audit agree to have their CPA firm submit the schedule of expenditures
pertaining to awards,summary schedule of prior audit findings,applicable auditor's reports and the corrective action
plan, if applicable.
3. Program-Specific Audit
Within 180 days of the close of its fiscal year, all Providers are required to have their CPA firm submit a program-
specific audit related to The Children's Trust contracts, electronically, in addition to the annual financial statement
audit. The program-specific audit shall be performed by an independent CPA firm that is licensed and registered to
conduct business with the Florida Department of Business and Professional Regulation, has performed audits under
Government Auditing Standards and is either a member of the AICPA or FICPA peer review program to include
government engagement reviews. This program-specific audit must encompass an audit of The Children's Trust
contract(s) as specified in Attachment D: Program-Specific Audit Requirements.
4. Audit Extensions
Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such request with appropriate
justification by Provider and for a period of time not to exceed sixty (60) days after the initial due date. A copy of the
engagement letter, along with the anticipated audit completion date and any concerns from Provider's CPA firm
related to the audit must accompany the request. Approved audit extension requests allow for the continuation of
payment until such time that the extension expires.
In the event that either the annual financial statement audit or the program specific audit is not received in a timely
manner and in accordance with the previously stated due dates; and an audit extension has not been approved,
then The Children's Trust shall withhold all payments to Provider until the documents are received and determined to
be acceptable by The Children's Trust.
5. Engagement Letters
Audit Engagement Letters are due to The Children's Trust thirty (30) days after Provider's fiscal year end. Provider
agrees to submit an engagement letter for both the annual financial statement audit and the program specific audit,
electronically, to audits @thechildrenstrust.ora Failure to submit an engagement letter may result in a breach of
contract, or other remedy, as deemed appropriate by The Children's Trust.
6. List of Approved Certified Public Accounting Firms
To receive reimbursement for the preparation of the program specific audit, as defined, Provider must choose from
a list of approved CPA firms, which are posted on The Children's Trust website. Inclusion in this pre-approved CPA
vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal
Requirements, Budget and Method of Payment.
7. Access to Records
Provider shall permit access to all records including subcontractor records, which relate to this contract at its place
of business during regular business hours. Provider agrees to deliver such assistance as may be necessary to facilitate
a review or audit by The Children's Trust to ensure compliance with applicable accounting, financial and
programmatic standards.This would include access by The Children's Trust, or its designee,to Provider's independent
auditor's work papers for complying with federal, state and local requirements. The Children's Trust reserves the right
to require Provider to submit to an audit by an auditor of The Children's Trust's choosing and at The Children's Trust's
expense.
8. Monitoring
Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or
unscheduled monitorings,reviews and evaluations of the program which is the subject of this contract, including any
subcontracts under this contract, using The Children's Trust approved monitoring tools. The Children's Trust or
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contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and
conditions of the contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits,client
interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably
necessary at The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will
be delivered to Provider and Provider will remedy all deficiencies cited within the period of time specified in the
report.
9. Client Records
Pursuant to Florida Statute 119.071 (5),The Children's Trust collects the last four digits of social security numbers of child
participants of funded programs and services for the following purposes: (a) to research, track and measure the
impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and
services for the future (individual identifying information will not be disclosed); and (b) to identify and match
individuals and data within and among various systems and other agencies for research purposes. The Children's
Trust does not collect social security numbers for adult participants.
Provider shall maintain a separate file for each participant. This file shall include all pertinent information regarding
program enrollment and participation. At a minimum, the file will contain enrollment information (including parent
registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in
Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to
the monitoring/review and inspection requirements under this contract, subject to applicable confidentiality
requirements. All such records will be retained by Provider for not less than five calendar years after the participant
is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and
confidentiality.
10. Internal Documentation/Records Retention
Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the
following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees
which include hiring records, background screening affidavits, job descriptions, verification of education and
evaluation procedures; and (2) authorized time sheets, records and attendance sheets to document the staff time
billed to provide Services pursuant to this contract; and (3) daily activity logs and monthly calendars of the provision
of Services pursuant to this contract; and (4) training modules; and (5) pre and post session questionnaires; and (6)
all participant attendance records; and (7) participant consent and information release forms; and (8) agency
policies and procedures; and (9) such other information related to Service provision as described in Attachment A
and as required by this contract; all upon request by The Children's Trust. Provider shall retain all records for not less
than five years beyond the last date that all applicable terms of this contract have been complied with and final
payment has been received,and appropriate audits have been submitted to and accepted by The Children's Trust
and/or other appropriate agency.
11. Confidentiality
Provider and The Children's Trust understand that during the course of performing the Services hereunder,each party
may have access to certain confidential and proprietary information and materials of the other party in order to
further performance of the Services. The Parties shall protect confidential information and comply with applicable
federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential
information as each party uses to protect its own confidential information in a like manner. The Parties shall not
disclose the confidential information to any third party(except that such information may be disclosed to such Party's
attorneys), or to any employee of such Party who does not have a need to know such information, which need is
related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties
with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the
other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received
by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for
that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior
written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law.
The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract.
Provider shall specifically require all sub-contractors to comply with this paragraph.
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12. Data Security Obligation
Data Security Definitions are defined and specified in Attachment G: Data Security Definitions attached to this
Contract.
A. Standard of care
a. Provider acknowledges and agrees that, in the course of its Contract with The Children's Trust, Provider may,
directly or indirectly, receive or have access to Highly-Sensitive Personal information or Personal Information.
Provider shall comply with the terms and conditions set forth in this Contract in its collection, receipt,
transmission, storage, disposal, use and disclosure of such Highly-Sensitive Personal Information or Personal
Information and shall be responsible for the unauthorized collection, receipt, transmission, access, storage,
disposal, use and disclosure of Personal Information under its control or in its possession. Furthermore, Provider
shall be responsible for the actions and omissions of all Authorized Persons that are not Authorized Employees
concerning the treatment of such Highly-Sensitive Personal Information or Personal Information as if they were
Provider's own actions and omissions.
b. Personal Information is deemed to be property of The Children's Trust and is not property of Provider. The
Children's Trust will not collect Highly-Sensitive Personal Information. The Provider should not collect Client
Highly-Sensitive Personal Information.
c. In recognition of the foregoing, Provider agrees and covenants that it shall:
1. keep and maintain all such Highly-Sensitive Personal Information or Personal Information strictly
confidential;
2. use and disclose Personal Information solely and exclusively for the purposes for which the Personal
Information, or access to it,is provided pursuant to the terms and conditions of this Contract,and shall not
divulge, communicate, use, misuse, sell, rent, transfer, distribute, or otherwise disclose or make available
Personal Information for Provider's own purposes or for the benefit of anyone other than The Children's
Trust, in each case, without The Children's Trust's prior written consent, which may be withheld in its sole
and absolute discretion; and
3. not, directly or indirectly, disclose Personal Information to any person other than Authorized Persons (an
"Unauthorized Third Party"), without express written consent from The Children's Trust, which may be
withheld in its sole and absolute discretion. If any person or authority makes a demand on Provider
purporting to legally compel it to divulge any Personal Information, Provider shall (i) immediately notify The
Children's Trust of the demand before such disclosure so that The Children's Trust may first assess whether
to challenge the demand prior to Provider's divulging of such Personal Information; (ii) be responsible to
The Children's Trust for the actions and omissions of such Unauthorized Third Party concerning the treatment
of such Personal Information as if they were Provider's own actions and omissions; and (iii) require the
Unauthorized Third Party that has access to Personal Information to execute a written Contract agreeing
to comply with the terms and conditions of this Contract relating to the treatment of Personal Information.
Provider shall not divulge such Personal Information until the Children's Trust either has concluded not to
challenge the demand, or has exhausted its challenge, including appeals, if any.
B. Personal information security
a. Provider shall protect and secure data in electronic form containing such Hiahly-Sensitive Personal Information
or Personal Information.
At a minimum, Provider's safeguards for the protection of Personal Information shall include:
1. encrypting, securing, or modifying such Personal Information by any method or technology that removes
elements that personally identify an individual or that otherwise renders the information unusable.
2.limiting access of Personal Information to Authorized Employees and Authorized Persons;
3. securing business facilities, data centers, paper files, servers, back-up systems and computing equipment,
including, but not limited to, all mobile devices and other equipment with information storage capability;
4. implementing network,device application, database and platform security;
5. securing information transmission, storage and disposal;
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6. implementing authentication and access controls within media, applications, operating systems and
equipment;
7. encrypting Highly-Sensitive Personal Information stored on any mobile media;
8. encrypting Highly-Sensitive Personal Information transmitted over public or wireless networks;
9. implementing appropriate personnel security and integrity procedures and practices, including, but not
limited to, conducting backgrounds checks consistent with applicable law, as required by The Children's from
time to time;
10.providing appropriate privacy and information security training to Provider's employees, as required by The
Children's Trust from time to time; and
1 1.purchasing and maintaining cyber insurance coverage,if The Children's Trust deems necessary in its sole and
absolute discretion.
b. Provider shall dispose, or arrange for the disposal, of customer records containing Personal Information within
its custody or control when the records are no longer to be retained. Such disposal shall involve shredding,
erasing; or otherwise modifying Personal Information in its control or possession to make it unreadable or
undecipherable through any means.
c. During the term of each Authorized Employee's employment by Provider, Provider shall at all times cause such
Authorized Employees to abide strictly by Provider's obligations under this Contract. Provider further agrees
that it shall maintain a disciplinary process to address any unauthorized access, use or disclosure of Personal
Information by any of Provider's officers,directors, partners,principals,employees,agents or contractors.Upon
The Children's Trust's request, Provider shall promptly identify for The Children's Trust in writing all Authorized
Employees as of the date of such request.
d. Upon The Children's Trust's written request, Provider shall provide The Children's Trust with a network diagram
that outlines Provider's information technology network infrastructure and all equipment used in relation to
fulfilling its obligations under this Contract, including, without limitation: (i) connectivity to The Children's Trust
and all third parties who may access Provider's network to the extent the network contains Personal
Information; (ii) all network connections including remote access s and wireless connectivity; (iii) all access
control devices (such as (solely by way of example), firewall, packet filters, intrusion detection and access-list
routers); (iv) all back-up or redundant servers; and (v) permitted access through each network connection.
C. Security breach procedures
a. Provider shall:
1. provide The Children's Trust with the name and contact information for an employee of Provider who shall
serve as The Children's Trust primary security contact and shall be available to assist The Children's Trust
twenty-four (24) hours per day, seven (7) days per week as a contact in resolving issues associated with a
Security Breach;
2. notify The Children's Trust of a Security Breach immediately, but no later than forty-eight (48) hours after
Provider becomes aware of it; and
3. notify The Children's Trust of any Security Breaches by telephone at the following number: (305)571-5700/e-
mailing The Children's Trust with a read receipt at datasecurity @thechildrenstrust.org and with a copy by e-
mail to Provider's contract manager at The Children's Trust. The notice shall include, at a minimum: (1) the
date,estimated date,or estimated date range of the Breach of security;and (2) a description of the Personal
Information that was accessed or reasonably believed to have been accessed as a part of the Breach of
security.
b. Immediately following Provider's notification to The Children's Trust of a Security Breach, the parties shall
coordinate with each other to investigate the Security Breach. Provider shall fully cooperate with The
Children's Trust in The Children's Trust's handling of the matter,including,without limitation: (i) assisting with any
investigation; (ii) providing The Children's Trust with physical access to the facilities and operations affected;
(iii) facilitating interviews with Provider's employees and others involved in the matter; and (iv) making
available all relevant records,logs,files,data reporting and other materials required to comply with applicable
law, regulation, industry standards or as otherwise required by The Children's Trust, in its sole and absolute
discretion.
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c. Provider shall take steps to immediately remedy any Security Breach and prevent any further Security Breach
at Provider's expense in accordance with applicable privacy rights, laws, regulations and standards, or as
otherwise required by The Children's Trust in its sole and absolute discretion. Provider shall reimburse The
Children's Trust for reasonable costs incurred in providing individuals affected by a Security Breach with notice
of the breach and complimentary access for credit monitoring services, which The Children's Trust in its sole
and absolute discretion deems necessary to protect such affected individuals in light of the risks posed by the
Security Breach.
d. Provider agrees that it shall not inform any third party of any Security Breach without first obtaining The
Children's Trust's prior written consent,other than to inform a complainant that the matter has been forwarded
to The Children's Trust's legal counsel. Further, Provider agrees that The Children's Trust shall have the sole right
to determine: (i) whether notice of the Security Breach is to be provided to any individuals, regulators, law
enforcement agencies, consumer reporting agencies or others as required by law or regulation, or otherwise
in The Children's Trust's discretion; and (ii) the contents of such notice,whether any type of remediation may
be offered to affected persons, and the nature and extent of any such remediation.
13. Withholding of Payment
At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of contractual terms. The
Children's Trust will provide payment upon satisfactory compliance with the contractual terms as solely determined
by The Children's Trust.
P. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited
to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved
and signed by both Parties.
Q. GOVERNING LAW & VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida
without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this
Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to
the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida.
R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS
All employees,volunteers and subcontracted personnel who work in direct contact with children or who may come
into direct contact with children at the site in question must complete a Level 2 background screening that complies
with its requirements prior to commencing work pursuant to this Contract. This requirement applies to all volunteers
who provide services to children, youth and their families regardless of the number of hours they provide services.
Occasional or transient repair or maintenance persons who appear on the site should be escorted to their work areas
and then supervised during the time they are present to conduct their work.
All providers are required to review annually, at minimum, The Dru Sjodin National Sex Offender Public Website.
Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE)
VECHS (Volunteer&Employee Criminal History System) Program. Satisfactory background screening documentation
will be accepted from those agencies that already conduct business with either the Department of Children and
Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS).
A clearance letter from the MDCPS Office of Employment Standards indicating the person has successfully
completed a Level 2 screening will be accepted.
In addition:
• The Provider shall complete Attachment E-1:Affidavit for Level 2 Background Screenings,the Affidavit shall cover
employees, volunteers, and subcontractors performing services under this contract who are required to
complete a Level 2 background screening as defined in this section.
• The Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3:
Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File
Requirements.
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• Provider shall maintain AttachmentE-1:Affidavit for Level 2 Background Screenings, Attachment E-2: Child Care
Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and
Attachment E-4: Background Screening & Personnel File Requirements in Provider's personnel, volunteers, and
sub-contractors' files.
• Provider shall re-screen each employee, volunteer and subcontractor every five years.
S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans
with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic
accommodations to include children with disabilities and their families,whenever possible. Notwithstanding anything
to the contrary, Provider shall not be required to make any alteration to any public school building or other building
or structure which is not owned by Provider.
T. REGULATORY COMPLIANCE
1. Non-discrimination and Civil Rights
Provider shall not discriminate against an employee,volunteer, or client of Provider on the basis of race,color,
gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin,
disability, or age, except that programs may target services for specific target groups as may be defined in
the competitive solicitation.
Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a
manner that respects the worth of the individual and protects and preserves the dignity of people of diverse
cultures, classes, races, religions, sexual orientation, and ethnic backgrounds.
Provider agrees to abide by Chapter 11 A of the Code of Miami-Dade County ("County Code"),as amended,
which prohibits discrimination in employment,housing and public accommodations;Title VII of the Civil Rights
Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the
Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C.
§12101 et seq., which prohibits discrimination in employment and public accommodations because of
disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The
Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner,
subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency
or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The
Children's Trust will conduct no further business with Provider.
2. Public Entities Crime Act
Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially
provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed
on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a
contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The
Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases
of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub
Provider, or consultant under a contract with The Children's Trust, and may not transact any business with
TheChildren's Trust in excess of the threshold amount provided in Section 287.017,Florida Statutes,for category
two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor
list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto,
and may result in debarment from The Children's Trust's competitive procurement activities.
3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of
Interest and Code of Ethics Ordinance,and Florida Statutes§112 as amended,which are incorporated herein
by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of
interest provisions throughout the course of this Contract and in connection with its obligations hereunder.
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(Refer to http://www.miamidadeethics.com/Publications/code_of_ethics2010.pdf for the Code of Ethics
Ordinance).
4. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including:
Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation.
Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases
of fraud or abuse.
5. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term
of this Contract any and all licenses,certifications,approvals,insurances,permits and accreditations,required
by the State of Florida, Miami-Dade County, relevant municipalities, The Children's Trust or the federal
government. Provider must be qualified and registered to do business in the State of Florida both prior to and
during the contract term with The Children's Trust.
6. Incident Reporting
An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial
or serious harm to the physical or mental health, safety or well-being of a child participating in the program.
Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child,
injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction
of property used in the program.
Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of
a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone
number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both
Provider and its employees.
Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is
informed of such incident. Provider shall provide written notification of the incident together with a copy of
the incident report. The report must contain the following:
(1) Name of reporter (person giving the notice)
(2) Name and address of victim and guardian
(3) Phone number where the reporter can be contacted
(4) Date, time, and location of incident
(5) Complete description of incident and injuries, if any
Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the
incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any legal
action related to the incident.
7. Sexual Harassment
Provider shall complete an incident report in the event a program participant, client or employee makes an
allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or
anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall
provide written notification to The Children's Trust within three (3) business days after Provider is informed of
such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business
days, if any legal action which is filed as a result of such an alleged incident.
8. Proof of Policies
Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to
confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or
affirmative action, Americans with Disabilities Act, and drug-free workplace.
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U. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult
participants in the program for services; and to share information with The Children's Trust for monitoring and
evaluation purposes.
Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English,Spanish,
and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will
be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the
participants' registration form, and signed by parent/guardian before services commence or assessments are
administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on
the consent form.
V. PROGRAMMATIC DATA REPORTING
Demographic and service information on program participants will be provided to The Children's Trust as part of The
Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting,
including participant data as required by The Children's Trust and described in Attachment C to this contract,
Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider
agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be
reasonably specified by The Children's Trust, and as described in Attachment C.
Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2-1-
1,The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting
Requirements.
W. PUBLICITY
Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a
funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control
recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is
permissible.
Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the
activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it
possesses the appropriate technology, provide a link between the website and The Children's Trust's website.
X. PUBLICATIONS
Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in
connection with implementation of programs addressed by this Contract. Such publications will state that the
program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted
materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G
and H above.
To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's
Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including
but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for
dissemination to the media or general public:
English:
City of Miami Beach - After School & Summer Program is funded by The Children's Trust. The Children's Trust is a
dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-
Dade County.
Espanol:
City of Miami Beach-After School&Summer Program esta financiado por El Fidecomiso de los Ninos (The Children's
Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas
de ninos y familias en el Condado de Miami-Dade.
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Kreyol:
City of Miami Beach-After School & Summer Program Se Children's Trust ki finanse (pwogram sa-a). Children's Trust
se yon sous finansman elekte Miyami-Dade to kreye nan yon referandom. Finansman sa a dedye you pwogram
k'ap amelyore lavi ti moun ak fanmi yo.
Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the
above language can be altered to read "The (organization) is funded in part by The Children's Trust..."
Y. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of
the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter as the context requires.
- THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK -
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Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the
parties:
Attachment A: Scope of Services
Attachment B: Other Fiscal Requirements, Budget, and Method of Payment
Attachment C: Programmatic Data and Reporting Requirements
Attachment D: Program Specific Audit Requirements
Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable
Attachment E-2: Child Care Affidavit of Good Moral Character, if applicable
Attachment E-3: Child Abuse & Neglect Reporting Requirements, if applicable •
Attachment E-4: Background Screening & Personnel File Requirements, if applicable
Attachment F: Performance Improvement Plan, if applicable
Attachment G: Data Security Definitions
No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind
the Parties. If any provision of this Contract is held invalid or void,the remainder of this Contract shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable law.
CITY OF IAMI BE H THE CHILDREN'S TRUST
MIAMI-•i DE COU Y, FLORIDA MIAMI-DADE COUN FLORIDA
By: I — By:
(Sig •cure o Authorized Representative) (Sj•: ure)
G. a/ / es James R. Hai .pr
(Ty.e/Print Name) 1\ i▪ i'Th, `'•
_6
C.l-C�-I ✓s' f a ', President and CEO \ V
(Type/Print Title,
1,1
INCORP ORATED. L
• .. ..• Al '/Date: "? Z G •Nth. • ..-.. • .J% '?
APPROVED AS TO
VISIL FORM & LANGUAGE
Provider Federal ID# 59-6000372 & FOR EXECUTION
Provider Vendor ID# CITYO109
/ 14/./L,Oh— 4/23//.
Ci Attorne ,, Date
Approved as to form and legal sufficiency \VI
IrkSO# Date: (Q(/)5[1
County Atto -y
This contract is not valid until signed by both parties.
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Contract#1714-1090,Resolution 2016-48
Attachment A:
Scope of Services • -• • •
•
:
CK):1
' 1
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Contract#1714-1090,Resolution 2016-48
Attachment A — Scope of Services
AFTER-SCHOOL PROGRAMS AND SUMMER CAMPS
'1. PROGRAM DESCRIPTION '
IThe City of Miami Beach's Out of School Program provides After School services to 255 children ages 5-12 who=
I reside primarily in Miami Beach. The City of Miami Beach's Summer Camp program serves 330 children ages 5-
12 who reside primarily in Miami Beach. The program offers activities for children that include physical fitness,'
literacy, social skills and nutrition education, as well as home learning. Reasonable accommodations are made tol
serve children with disabilities. The program works with the All Children Together Resource Network (ACT) and
;Project Rise to develop and implement appropriate accommodations for children with disabilities and behavior
'management issues.
Program Timeframe: Year-Round
12. PARTICIPANTS
School-Year Slots
Slots (number) 255
Children With Disabilities Slots (percent of actual slots) 10%
Summer Slots
Slots (number) 330
Children With Disabilities Slots (percent of actual slots) 10%
13. ACTIVITIES
School-Year Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
LITERACY 1 Recreation Program
Supervisor (FL Certified
A differentiated instruction approach is implemented to facilitate Teacher), Recreation
the delivery of literacy services using evidence-based curricula Leader 1
(or strategies) to improve oral reading fluency for participants
through 3rd grade and comprehension for grades 4 and up.
Student assessments are used to identify literacy readiness
followed by instruction that is matched to the academic needs
and learning styles of each participant. Based on pre-tests,
students are grouped into three levels: mastery; instructional;
or frustrational. Participants at the mastery and instructional
levels take part in individualized reading enrichment activities
whereas participants at the frustrational level receive
individualized instructional supports.
Literacy is provided using Ready Florida English Language
Arts. Participants have access to complex text that meets LAFS
and teaches cross curricular content to deepen students'
knowledge in core subject areas. Sample Lessons focus on
Reading Aloud, Key Ideas, and Craft and Structure in Text. The
evidence based curriculum Ready Florida LAFS uses a proven-
effective, gradual-release model that ensures students get the
modeled and guided instruction they need to build confidence
and mastery on the new Language Arts Florida Standards.
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Contract#1714-1090,Resolution 2016-48
School-Year Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
Accommodations for Children with Disabilities: one-to-one
setting, read instructions aloud, small group setting, allow more
time for completing a task, and guided reading.
Frequency: 3 days per week
Intensity: 1 hour two days per week and 30 minutes one day a
week
Duration: All school year
EBP (or strategies): Ready Florida Language Arts
PHYSICAL ACTIVITY & FITNESS Recreation Leader II
Recreation Leader I
Activities implemented are structured and promote fitness, fun,
teamwork, cooperative play, and keep participants vigorously
moving. Activities focus on the development of motor skills and
movement knowledge. A variety of activities are offered to
encourage the involvement of participants at all skill levels and
abilities.
Daily Physical Fitness Education: The SPARK After School
Program targets out-of-school physical activity programs,
making it a program that can easily be implement in a limited
amount of time. Activities are based on games children are
familiar with, like jump rope or kickball, but are more inclusive
and active.
Accommodations for Children with Disabilities: Physical
arrangement of the room and/or equipment, adaptation
of instructional and/or play materials to facilitate participation,
and/or different instructional arrangements (large groups, small
groups, cooperative learning groups, peer partners, and one-to-
one instruction).
Frequency: Daily
Intensity: 30 Minutes
Duration: All school year
EBP (or strategies): The SPARK After School Program
HOMEWORK ASSISTANCE 1 Recreation Program
Supervisor (FL Certified
Assistance is provided in an environment conducive to Teacher); Recreation
completing academic tasks with materials readily available. Leader I
Staff provides continuous motivation, strategies, and feedback
that encourage skill-building and homework completion. In
addition, staff facilitates communication to link the participant's
parents, school teachers, and after-school program.
Homework Assistance: Children have thirty minutes (or more if
needed) to work on homework, and receive assistance on any
subjects or problems from Teachers and coaches. Reasonable
accommodations are made for children with disabilities.
Frequency: 4 days per week, Monday through Thursday
Intensity: 30 Minutes daily with flexibility to allot more time as
needed or desired by program participant.
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Contract#1714-1090,Resolution 2016-48
School-Year Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
Duration: All school year
EBP (or strategies): N/A
LIFE SKILLS Recreation Leader 1
Life Skills focus on teaching kids self-management, confidence,
healthy relationships, problem solving, critical thinking, goal-
setting, anger-management, leadership, diversity awareness,
empathy, communication skills and decision-making. The
program uses the evidence based curriculum PeaceWorks, as
well as integrating Life-Skills lessons into Nutrition and STEM
activities. Reasonable accommodations are made for children
with disabilities.
Frequency: One day per week
Intensity: 30 Minutes
Duration: All school year
EBP (or strategies): PeaceWorks
FAMILY ENGAGEMENT Recreation Program
Supervisor
The Meet and Greet event brings in parents before the start of
the program to meet their children's coaches and familiarize
them to the building and the program's activities. Coaches and
supervisors are in attendance to answer any questions parents
might have about the program. Parents will then participate in
a variety of activities and games led by our staff.
Midway through the school year parents are invited back to the
program. During this event parents will have the opportunity to
make suggestions and see the progress their children have
made in the program throughout the year. Coaches and
supervisors will be in attendance to answer questions, and will
then lead parents and participants alike in a variety of activities
and games.
Frequency: Twice during After School
Intensity: 2 hours
Duration: Saturday before Start of Program
EBP (or strategies): N/A
FIELD TRIPS Recreation Program
Supervisor, Recreation
Field trips increase engagement in the program and give Leader II, Recreation
participants the opportunity to experience new educational, Leader I
cultural, and environmental experiences. The selected field trip
sites and experiences are aligned to the curricula, activities, and
outcomes of the program and may include museums, galleries,
and parks.
Educational field trips that encompass STEM, Nutrition
Education, Literacy Education and Physical Fitness are planned
throughout the year. Some of these trips include, but are not
limited to Museum of Discovery and Science, Robek's, Jungle
Island, Young at Art, Alligator Farm, The Little Farm and The
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Contract#1714-1090,Resolution 2016-48
School-Year Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
Biscayne Nature Center's Seagrass Adventure. Reasonable
accommodations for children with disabilities are made.
Frequency: 5 Events per school year
Intensity: 3-4 hours
Duration: All school year
EBP (or strategies): N/A
NUTRITION EDUCATION Recreation Leader I
The Cooking Club meets weekly and educates children on
kitchen safety, nutrition education and meal prep. Reasonable
accommodations are made for children with disabilities.
Participants are actively encouraged to share recipes and
lessons with their families. During the lessons, youth are
engaged in the lesson through hands on activities. Related trips
are to Robek's for Nutrition Education. FLIPANY will also come
once during the year as a special event in order to promote
nutrition education and further children's knowledge.
Frequency: Once per week
Intensity: 30 Minutes
Duration: All school year
EBP (if applicable): N/A
Summer Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
LITERACY 1 Recreation Program
Supervisor (FL Certified
A differentiated instruction approach is implemented to facilitate Teacher), Recreation
the delivery of literacy services using evidence-based curricula Leader I
(or strategies) to improve oral reading fluency for participants
through 3rd grade and comprehension for grades 4 and up.
Student assessments are used to identify literacy readiness
followed by instruction that is matched to the academic needs
and learning styles of each participant. Based on pre-tests,
students are grouped into three levels: mastery; instructional;
or frustrational. Participants at the mastery and instructional
levels take part in individualized reading enrichment activities
whereas participants at the frustrational level receive
individualized instructional supports.
Literacy is provided using Ready Florida English Language
Arts. Participants have access to complex text that meets LAFS
and teaches cross curricular content to deepen students'
knowledge in core subject areas. Sample Lessons focus on
Reading Aloud, Key Ideas, and Craft and Structure in Text. The
evidence based curriculum Ready Florida LAFS uses a proven-
effective, gradual-release model that ensures students get the
modeled and guided instruction they need to build confidence
and mastery on the new Language Arts Florida Standards.
City of Miami Beach Page 24 of 95
Contract#1714-1090,Resolution 2016-48
Summer Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
Accommodations for Children with Disabilities: one-to-one
setting, read instructions aloud, small group setting, allow
more time for completing a task, and guided reading.
Frequency: Daily. 5 days per week
Intensity: One Hour
Duration: All summer
EBP (or strategies): Ready Florida English Language Arts
PHYSICAL ACTIVITY & FITNESS Recreation Leader II
Recreation Leader I
Activities implemented are structured and promote fitness, fun,
teamwork, cooperative play, and keep participants vigorously
moving. A variety of activities are offered to encourage the
involvement of participants at all skill levels and abilities.
Daily Physical Fitness Education: The SPARK Program targets
out-of-school physical activity programs, making it a program
that can be easily implemented in a limited amount of time.
Activities are based on games children are familiar with, like
jump rope or parachute play, but are more inclusive and active.
Accommodations for Children with Disabilities: Physical
arrangement of the room and/or equipment, adaptation
of instructional and/or play materials to facilitate participation,
and/or different instructional arrangements (large groups, small
groups, cooperative learning groups, peer partners, and one-to-
one instruction).
Frequency: 5 Days per week
Intensity: One Hour
Duration: All summer
EBP (or strategies): SPARK
LIFE SKILLS Recreation Leader I
Life Skills focuses on teaching participants self-management,
confidence, healthy relationships, problem solving, critical
thinking, goal-setting, anger-management, leadership, diversity
awareness, empathy, communication skills and decision-
making. The program uses the evidence based curriculum
PeaceWorks, as well as integrating Life-Skills lessons into
Nutrition and STEM activities. Reasonable accommodations are
made for children with disabilities.
Frequency: Once a week
Intensity: One Hour
Duration: All summer
EBP (or strategies): PeaceWorks
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Contract#1714-1090,Resolution 2016-48
Summer Activity Name & Description Site/Group Variance Responsible
Staff/Facilitators
FAMILY ENGAGEMENT Recreation Program
Supervisor
The Meet and Greet event brings in parents before the start of
the program to meet their children's coaches and familiarize Office Associate III
them to the building and the activities. Coaches and supervisors
are in attendance to answer any questions parents might have
about the program. Parents then participate in a variety of
activities and games led by the program staff.
Frequency: Once during Summer
Intensity: 2 hours
Duration: Saturday before Summer Camp Start
EBP (or strategies): N/A
The Playground Revue event involves participants in several
roles, including taking part in performances, as well as in
supporting activities. Parents are in attendance to watch their
children perform in a variety of dances and skits revolving
around a theme of cultural relevance.
Frequency: Twice during Summer
Intensity: 2.5 to 3 hours
Duration: All summer
EBP (or strategies): N/A
FIELD TRIPS Recreation Program
Supervisors
Field trips increase engagement in the program and give Recreation Leader II
participants the opportunity to experience new educational, Recreation Leader I
cultural, and environmental experiences. The selected field trip
sites and experiences are aligned to the curricula, activities, and
outcomes of the program and may include museums, galleries,
and parks.
Frequency: Twice during Summer
Intensity:7 to 8 hours
Duration: All summer
EBP (or strategies): N/A
SUPERVISED FREE CHOICE Recreation Leader 1
Under the supervision of the Recreation Leaders, participants
engage in different activities throughout the program week.
Children engage in these activities in small groups, large groups
and individually. Activities include Circle Games, Arts and Crafts
Activities, Trivia and Reasoning Games and a variety of active
games themed around music and nature.
Frequency: Five days per week
Intensity: 60 Minutes
Duration: All summer
EBP (if applicable): N/A
City of Miami Beach Page 26 of 95
Contract#1714-1090,Resolution 2016-48
-4. PARTICIPANT OUTCOMES i
Required School-Year Data Source/ Timing Meaningful Improvement Associated
Outcomes Measurement Tool Activity
80% of participants through 1 minute Oral Pre, Mid, For the ORF, meaningful Literacy
3rd grade will make Reading Fluency and Post improvement is defined as
meaningful improvement on (ORF) tests one of the following based on
oral reading fluency based pre-test level of oral reading
on their level at pre-test. fluency:
• Participants at the
"frustrational" level improve
to "instructional" or
"mastery" level.
• Participants at the
"instructional" level improve
to "mastery" level.
• Participants at the "mastery"
level remain at the"mastery"
level.
% of participants in grades 4 iSTEEP Maze Pre, Mid, Defined as one of the Literacy
and above who make Assessment and Post following based on pre-test
meaningful improvement in tests level of reading
Reading Comprehension comprehension:
based on their level at pre- ' Part icipants at the
test (expected outcome "frustrational" level improve
target percentage will be to "instructional" or
determined based on The "mastery" level.
Trust's analysis of first year ' Participants at the
data reported on this "instructional" level improve
measure and will be made to "mastery" level.
available by October 3, • Participants at the "mastery"
2016) level remain at the "mastery"
level.
65% of children will make PACER Multi-Stage Pre, Mid, Based on an increase in four Physical
meaningful improvement on Shuttle Run and Post laps completed from the pre- Fitness
physical fitness performance tests test to the post-test.
based on their level at pre-
test
% of participants who make Measurement tool Pre, Mid, Meaningful improvement will Life Skills
meaningful improvement in will be determined and Post be determined based on The
social-emotional learning based on The Trust's tests Trust's first year social skills
based on their level at pre- first year social skills measures pilot and will be
test (expected outcome measures pilot and made available by October 3,
target percentage will be will be made 2016.
determined based on The available by October
Trust's analysis of first year 3, 2016.
data reported on this
measure and will be made
available by October 3,
2016)
City of Miami Beach Page 27 of 95
Contract#1714-1090,Resolution 2016-48
•
Required Summer Data Source/ Timing Meaningful Improvement Associated
Outcomes Measurement Tool Activity
80% of participants through 1 minute Oral Pre and Defined as one of the Literacy
3rd grade will make Reading Fluency Post tests following based on pre-test
meaningful improvement on (ORF) level of oral reading fluency:
oral reading fluency based • Participants at the
on their level at pre-test "frustrational" level improve
to "instructional" or
"mastery" level.
• Participants at the
"instructional" level improve
to "mastery" level.
• Participants at the
"mastery" level remain at
the "mastery" level.
• of participants in grades 4 iSTEEP Maze Pre and Defined as one of the Literacy
and above who make Assessment Post tests following based on pre-test
meaningful improvement in level of reading
Reading Comprehension comprehension:
based on their level at pre- • Participants at the
test (expected outcome "frustrational" level improve
target percentage will be to "instructional" or
determined based on The "mastery" level.
Trust's analysis of first year • Participants at the
data reported on this "instructional" level improve
measure and will be made to "mastery" level.
available by October 3, • Participants at the
2016) "mastery" level remain at
the "mastery" level.
65% of children will make PACER Multi-Stage Pre and Based on an increase in four Physical
meaningful improvement on Shuttle Run Post tests laps completed from the pre- Fitness
physical fitness performance test to the post-test.
based on their level at pre-
test
• of participants who make Measurement tool Pre and Meaningful improvement will Life Skills
meaningful improvement in will be determined Post tests be determined based on The
social-emotional learning based on The Trust's Trust's first year social skills
based on their level at pre- first year social skills measures pilot and will be
test (expected outcome measures pilot and made available by October 3,
target percentage will be will be made 2016.
determined based on The available by October
Trust's analysis of first year 3, 2016.
data reported on this
measure and will be made
available by October 3,
2016)
5. RATIOS and SERVICE LOCATIONS — See Appendix 1 — Program/Services Operating Site Table for
full list of operation locations and specific staff/child ratios per site.
- THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK -
City of Miami Beach Page 28 of 95
Contract#1714-1090,Resolution 2016-48
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Appendix 1
Program Service Operating Site Table
City of Miami Beach Page 44 of 95
Contract#1714-1090,Resolution 2016-48
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Attachment: B
Other Fiscal Requirements, Budget and Method of Payment
City of Miami Beach Page 47 of 95
Contract#1714-1090,Resolution 2016-48
ATTACHMENT B
OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
Advance payment requests
The Children's Trust offers advance payments up to 15%of the total contract value. Advance requests shall be limited
to governmental entities and not-for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The
advance request must include the amount requested and a justification for the request. Advance requests must be
submitted using the designated form and must be approved in writing by The Children's Trust Contract Manager and
Chief Financial Officer or their designee.
Advance repayment
Advance repayment is due within 60 calendar days of receipt of the advance. Provider shall report the amount of
the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS reimbursement screen. If
a provider does not use SAMIS, then they are required to deduct their advance repayment from each invoice,
consecutively, until the advance is repaid in full.
Budget amendments/revisions
Budget amendments/revisions require written approval from the Contract Manager and The Children's Trust's Chief
Financial Officer or their designee. Request for budget amendments/revisions must be submitted to a Contract
Manager using SAMIS, or the appropriate form, as designated by The Children's Trust. All budget
amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be
used to increase the total contract amount or to modify the Scope of Services. No more than two budget
amendments/revisions may be approved during the contract term. Budget amendments/revisions will be disallowed
if they seek to revise retroactive costs not previously budgeted. All amendments/revisions must adjust for operational
activity effective as of the previously billed period. Budget amendment/revision requests must be submitted sixty (60)
days prior to the expiration of contract. Budget amendments/revisions will be incorporated into the contract.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total
contract amount.
List of Approved Certified Public Accountants or Certified Public Accountinq Firms
To receive reimbursement for the preparation of the program specific audit, as defined, provider must choose from
a list of approved independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust
website. Inclusion in this pre-approved vendor pool requires that a CPA firm meet the following three criteria:
(a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of
Certified Public Accountants (FICPA) peer review program as evidenced by submitting a triennial System Review
Report with a passing score to The Children's Trust;
(b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental
accounting and/or nonprofit accounting with the application of Government Auditing Standards; and
(c) completion of an annual CPA training session sponsored by The Children's Trust finance department.
Direct Deposit of Payment
As a requirement of this Contract with The Children's Trust, Provider agrees that prior to, or on the date commencing
the effective term of this Contract, Provider will enroll in The Children's Trust direct deposit program.The direct deposit
program requires that all reimbursements received from The Children's Trust are directly deposited into the Provider's
designated bank account held in a United States financial institution.The format, including the terms and conditions
for the direct deposit of payment, can be found at http://www.thechildrenstrust.org/providers/forms/direct-deposit-
enrollment.
City of Miami Beach Page 48 of 95
Contract#1714-1090,Resolution 2016-48
Cost Reimbursement Method of Payment
The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in
accordance with the approved budget and/or approved budget amendments/revisions as set forth in this
attachment. Provider also agrees to pay its subcontractors, vendors and employees for the fulfillment of services
provided in this contract, on a timely basis.
Invoice Requirements
Provider shall submit an electronic request for payment in the SAMIS system in accordance with the approved budget
or budget amendments/revisions.The request for payment is due on or before the fifteenth (15th) day of the month
following the month in which expenditures were paid (exclusive of legal holidays or weekends). The Children's Trust
will consider all invoices received after the fifteenth (15th) of each month as late,even if the cause of a late submission
is due to the delayed approval of a budget or amendment in the SAMIS system. The Children's Trust agrees to
reimburse Provider on a monthly basis. Any expense,included on a SAMIS reimbursement that is check dated greater
than two months prior to the invoice period will not be approved. The Children's Trust reserves the right to request
any supporting documentation related to this contract.
If there are subcontractors to this contract, then the Form D: Attestation of Payment must be either uploaded to the
SAMIS Document Repository no later than 30 days after payment to subcontractor. Upon the close of this contract,
Provider is required to complete Form E: Close-out Attestation of Payment, which must be uploaded to the SAMIS
Document Repository no later than thirty (30) days after payment to subcontractor. These forms may be downloaded
from The Children's Trust's website. For the purpose of payment only, a subcontractor is defined as an independent
agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded
programs identified in this contract.
A final request for payment (last monthly invoice of the contract term) from Provider will be accepted by The
Children's Trust up to forty-five (45) days after the expiration of this contract. If Provider fails to comply, then all rights
to payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds,which are not in accordance with this contract,
and to which it is not entitled, then Provider shall return such funds to The Children's Trust or submit appropriate
documentation to support the payment within thirty (30) days of notification by The Children's Trust. After thirty (30)
days, The Children's Trust may recapture amounts due to The Children's Trust, from this or any contract by reducing
amounts requested to be reimbursed less the amount owed to The Children's Trust. The Children's Trust shall have the
sole discretion in determining if Provider is entitled to such funds in accordance with this contract,and The Children's
Trust's decision on this matter shall be binding.
In the event that Provider, its independent CPA firm or The Children's Trust discovers that an overpayment has been
made, Provider shall repay the overpayment within thirty (30) calendar days without prior notification from The
Children's Trust.
If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the contract,
then The Children's Trust may amend the contract to reduce the amount of dollars. Any delay in amendment by The
Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for under-
serving participants in accordance with the contract.
A SAMIS request for payment will be deemed proper as defined by the Florida Prompt Payment Act, if the request
complies with the requirements set forth in this contract and is submitted on the forms prescribed by The Children's
Trust. Requests for payment and/or documentation returned to Provider for corrections may be cause for delay in
the receipt of payment. Late submission may result in delay in the receipt of payment. The Children's Trust shall pay
Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment (i.e., SAMIS
invoice) and/or other required documentation.
The Children's Trust may retain any payments due until all required reports, deliverables or monies owed to The
Children's Trust are submitted and accepted by The Children's Trust.
City of Miami Beach Page 49 of 95
Contract#1714-1090,Resolution 2016-48
Supporting Documentation Requirements
Provider shall maintain original records documenting actual expenditures and services provided according to the
approved budget and scope of services. Supporting documentation shall be made available and provided to The
Children's Trust upon request.
Provider shall keep accurate and complete records of any fees collected, reimbursement or compensation of any
kind received from any client or other third party, for any service covered by this contract, and shall make all such
records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that is
used to allocate its costs to ensure that The Children's Trust is paying only its fair share of costs for services, overhead
and staffing devoted to the program funded by this contract. Such methodology shall be made available to The
Children's Trust upon request.
-THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK -
City of Miami Beach Page 50 of 95
Contract#1714-1090,Resolution 2016-48
Budget Summary Report
City of Miami Beach-YAS 1714-1090 City of Miami Beach
Fiscal Year 16-17(8/01/16-7/31/17)
Contract#: 1714-1090
CSC Program Allocation: $333,258
Budget Status: Submitted
Salary Accounts
Original Original Amended
Program CSC CSC
Account# Title Budget Budget Budget
511 Regular Salaries and Wages 705,753.00 299,009.00 299,009.00
521 FICA/MICA 10,234.00 4,336.00 4,336.00
522 Retirement Contributions 56,460.00 0.00 0.00
523 Life and Health Insurance 30,058.00 0.00 0.00
524 Workers Compensation 21,173.00 0.00 0.00
525 Unemployment Compensation 0.00 0.00 0.00
Salary Totals: 823,678.00 303,345.00 303,345.00
Expense Accounts
Original Original Amended
Program CSC CSC
Account# Title Budget Budget Budget
531 Travel(other than participants) 0.00 0.00 0.00
532 Travel (participants) 19,680.00 0.00 0.00
533 Meals(participants) 51,612.00 0.00 0.00
534 Space 0.00 0.00 0.00
535 Utilities 0.00 0.00 0.00
536 Supplies(office) 5,000.00 0.00 0.00
537 Supplies(program) 7,000.00 2,735.00 2,735.00
540 Non-Capital Equipment 0.00 0.00 0.00
550 Capital Equipment 0.00 0.00 0.00
591 Indirect Cost 0.00 0.00 0.00
611 Subcontractor 0.00 0.00 0.00
711 Professional Services(instructors) 0.00 0.00 0.00
721 Professional Services(certified teachers) 0.00 0.00 0.00
731 Professional Services(tutors) 0.00 0.00 0.00
741 Professional Services(consultants) 0.00 0.00 0.00
791 Professional Services(other) 24,000.00 18,000.00 18,000.00
811 Other(advertising) 0.00 0.00 0.00
821 Other(background screening) 0.00 0.00 0.00
831 Other(admission to field trips) 18,670.00 2,800.00 2,800.00
891 Other(other) 548,143.00 0.00 0.00
529 Fringe Benefits(other) 0.00 0.00 0.00
841 Program Specific Audit 1,500.00 1,500.00 1,500.00
751 Professional Services(Evaluation) 0.00 0.00 0.00
City of Miami Beach Page 51 of 95
Contract#1714-1090.Resolution 2016-48
Expense Accounts
Original Original Amended
Program CSC CSC
Account# Title Budget Budget Budget
851 Other(Volunteers) 0.00 0.00 0.00
852 Other(Special Events) 51,100.00 0.00 0.00
853 Other(Required Staff Training) 2,920.00 2,920.00 2,920.00
854 Other(Discretionary Funds) 1,958.00 1,958.00 1,958.00
855 Other(conference registration) 0.00 0.00 0.00
Expense Totals: 731,583.00 29,913.00 29,913.00
Salary and Expense Totals: 1,555,261.00 333,258.00 333,258.00
Program Funders
Summary Funders
Funder Type Funder Total Comment
Cash Cash(Summary) 469,248.00 City of Miami Beach General Fund
In-Kind Contributions In-Kind Contributions(Summary) 51,612.00 Flipany
Other Other(Summary) 548,143.00 Property Management, Electric,
Fleet Management and Vehicles,
Information Technologies and
Communications, Insurance
Program Fees Program Fees(Summary) 153,000.00 Program Fees
Summary Funder Totals: 1,222,003.00
•
City of Miami Beach Page 52 of 95
Contract#1714-1090.Resolution 2016-48
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Attachment: C
Programmatic Data and Reporting Requirements
City of Miami Beach Page 77 of 95
Contract#1714-1090,Resolution 2016-48
Attachment C: Data Requirements and Program Progress Metrics
AFTER-SCHOOL PROGRAMS AND SUMMER CAMPS
The Children's Trust requires collecting ongoing measures of progress on the quantity, quality and effects
of service efforts. The purpose of data collection, reporting and analysis is to promote continuous
improvements in program quality and outcome achievement. Successful programs regularly monitor the
quality of their own implementation at the site level, offer staff training and coaching on program
components, and incorporate feedback from participants and staff. Program progress metrics may be
revised throughout the funding cycle depending on the initiative needs and additional program data.
PARTICIPANT DEMOGRAPHICS
DATA REQUIREMENT PROGRAM PROGRESS METRICS
Participant Demographics: Providers After-school programs and summer camps are expected to
are expected to collect and report serve Miami-Dade County school-age participants
the participant identifiable information attending elementary and middle school, including children
specified in the Child Information with disabilities. The following are exceptions to the
Forms and in the demographics elementary and middle school grade requirements:
screens in our data reporting system. • Participants with disabilities may include youth who are
Providers will update participant enrolled in high school, through the age of 22; and
demographics regularly when new • Participants in summer camp who will turn age five (5) by
information is collected (e.g., new September 1st of that school year.
address, grade level). Programs are expected to serve the percentage of Children
with Disabilities specified in Attachment A.
PARTICIPANT ATTENDANCE
DATA REQUIREMENT PROGRAM PROGRESS METRICS
Attendance-based Data: Service Utilization: Programs are expected to ensure that
Attendance-based activities are services offered are being utilized by participants.
ongoing intensive services that Participant Enaaaement: The contracted number of
represent the core program activities participants are receiving the contracted number of sessions
and are attended by participants (i.e., the expected and appropriate dosage and length of
regularly (typically more than two service)
times).
City of Miami Beach Page 78 of 95
Contract#1714-1090,Resolution 2016-48
• PARTICIPANT OUTCOMES
DATA REQUIREMENT PROGRAM PROGRESS METRICS
Performance Measures (PM1 Data:Measures of participant Participant Testing/Timely Screenings:
outcomes should be used both for the purposes of Providers are expected to collect and
understanding and tailoring to meet individual needs at report on the outcome assessment
program entry (pre-tests) and for tracking changes or and screening tools identified in
benefits realized over the course of the program (through Attachment A on a timely and
comparing pre/post-tests). The specific outcomes for each accurate manner.
contract are described in detail in Attachment A. Actual Outcome Achievement: Refers
All children with attendance during a test administration to the number and percentage of
timeframe should receive an assessment. Additionally, participants who meet each required
children leaving the program before its completion should outcome in relation to the number of
be post-tested, if prior notice is given. participants that were expected to
School Year Pre-test: Administer within 30 calendar days meet it.
• of child's first day of attendance. Timely Referral and Referral
• School Year Mid-test: Administer between December 1st Completion: Based on the results of
and January 15th. the child screening providers are
• School year Post-test:Administer between May 1st and expected to connect families with
end of school year. identified services needed.
• Summer Camp Pre-test: Administer within 14 calendar
days of each child's first day of attendance. Providers
may also opt to use school year post-test results as
summer pre-tests for returning children. This is permissible
only if the school year post-test was administered within
two weeks of the child's start date in summer camp. If
provider chooses this option re-entering testing
information for each participant is required.
• Summer Camp Post-test:Administer during the final 14
calendar days of summer camp.
If the original formats of the required measures are not
appropriate for some participants, providers may utilize
approved adaptations or alternate assessments, in
consultation with The Trust and its program and
professional development providers.
Screenina Data: In line with The Trust's whole-child
approach, providers are expected to screen all children
enrolled in their programs using the child screening (TBD).
City of Miami Beach Page 79 of 95
Contract#1714-1090,Resolution 2016-48
PROGRAM QUALITY MEASURES
DATA REQUIREMENT PROGRAM PROGRESS METRICS
Satisfaction Survey: Participant Satisfaction: Satisfaction surveys help gauge various
Providers are expected to dimensions of participants' and caregivers' overall satisfaction with
administer child/youth and programming (including safety, program elements most liked and
parent satisfaction surveys those in need of change, and whether the programming help
during the school year and children, or other participants). Providers should be able to describe
summer. Satisfaction how they use participant feedback to continuously learn about ways
surveys can be found at to improve their programs.
The Children's Trust website.
Providers are required to
submit a summary of their
school year and summer
camp survey results
through our data reporting
system.
Personnel Records: Staff Qualifications and Retention: Providers are expected to hire and
Providers shall maintain a retain staff and subcontractors with the necessary
personnel file for each staff qualifications/credentials. Providers are expected to produce proof of
involved in the program, required experience, education, and certifications/licensures as
including in-kind staff and specified in Attachment A, staffing table.
volunteers. Each file should Professional Development: Providers are expected to create and
contain, at a minimum, implement a program and professional development plan that meets
background screening all training and certification requirements of the selected EBP(s) and
results, proof of required tools as applicable. All staff and subcontractors must be trained by
education, professional the developer or a certified trainer in the EBP model and tools
development credits/non-implemented.
credits hours, and any
required certifications or Trust-sponsored/facilitated Traininas: Providers must ensure
licensures. appropriate staff and subcontractors attend various initiative-specific
trainings provided by The Trust's program and professional
development providers annually as specified on The Children's Trust
website.At a minimum,staff will be required to attend the following
•
annually:
• New and renewal contract development;
• Contract management trainings;
• The Children's Trust provider meetings;
• SAMIS training for budgets, amendments, invoices, SAMIS
programmatic and reports trainings.
• Content-specific trainings related to program quality and
performance measures (e.g., Injury Free, CCDH, Project RISE,
evidence-based programs, and measurement tools).
Program Service Delivery: Activities Observation: Supervisors must regularly monitor staff as well
Providers are expected to as subcontractors using the appropriate fidelity tool as well as hold
deliver contracted services regular reflective supervision meetings to ensure high quality service
with fidelity to Attachment delivery. The Trust will complete various program observations and
A. monitoring site visits throughout the contract year. Program
observation visits may be announced or unannounced. In addition,
providers are expected to participate in technical assistance and
quality improvement activities provided by professional development
providers.
City of Miami Beach Page 80 of 95
Contract#1714-1090,Resolution 2016-48
ADDITIONAL REQUIREMENTS
Compliance Items: Provider shall comply with all applicable compliance items specified in the core
contract, related contract attachments, and the "Required Documentation Checklist" posted on The
Children's Trust website.
Schedule of Activities: An approved Schedule of Activities is to be posted in a visible location at each
service site. The schedule shall reflect the activities, frequency, and intensity as outlined in Attachment A.
Provider may modify the schedule(s), however, any changes that alter the type, frequency, intensity,
and/or duration of the activities will require a contract amendment. Provider must ensure that
approximately 75% of the program's operating hours are accounted for in planned program activities
described in Attachment A.
Nutritious Food/Beverage: Providers are expected to ensure that all children have a nutritious lunch and
snack, at a minimum, during summer and full-day program days and a snack during after-school and
partial day program days. Provider may also participate in the Afterschool Meal (supper) program
facilitated by The Children's Trust. Weekly menus are to be posted in a visible location at each service site.
Accommodations for Children with Disabilities: The Children's Trust expects all programs to serve
children with disabilities,regardless of disability type or level, provided they can be safely and reasonably
accommodated in accordance with the Americans with Disabilities Act (ADA). Providers who may need
assistance in determining whether they can safely and reasonably accommodate children with
disabilities must contact their assigned Inclusion Specialist from the resources available through The
Children's Trust. All children must be admitted into programs unless the assigned Inclusion Specialist
determines that reasonable accommodations cannot be made.
Program Narrative Report:The Program Narrative Report captures a brief report of the program's successes,
challenges, and support needed. The report will be submitted to The Trust via the web-based reporting
system and following the guidelines provided in the Data Reporting Timeline below.
Accurate Timely Data Entry: Providers are expected to enter demographic, attendance, screening, and
assessment data in a timely manner, contributing to data accuracy and real time use of data. Providers
are expected to have processes in place to ensure data quality and integrity. Providers are expected to
collect and report outcome and screening data on all participants in our data reporting system.
Data Reporting Timeline: Provider shall comply with the web-based reporting requirements set forth in the
tables below. With each submission, Provider shall attest, based on his/her best knowledge, information
and belief, that all data submitted in conjunction with the reports are accurate, truthful and complete.
Providers will report individual participant attendance for each month by the 15th of the following month at
the latest.
Due Date* What to Report in the Web-Based Reporting System
15th Day - Prior month's new participant demographics, attendance data,
Each Month screening data, and any testing data
School October 15th - Program Narrative Report
Year January 31st - Program Narrative Report
April 15th - Aggregated satisfaction survey responses
June 15th - Program Narrative Report
Due Date* What to Report in the Web-Based Reporting System
15th Day - Prior month's new participant demographics, attendance data,
Summer Each Month screening data, and any testing data
Camp
September - Program Narrative Report
15th - Aggregated satisfaction survey responses
*NOTE: If a reporting due date falls on a weekend or holiday, the document shall be due on the following
business day.
City of Miami Beach Page 81 of 95
Contract#1714-1090,Resolution 2016-48
Attachment D
Program Specific Audit Requirements
City of Miami Beach Page 82 of 95
Contract#1714-1090,Resolution 2016-48
Attachment D
Program Specific Audit Requirements
The Program Specific Audit must encompass an audit of The Children's Trust contracts in accordance with section
03: Program Specific Audit of this contract. The comprehensive nature of auditing performed in accordance with
the standards set forth below places on the independent certified public accounting firm (CPA) the responsibility for
ensuring that (1) the audit is conducted by personnel who have the necessary skills; (2) independence is maintained;
(3) applicable standards are followed in planning and conducting audits and reporting the results; (4) the
organization has an appropriate internal quality control system in place; and (5) the organization undergoes an
external quality control review.
Program Specific Audits must be conducted in compliance with AU-C 935 and are required to include performing
tests of controls over compliance.
An auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance;
and in doing so;the assessed control risk must be assessed at low during the planning stage. If the auditor determines
a lack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are
not effective regarding the compliance requirement, a response to such risks should be developed, and a finding
(significant deficiency or material weakness)should be reported.
The auditor's test work and sample size of each compliance requirement should be the result of the assessed level
of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust
contracts.
The Program Specific Audit requires the following components (a sample format may be found on The Children's
Trust website):
a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts;
b. Schedule of Expenditures of The Children's Trust Contracts;
c. Notes to Schedule;
d. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control
over Compliance;and
e. Schedule of Findings and Questioned Costs.
At a minimum, the auditor must include the following tests in their audit program to ensure that the compliance
requirements set forth in The Children's Trust compliance supplement are met. They are:
The Children's Trust Compliance Supplement to the Program Specific Audit:
Compliance Requirement Program Specific Audit Example
Implication
a). Internal Controls 1). An auditor's risk assessment A). Controls tested during the
must include an expectation of financial statement audit may
the operating effectiveness of not consider compliance as it
controls over compliance; and relates to the Children's Trust
in doing so; the assessed contracts. Overall control risk
control risk must be assessed at must consider each
low during the planning compliance requirement tested
stage. If the auditor determines during the program specific
a lack of controls and identifies audit. Separate risk assessment
risk of material noncompliance procedures and materiality
that demonstrates internal should be performed and
controls do not exist or are not generated for a program
effective regarding the specific audit.
compliance requirement, a
response to such risks should be
developed, and a finding
(significant deficiency or
City of Miami Beach Page 83 of 95
Contract#1714-1090,Resolution 2016-48
Compliance Requirement Program Specific Audit Example
Implication
material weakness) should be
reported.
The auditor's test work and
sample size of each
compliance requirement
should be the result of the
assessed level of inherent risk
and control risk as it relates to
each compliance requirement
as stated in The Children's Trust
contracts.
b). Budget vs. Actual 1). The approved budget is to A). Testwork should include a
Expenditures include the original approved schedule identifying each
contract as well as any contract and its
approved budget original/amended budget,
amendments/revisions. monthly billings, contract
utilization and any analytical
expectations that may identify
any overbillings.
i. SAMIS does not allow
providers to overbill any
budgeted line item or
contract allocation,
however, if contract
utilization is greater or
less than expected, this
could indicate that a
budgeted salary rate is
not the employee's
actual rate. Provider
must compensate
employees at the rate
stated on the budget.
Any difference in rate
would warrant a finding
in the Program Specific
Audit Report.
c). Allowable/Unallowable 1). Requires that the nature of A). If Provider asks to be
Activities and Costs services and type of costs paid reimbursed for 6 field trips to
are in agreement with the teach children social skills, then
contractual budget and/or were those field trips
Common unallowable costs: budget amendment/revision's enumerated in either the
1. Salary rates, payroll methods scope of services and budget contractual budget narrative or
and hours billed do not match guidelines. the contractual Scope of
original or amended budgets. AND/OR Services?
2. The amount of fringe
benefits billed to the Trust is Requires that activities B). If the contractual budget,
actually for employees not performed or costs paid with lists a Program Coordinator
included in contract budget The Children's Trust funds are position at $25.00/hour, then
and unrelated to the program. listed in the contractual budget does the provider actually pay
City of Miami Beach Page 84 of 95
Contract#1714-1090,Resolution 2016-48
Compliance Requirement Program Specific Audit Example
Implication
3. Professional services are narrative or a contractual and charge The Children's Trust
billed within regular salaries and budget amendment/revision $25.00/hour?
wages. narrative.
4. Capital purchases disguised C). If the contractual budget,
as repairs. lists a Program Coordinator's
2). Any cost or service billed position,with dedicated time
5. Sales taxes and tips. that is not approved in the charged to The Children's Trust
6. Fuel contract budget is a finding program of 25%, then does the
and reported as a questioned provider keep records of an
7. Food and beverage costs for cost on the Program Specific employee's time to
parties, celebrations,end-of- Audit Report. substantiate that 25%of time
program events, and was in fact earned and
conferences or conventions, charged to The Children's Trust
unless while attending an out- 3). If any cost or service is billed
of-town conference or in more than one contract, and program?
convention. the billings are in excess of the
8. Monetary gift cards as total disbursement, or D). If 3 contracts list a Program
incentives. approved allocation, the Coordinator's total budgeted
expense has been overbilled or salary as$100,000 and each
(A detailed listing of all costs doubled billed and should be contract will reimburse $35,000
and activities considered considered a finding. (35%), then a possible
allowed and un-allowed can overbilling of$5,000 may have
be viewed in the Budget occurred ($35,000*3=$105,000
Guidelines form on the 4). Children's Trust funds must or 35%*3=105% Children's Trust
Children's Trust website, supplement a program, salary allocation).
www.thechildrenstrust.org/provi supplanting is unallowable. A
ders/forms.) provider may not use contract E). If an invoice is submitted to
funds to defray any costs that The Children's Trust that
the recipient already is includes food charges for end
obligated to pay. (See
example F) of the year parties and
celebrations, is that cost
allowable per The Children's
Trust budget guidelines? Food
costs for end of year
celebrations are NOT allowable
per The Children's Trust budget
guidelines.
F). If a provider, prior to
applying to participate in the
contracted program, had
committed to purchase 10 new
computers for another
program, then the provider
must purchase those 10
computers in addition to any
computers requested for the
Children's Trust program.
City of Miami Beach Page 85 of 95
Contract#1714-1090,Resolution 2016-48
Compliance Requirement Program Specific Audit Example
Implication
d). Cash Management 1). With the exception of the A). If payroll is paid on 3/31, is it
last month of the contract included in March's
period, do monthly invoices reimbursement?
represent cost actually paid
during the contract period
(cash basis), rather than costs B). If payroll is paid on 4/1, but
incurred or accrued. represents time charged in
March, is it included in April's
reimbursement?
e). Period of Availability 1). Requires Provider to charge A). If the active contract period
The Children's Trust grant with extends from 8/1/15 through
only allowable costs resulting 7/31/16, and Provider expenses
from obligations incurred during $250.00 for office supplies on
the funding period. 9/30/15, does that expenditure
apply to the active contract
period?
B).The following items warrant
the most attention at the
beginning and end of contract
periods:
i. Payroll from expired
contract is billed in the
first month of renewed
contract is unallowable
if it was paid during the
invoiced month but
was incurred in prior
contract. Reporting
requirements for final
invoice allow this
payroll to be expensed
and reimbursed in prior
contract. Only the
portion of payroll
incurred during the
contract period may
be billed.
ii. Utilities
iii. Insurances
f). Special Provisions 1). Eligibility requirements Each of the following special
related to contract provisions must be tested:
expectations such as type of A). Insurance requirements
participants served, number of (further description in Section K
participants served and of Core Contract)
background checks should
NOT be tested as part of The i. Auditor should
Children's Trust program determine if all
specific audit. The program applicable insurance
specific audit is meant to test policies were carried
the fiscal viability of the during the fiscal year.
provider. Therefore, certain B). Proof of tax status (further
description in Section L)
City of Miami Beach Page 86 of 95
Contract#1714-1090,Resolution 2016-48
Compliance Requirement Program Specific Audit Example
Implication
core contract provisions that ii. Auditor should vouch to
support the fiscal viability of the applicable documents
provider should be tested. verifying that all
incurred payroll and
unemployment taxes
have been paid.
C). Data security obligation
(further description in Section
0.12 of the Core Contract)
i. Auditor should obtain
and/or understand the
Provider's data security
policy.
D). Subcontractor agreements
(if applicable)
i. Auditor should obtain
and understand any
agreements made with
subcontracted parties.
Additionally, the auditor
should obtain an
understanding of any
Provider monitoring
procedures.
E). Matching Funds
i. In some cases, a
required match is
contracted. This will be
indicated in Section D
of the base contract.
Verify the applied
method the provider
uses to satisfy match
requirements. Also,
verify that provider
maintains
documentation to
backup match
requirements.
The independent auditor's report shall state that the audit was conducted in accordance with auditing standards
generally accepted in the United States of America; the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States, and the Program Specific
Audit requirements listed in The Children's Trust contract.
City of Miami Beach Page 87 of 95
Contract#1714-1090,Resolution 2016-48
ATTACHMENT E-1
Affidavit under Penalty of Perjury for Level 2 Background Screenings
City of Miami Beach Page 88 of 95
Contract#1714-1090,Resolution 2016-48
ATTACHMENT E-1
Affidavit under Penalty of Perjury for Level 2 Background Screenings
Affidavit under Penalty of Perjury Affirming Compliance with Background Screening for Provider Personnel,Volunteers,
and Subcontracted Personnel, as applicable.
In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, and
pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes
the following statement under oath and under penalty of perjury, which is a first degree misdemeanor, punishable
by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections
837.012 and 775.082, Florida Statutes.
All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers provided to the program
by a subcontractor have been checked against The Dru Sjodin National Sex Offender Public Website
http://www.nsopw.gov/eng (Check must have taken place within 30 calendar days prior to the signing of this
document.)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared ICEO/Executive Director) Authorized Provider
Representative of City of Miami Beach,who being by me first duly sworn, deposes and says:
I swear and affirm that the above-named contracted Provider is compliant with the requirements for personnel
background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes,
as applicable, for all personnel having direct contact with children.
(Signature of CEO/Executive Director/HR Director) Date
Sworn to and subscribed before me at Miami-Dade County, Florida this_day of , 20_by
•
Who is personally known to me
Who produced identification:
Type of identification
Signature of Notary Public
State of Florida at Large
Print, type or stamp name of notary public
My Commission Expires:
City of Miami Beach Page 89 of 95
Contract#1714-1090,Resolution 2016-48
,e <}i F,ihla
ATTACHMENT E-2
oleky
. CHILD CARE
AFFIDAVIT OF GOOD MORAL CHARACTER
.Mini rn.un.II('om
State of Florida County of
Before me this day personally appeared who, being duly sworn, deposes and says:
(Applicant's/Employee's Name)
As an applicant for employment with, an employee of, a volunteer for, or an applicant to volunteer with
, I affirm and attest under penalty of perjury that I meet the moral character
requirements for employment, as required by Chapter 435 Florida Statutes in that:
I have not been arrested with disposition pending or found guilty of,regardless of adjudication,or entered a plea
of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or
expunged for, any offense prohibited under any of the following provisions of the Florida Statutes or under any
similar statute of another jurisdiction for any of the offenses listed below:
Relating to:
Section 393.135 sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct
Section 394.4593 sexual misconduct with certain mental health patients and reporting of such sexual misconduct
Section 415.1 1 1 adult abuse,neglect,or exploitation of aged persons or disabled adults or failure to report of such abuse
Section 741.28 criminal offenses that constitute domestic violence,whether committed in Florida or another jurisdiction
Section 777.04 attempts,solicitation,and conspiracy
Section 782.04 murder
Section 782.07 manslaughter,aggravated manslaughter of an elderly person or disabled adult,or aggravated manslaughter of
a child
Section 782.071 vehicular homicide
Section 782.09 killing an unborn child by injury to the mother
Chapter 784 assault,battery,and culpable negligence,if the offense was a felony
Section 784.011 assault,if the victim of offense was a minor
Section 784.03 battery,if the victim of offense was a minor
Section 787.01 kidnapping
Section 787.02 false imprisonment
Section 787.025 luring or enticing a child
Section 787.04(2) taking,enticing,or removing a child beyond the state limits with criminal intent pending custody proceeding
Section 787.04(3) carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or
delivering the child to the designated person
Section 790.1 15(1) exhibiting firearms or weapons within 1,000 feet of a school
Section 790.1 15(2) (b) possessing an electric weapon or device,destructive device,or other weapon on school property
Section 794.011 sexual battery
Former Section 794.041 prohibited acts of persons in familial or custodial authority
Section 794.05 unlawful sexual activity with certain minors
Chapter 796 prostitution
Section 798.02 lewd and lascivious behavior
Chapter 800 lewdness and indecent exposure
Section 806.01 arson
Section 810.02 burglary
Section 810.14 voyeurism,if the offense is a felony
Section 810.145 video voyeurism,if the offense is a felony
Chapter 812 theft and/or robbery and related crimes,if a felony offense
Section 817.563 fraudulent sale of controlled substances,if the offense was a felony
Section 825.102 abuse,aggravated abuse,or neglect of an elderly person or disabled adult
Section 825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
Section 825.103 exploitation of disabled adults or elderly persons,if the offense was a felony
Section 826.04 incest
Section 827.03 child abuse,aggravated child abuse,or neglect of a child
Section 827.04 contributing to the delinquency or dependency of a child
Former Section 827.05 negligent treatment of children
Section 827.071 sexual performance by a child
Section 843.01 resisting arrest with violence
Section 843.025 depriving a law enforcement,correctional,or correctional probation officer means of protection or
communication
Section 843.12 aiding in an escape
Section 843.13 aiding in the escape of juvenile inmates in correctional institution
City of Miami Beach Page 90 of 95
Contract#1714-1090,Resolution 2016-48
Chapter 847 obscene literature
Section 874.05(1) encouraging or recruiting another to join a criminal gang
drug abuse prevention and control only if the offense was a felony or if any other person involved in the offense
was a minor
Section 916.1075 sexual misconduct with certain forensic clients and reporting of such sexual conduct
Section 944.35(3) inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm
Section 944.40 escape
Section 944.46 harboring,concealing,or aiding an escaped prisoner
Section 944.47 introduction of contraband into a correctional facility
Section 985.701 sexual misconduct in juvenile justice programs
Section 985.711 contraband introduced into detention facilities
I understand that I must applicable acknowledge the existence of any criminal record relating to the above lists
of offenses including those under any similar statute of another jurisdiction, regardless of whether or not those
records have been sealed or expunged. Further, I understand that, while employed or volunteering at
in any position that requires background screening as a
condition of employment, I must immediately notify my supervisor/employer of any arrest and any changes in
my criminal record involving any of the above listed provisions of Florida Statutes or similar statutes of another
jurisdiction whether a misdemeanor or felony.This notice must be made within one business day of such arrest or
charge. Failure to do so could be grounds for termination.
I attest that I have read the above carefully and state that my attestation here is true and correct that my record
does not contain any of the above listed offenses. I understand, under penalty of perjury, all employees in such
positions of trust or responsibility shall attest to meeting the requirements for qualifying for employment and
agreeing to inform the employer immediately if arrested for any of the disqualifying offenses. I also understand
that it is my responsibility to obtain clarification on anything contained in this affidavit which I do not understand
prior to signing. I am aware that any omissions, falsifications, misstatements or misrepresentations may disqualify
me from employment consideration and, if I am hired, may be grounds for termination or denial of an exemption
at a later date.
SIGNATURE OF AFFIANT:
Sign Above OR Below, DO NOT Sign Both Lines
To the best of my knowledge and belief, my record contains one or more of the applicable disqualifying acts or
offenses listed above. I have placed a check mark by the offense(s) contained in my record. (If you have
previously been granted an exemption for this disqualifying offense, please attach a copy of the letter granting
such exemption.) (Please circle the number which corresponds to the offense(s) contained in your record.)
SIGNATURE OF AFFIANT:
Sworn to and subscribed before me this day of , 20_.
SIGNATURE OF NOTARY PUBLIC,STATE OF FLORIDA
(Print,Type,or Stamp Commissioned Name of Notary Public)
(Check one)
Affiant personally known to notary •
OR
Affiant produced identification
City of Miami Beach Page 91 of 95
Contract#1714-1090,Resolution 2016-48
ATTACHMENT E-3
re% {r
Child Abuse & Neglect Reporting Requirements
hrC'V A•f
All child care personnel are mandated by law to report their ;usoicions of child abuse, neglect, or
abandonment to the Florida Abuse Hotline in accordance with s. 39.201 of the Florida Statutes(F.S.).
* Child care personnel must be alert to the physical and behavioral indicators of child abuse and
neglect.
"Child Abuse or Neglect" is defined ins.39.201, F.S.,as "harm or threatened harm" to a child's health
(mental or physical) or welfare by the acts or omissions by a parent, adult household member, other
person responsible for the child's welfare, or for purposes of reporting requirements by any person.
Categories include:
- Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision...)
- Emotional Abuse or Neglect (i.e. impairment in the ability to function, depression...)
-Sexual Abuse (i.e.withdrawal, excessive crying, physical symptoms...)
* Reports must be made immediately to the Florida Abuse Hotline Information System by
-Telephone at 1-800-96-ABUSE (1-800-962-2873), or
- Fax at 1-800-914-0004, or
- Online at http://www.dcf.state.fl.us/abuse/report/.
* Failure to perform duties of a mandatory reporter pursuant to s. 39.201, F.S. constitutes a violation of
the standards in ss. 402.301-319, F.S. and is a felony of the third degree. Remember, it is each child
care personnel's responsibility to report suspected abuse and/or neglect.
* All reports are confidential. However, persons who are mandated reporters (child care personnel) are
required to give their name when making a report.
* It is important to give as much identifying and factual information as possible when making a report.
* Any person,when acting in good faith, is immune from liability in accordance with s.39.203(1)(a), F.S.
* For more information about child abuse and neglect, visit the Department's website at
www.myflorida.com/childcare and select "Training Requirements." The Department offers a 4-hour
Identifying and Reporting Child Abuse and Neglect course for child care providers.This course is an
overview of the various types of abuse and neglect, indicators that may be observed, the legal
responsibility of mandatory reporters, and the proper procedure for reporting abuse and neglect, as
required by ss. 402.305(2) and 402.313(1), F.S. The course is offered both online and instructor-based
throughout Florida.
This statement is to verify that on , 20 , I,
Date Print Name of Employee
Read and understood the information and my mandated reporting requirements.
Signature of Employee (for facility or large family child care home) Signature of Operator
City of Miami Beach Page 92 of 95
Contract#1714-1090,Resolution 2016-48
ATTACHMENT E-4
rti�r:saK�4c,
BACKGROUND SCREENING
& PERSONNEL FILE REQUIREMENTS
z. Place in employee file and attach all background screening documentation.
Authority: s. 402.301-319, F.S., and s. 435, F.S.
MY P LFAM I LI LS,COM
Name of Employee:
Name of Facility:
*Social Security #: Date of Birth: Employment Date:
*Pursuant to Chapter 435.05,F.S.,the Department's license/registration application requires personnel to give their Social Security
number for the purposes of background screening.Social security numbers are used by the Department for identity verification only.
Position Classification Position Type Age Group Assigned Education Level
(check one) (check all that apply) (check one) (check one)
Child Care Personnel Owner 0— 12 Months No High School/GED
Intermittent Volunteer Director 1 Year High School Student
Other Personnel Lead Teacher (must 2 Years High School/GED
select age group) 3 Years National Early Childhood Credential
VPK Instructor 4 Years Birth Through Five Child Care Credential
Assistant Teacher 4 Years VPK School-Age Child Care Credential
Substitute 5+Years Associates Degree
Mixed Bachelor's Degree
Not Applicable Master's Degree or Higher
SCREENING DOCUMENTATION
All child care personnel are required by law to be screened pursuant to Chapter 435,
F.S., as a condition of employment and continued employment.
Initial Screen
Date Livescanned Date completed
FINGERPRINT FDLE/FBI FDLE/FBI
Affidavit of Good Moral Character N/A
(due on or before employment,
following a 90 day break,or when
changing employers)
5 Year Re-screen
Date Livescanned Date completed
FINGERPRINT
FINGERPRINT
FINGERPRINT
OTHER REQUIREMENTS
Date Employment References Checked:
Names of References (attach additional documentation if necessary):
Leave of Absence Documentation from Employer (if applicable):
City of Miami Beach Page 93 of 95
Contract#1714-1090,Resolution 2016-48
ATTACHMENT G
Data Security Definitions
City of Miami Beach Page 94 of 95
Contract#1714-1090.Resolution 2016-48
ATTACHMENT G
Data Security Definitions
"Authorized Employees" means Provider's employees who have a need to know or otherwise access
Personal Information to enable Provider to perform its obligations under this Agreement.
"Authorized Persons" means (i) Authorized Employees; or (ii) Provider's subcontractors approved by The
Children's Trust who have a need to know or otherwise access Personal Information to enable Provider to
perform its obligations under this Agreement, and who are bound in writing by confidentiality obligations
sufficient to protect Personal Information in accordance with the terms and conditions of this Agreement.
"Unauthorized Third Party" means any person other than Authorized Employee or Authorized Person(s).
"Highly-Sensitive Personal Information" means an individual's (i) government-issued identification number
(including, without limitation, social security number, driver's license number or state-issued identified
number); (ii) financial account number,credit card number,debit card number,credit report information,
with or without any required security code, access code, personal identification number or password,
that would permit access to an individual's financial account; or (iii) biometric or health data.
"Personal Information" includes Highly-Sensitive Personal Information or any of the following:
(i) An individual's first name or first initial and last name in combination with any one or more of the
following data elements for that individual:
(1) A social security number;
(2) A driver license or identification card number, passport number, military identification number, or
other similar number issued on a government document used to verify identity;
(3) A financial account number or credit or debit card number, in combination with any required
security code, access code, or password that is necessary to permit access to an individual's
financial account;
(4) Any information regarding an individual's medical history, mental or physical condition,or medical
treatment or diagnosis by a health care professional; or
(5) An individual's health insurance policy number or subscriber identification number and any unique
identifier used by a health insurer to identify the individual.
(ii) User name or e-mail address, in combination with a password or security question and answer that
would permit access to an online account.
Notwithstanding the foregoing,the term "Personal Information"shall not include information (1) about an
individual that has been made publicly available by a federal, state, or local governmental entity; or (2)
that is encrypted, secured, or modified by any other method or technology that removes elements that
personally identify an individual or that otherwise renders the information unusable.
"Security breach"or"breach" means unauthorized access of data in electronic form containing personal
information, or a breach or alleged breach of this Agreement relating to such privacy practices. Good
faith access of Personal Information by an employee or agent of the covered entity shall not constitute a
breach of security under this Agreement, so long as the information is not used for a purpose unrelated
to the business of The Children's Trust, or as a result of any other unauthorized use.
City of Miami Beach Page 95 of 95
Contract#1714-1090,Resolution 2016-48