PSA with Choices Et Al, Inc. 020/6 — 9337
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CHOICES ET AL, INC.
FOR
CHILD AND FAMILY SERVICES, PURSUANT TO
THE CITY'S SERVICE PARTNERSHIP INITIATIVE
T Professional Services Agreement ("Agreement") entered into this & day of
!1.1,0 ,Lb62016, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and CHOICES ET AL,
INC., a Florida for profit corporation, whose principal address is P.O. Box 695409 Miami,
Florida 33269 (Contractor).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number
(305) 673-7000, Ext. 6435; and fax number(305) 673-7023.
SECTION 2
SCOPE OF WORK (SERVICES)
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall
provide Care Coordination services for up to twenty-five (25) children and their families
Family Group Conferencing services for up to seventy-four (74) children and their families,
and Restorative Justice services for up to sixty (60) children and their families, as further
described in Exhibit "A" hereto (the Services).
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A," entitled "Scope of Services."
hereto.
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2.3 Contractor agrees to be bound by and shall fully comply with the terms of the
Agreement, dated July 27, 2016, between The Children's Trust and the City of Miami Beach,
for place-based/countywide community partnerships (the "Children's Trust Grant
Agreement"), which is incorporated herein and attached hereto as Exhibit C.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall terminate on July 31, 2017. All Services to be rendered shall be
completed no later than July 31, 2017.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A
hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on
a fixed fee basis, in a total amount not to exceed Forty Thousand One Hundred and
Ninety-Eight Dollars and Twenty-Five Cents ($40,198.25).
4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", as follows:
a) Provision of one (1) Care Coordination Assessment & Plan Development service
each for up to twenty-five (25) children and their families at the rate of One Hundred
Forty Four Dollars and Twenty Cents ($144.20) per each Care Coordination
Assessment & Plan Development service, for a maximum not to exceed sum of Three
Thousand Six Hundred and Five Dollars ($3,605.00);
- b) Provision of two (2) Care Coordination Plan Follow-Up services each for up to twenty-
five (25) children and their families at the rate of Seventy-Eight Dollars and Seventy-
Five Cents ($78.75) per Care Coordination Plan Follow-Up, for a maximum not to
exceed sum of Three Thousand Nine Hundred and Thirty-Seven Dollars and Fifty
Cents ($3,937.50);
c) Provision of twenty-five (25) Flexible Care Coordination Plan Check-In services to be
utilized in accordance with client Care Coordination Plans, at the rate of Twenty-
Seven Dollars and Eighty-One Cents ($27.81) per Flexible Care Coordination Plan
Check-In, for a maximum not to exceed sum of Six Hundred Ninety-Five Dollars and
Twenty-Five Cents ($695.25);
d) Provision of one (1) Care Coordination Plan Close-Out service each,for up to twenty-
five (25) children and their families at the rate of One Hundred Three Dollars
($103.00) per each Care Coordination Close-Out service, for a maximum not to
exceed sum of Two Thousand Five Hundred and Seventy-Five Dollars ($2,575.00).
e) Provision of one (1) Family Group Conference service each for up to seventy-four
(74) children and their families at the rate of One Hundred and Eighty Dollars and
Twenty-Five Cents ($180.25) per each Family Group Conference service, for a
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maximum not to exceed sum of Thirteen Thousand Three Hundred and Thirty-Eight
Dollars and Fifty Cents ($13,338.50);
f) Provision of one (1) Restorative Justice Assessment each for up to Seventy-Five (75)
children at the rate of One Hundred and Twenty Dollars ($120) per each Restorative
Justice Assessment for a maximum not to exceed sum of Nine Thousand Dollars
($9,000.00); and
g) Provision of forty (40) Restorative Justice Circles for a group of children at the rate of
Seventy-Five Dollars ($75) per each Restorative Justice Circle for a maximum not to
exceed sum of Three Thousand Dollars ($3,000.00);
Contractor's compensation shall be further subject to and conditioned upon all or any portion
of the Services to be provided herein being allowable and within the Scope of Services
delineated in Exhibit "A".
4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that
details all services performed by Contractor in a particular month. Contractor's invoices are
subject to the review and approval of the City Manager and/or his or her designee, who shall
be the Department Director of the Office of Housing and Community Services. The City shall
not remit any payments to Contractor unless Contractor provides the City with a detailed
invoice that is acceptable to the City by the 5t' business day of each month as further
outlined in Exhibit"A" under"Reporting Requirements".
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-
five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Contractor shall submit monthly Reimbursement Requests, Monthly Service Summary
Reports, and accompanying Monthly Client Status Lists, as set forth in Exhibit "B", which
include an itemized, detailed description of the Services, or portions thereof, provided
(including the names of the clients served and dates of service provision) and cost(s) for
same.
Invoices shall be signed by an authorized employee of the Contractor, shall include a
detailed description of the Services (or portions thereof) provided, and shall be submitted to
the City at the following address:
Maria Ruiz, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
SECTION 5
TERMINATION,
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
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its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular term(s) of this Agreement, and shall grant
Contractor ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Contractor. Notwithstanding the foregoing, if the default is of a nature that cannot be
cured, such as perpetrating a fraud, making a material misrepresentation, or creating
a temporary or permanent public health, welfare or safety issue, as determined by the
City Manager, in the City Manager's sole discretion, the City Manager may
immediately suspend the Services under this Agreement for a time certain, or, in the
alternative, terminate this Agreement on a given date, without providing Contractor
with an opportunity to cure. Upon termination, the City shall be fully discharged from
any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the Contractor.
The City, at its sole option and discretion, shall be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the
City's rights and remedies against Contractor. The City shall be entitled to recover all
costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic, or bodily injury, wrongful death, loss of or damage to
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property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in
connection with, related to, or as a result of the Contractor's performance of the Services
pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall not commence any work and/or Services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been reviewed and approved by the City's Risk Manager.
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Commercial General Liability insurance, to include sexual molestation, in an
amount not less than $500,000 combined single limit per occurrence and $1,000,000
aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless
Contractor can provide financial statements to support a higher deductible. The City
of Miami Beach must be designated and shown as an additional insured and the
certificate holder with respects to this coverage. The general liability policy must
contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
2. If applicable, Contractor Professional Liability insurance, with coverage
amounts not less than $250,000 per claim and in the aggregate. Defense costs
may be inside the limits of liability and the policy can be written on claims made form.
The City of Miami Beach is not required to be named as an Additional Insured.
Professional liability insurance is generally required when the scope of services uses
professional services that require certification or license(s) to provide direct services
to program participants.
3. Workers Compensation & Employers Liability, as required pursuant to Florida
Statutes. Worker's Compensation Insurance must cover all employees, non-
incorporated independent contractors or Contractors, and incorporated independent
contractors or Contractors that do not have worker's compensation coverage or a
valid State of Florida exemption on file with the Department of Labor, as required by
Florida Statutes, Chapter 440. In the event that the Contractor is no longer exempt
from obtaining Worker's Compensation insurance, the Contractor must notify the City
of Miami Beach and provide the necessary certificate of insurance upon the
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termination of the exemption. The employer's liability portion will be
$500,000/$500,000/$500,000 as a minimum.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability shall include the City
as an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of
the insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance
certificates for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
Failure by Contractor to comply with Section 6.2 shall be a material breach of this Contract.
The City will not disburse any funds under this contract until all required Certificates of
Insurance have been provided to and have been approved by the City's Risk Manager.
The Contractor shall not commence any work and/or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
Contractor and or Contractor's insurance agent, as applicable, shall notify the City, in writing,
of any material changes in insurance coverage, including, but not limited to, any renewals of
existing insurance policies, not later than thirty (30) days prior to the effective date of making
any material changes to the insurance coverage except for ten (10) days for lack of payment
changes. Contractor shall be responsible for ensuring that all applicable insurance is
maintained and submitted to the City for the duration of this Contract. In the event of any
change in Contractor's Scope of Services, Attachment A, the City may increase, waive, or
modify in writing any of the foregoing insurance requirements. Any request by a Contractor to
decrease, waive, or modify any of the foregoing insurance requirements must be approved,
in writing, by the City prior to any such decrease, waiver, or modification. In the event that an
insurance policy is canceled, lapsed, or expired during the effective period of this Contract,
the City shall withhold all payments to Contractor until a new Certificate of Insurance required
under this section is submitted and approved by the City. The new insurance policy shall
cover the time period commencing from the date of cancellation of the prior insurance policy.
The City may require Contractor to furnish additional and different insurance coverage, or
both, as may be required from time to time under applicable federal or state laws or the City
requirements. Provision of insurance by Contractor, in no instance, shall be deemed to be a
release, limitation, or waiver of any claim, cause of action or assessment that the City may
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have against Contractor for any liability of any nature related to performance under this
Contract or otherwise. All insurance required hereunder may be maintained by Contractor
pursuant to a master or blanket policy or policies of insurance.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Contractor and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
the compensation/fee to be paid to Contractor pursuant to this Agreement, less any
amounts actually paid by the City as of the date of the alleged breach. Contractor hereby
expresses its willingness to enter into this Agreement with Contractor's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of the
sum of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any
amounts actually paid by the City as of the date of the alleged breach.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount
in excess of the sum of the compensation/fee to be paid to Contractor pursuant to this
Agreement, less any amounts actually paid by the City as of the date of the alleged breach
for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
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SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e., 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement, including Contractor's financial records. Contractor shall
maintain any and all such records at its place of business at the address set forth in the
"Notices" section of this Agreement. Contractor agrees to submit its agency financial audit
to the City within 30 days of completion, at least once during the Term of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
Contractor shall be responsible for all Services performed, and all expenses incurred, under
this Agreement, including services provided and expenses incurred by any and all
subcontractors. The City shall not be liable to any subcontractor for any expenses or
liabilities incurred under any subcontract. Contractor shall be solely liable for any expenses
or liabilities incurred under any subcontract. Contractor shall hold harmless and defend, at
Contractor's expense, the City against any claims, demands or actions related to any
subcontract.
10.4 [INTENTIONALLY DELETED]
10.5 NO DISCRIMINATION
Contractor hereby agrees to comply with City of Miami Beach Human Rights Ordinance, as
codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment, housing, public accommodations, or public services, on the
basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual
orientation, gender identity, familial and marital status, age, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, political
affiliation, or disability.
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10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as may be amended from time to time); both of which are incorporated
by reference herein as if fully set forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance of
this Agreement, Contractor shall not employ any person having such interest. No member
of or delegate to the Congress of the United States shall be admitted to any share or part of
this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR: Choices, et al, Inc.
Attn: Cheryl Polite-Eaford, President
P.O. Box 645409
Miami, Florida 33269
(305) 332-2074
TO CITY: City of Miami Beach
Office of Housing and Community Services
Attn: Maria Ruiz, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7491
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
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SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time. Records made or received in
connection with this Agreement are public records under Florida law, as defined in
Section 119.011(12), Florida Statutes.
(B) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor
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shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(C) REQUEST FOR RECORDS; NONCOMPLIANCE.—
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute
a breach of the Agreement, and the City, at its sole discretion, may: (1)
unilaterally terminate the Agreement; (2) avail itself of the remedies set forth
under the Agreement; and/or (3) avail itself of any available remedies at law or
in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(D) CIVIL ACTION.—
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
(E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO AMIAMIBEACHFL.GOV
PHONE: 305-673-7411
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12.5 BACKGROUND SCREENING
In accordance with Sections 39.001, 943.0542, 984.01, and 1012.465, and Chapters 402,
430, 435, Florida Statutes, as applicable, employees, volunteers and subcontracted
personnel who work in direct contact with children or who come into direct contact with
children must complete a satisfactory Level 2 background screening prior to commencing
work pursuant to this Agreement.
Level 2 background screening investigations must be completed through the Florida
Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History
System) Program. Satisfactory background screening documentation will be accepted for
those agencies that already conduct business with either the Department of Children and
Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami-Dade County Public
School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards
indicating the person has successfully completed a Level 2 screening shall be acceptable by
the City.
If background screenings are completed through VECHS, then Contractor shall complete
Attachment E: "Affidavit for Level 2 Background Screenings," for each contract term. The
Affidavit shall cover employees, volunteers, and subcontractors performing services under
this contract who are required to complete a Level 2 background screening as defined in this
section. Contractor shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in
Contractors records for its personnel, volunteers, and sub-contractors. Contractor shall re-
screen each employee, volunteer, and/or subcontractor every five (5) years.
12.6 CONFIDENTIALITY
Contractor and the City understand that during the course of performing the Services
hereunder, each party may have access to certain confidential and proprietary information
and materials of the other party in order to further performance of the Services. The parties
shall protect confidential information and comply with applicable federal and state laws on
confidentiality to prevent unauthorized use, dissemination or publication of confidential
information as each party uses to protect its own confidential information in a like manner.
The parties shall not disclose confidential information to any third party (except that such
information may be disclosed to such party's attorneys), or to any employee of such party
who does not have a need to know such information, which need is related to performance of
a responsibility hereunder. However, this Agreement imposes no obligation upon the parties
with respect to confidential information which (a) was lawfully known to the receiving party
before receipt from the other, (b) is or becomes a matter of public knowledge through no fault
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 otherwise required to be disclosed by Public Records laws,
including, without limitation, Chapter 119, Florida Statutes. The confidentiality provision of
this Agreement shall remain in full force and effect after the termination of this Agreement.
12.7 DATA SECURITY OBLIGATION
Contractor shall maintain an appropriate level of data security for the personally identifiable
information (PII) Contractor is collecting or using in the performance of this Contract. PII is
12
information that can uniquely identify, contact, or locate a single person or can be used with
other sources to uniquely identify individuals. Contractor shall maintain and adhere to a
written Data Security Policy that addresses requirements regarding the protection of PII from
unauthorized access and protection against data breaches and ensures Contractor is in
compliance with applicable federal and state standards with respect to transmission, receipt
and storage of PII on Contractor's computing network and as paper records. This policy shall
address the topics of computer passwords, screensavers that lock computers, securing
physical facilities, storing data, data use, data confidentiality agreements, and staff training
related to the policy. Additionally, Contractor is responsible for approving and tracking all
Contractor employees who request system or information access and ensuring that user
access has been removed from all terminated employees of Contractor. All employees and
independent contractors performing work or duties related to this Contract will sign a Data
Confidentiality Agreement prior to beginning work related to this Contract. Contractor must
also abide by all requirements to protect client protected personally identifiable information
(PPII).
Contractor shall fully comply with the data security obligations set forth in the Children's Trust
Grant Agreement, at Section 0-12, entitled "Data Security Obligation."
12.8 CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Contractor understands that the City expects Contractor to meet any and all federal
standards under the Americans with Disabilities Act. Contractor must also implement
reasonable programmatic accommodations to include children with disabilities and their
families, whenever possible. Notwithstanding anything to the contrary, Contractor shall not
be required to make any alteration to any public school building or other building or structure
which is not owned by Contractor.
12.9 RESPONSIBILITY OF THE CONTRACTOR
With respect to the performance of the Services, the Contractor shall exercise that degree of
skill, care, efficiency and diligence normally exercised by recognized professionals with
respect to the performance of comparable services. In its performance of the Services, the
Contractor shall comply with all applicable laws, ordinances, and regulations of the City,
Miami-Dade County, the State of Florida, and the federal government, as applicable.
12.10 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the work and/or services described herein, and are intended or represented
for ownership by the City. Any re-use, distribution, or dissemination of same by Contractor,
other than to the City, must first be approved in writing by the City Manager, which
approval, if granted at all, shall be at the City Manager's sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to the
City, in perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of
the Contractor (or its employees or sub-contractors, if any) without the prior written consent
13
of the City Manager, which consent, if given at all, shall be at the Manager's sole and
absolute discretion.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
%
By: W'llll// ti _
R..fael . Granada .. •• .1 Q lei J"'my L. ova e
City Clerk C Man-.er
2- ZQ 1 � * . IrsRP ORATED:
Date •
FOR CONTRACTOR: - p ` CHOICES ET AL, INC.
ATTEST:
By:
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- i I Ai giirm-,4 • -€51 .44
Print Name/Title Print Name /Title /4‘
Date
Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
FOR FC TION
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City Attorney Dote
15
EXHIBIT "A"
"SCOPE OF SERVICES"
All Services related to this Agreement being provided to minor children or youth must be
administered in the presence of the minor's parent or legal guardian. Alternatively, the
Services may be provided in a safe, public space (e.g. the minor's school), but only if
approved in writing by the parent or legal guardian and the City.
Contractor staff must contact all clients referred to receive Services related to this Agreement
within two (2) business days.
Contractor staff must advise the City of the status of all referrals for Services related to this
Agreement within five (5) business days.
Contractor staff must contact client within two (2) business days of referral and inform the
City if clients are unresponsive no later than eight (8) business days after referrals are made.
Contractor staff must advise the City of any challenges to service delivery, including but not
limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling
challenges, immediately.
The Contractor agrees to provide the following services to youth enrolled in the City of Miami
Beach Success University program:
Service ! Units- • • Documentation of Service.
of
Service-
Care 25 Completion and execution of the following documents:
Coordination
Assessment & 1. Success University Assessment Form, with all
Plan documentation of service provided via the Samepage
Development software.
• 2. Attendance form signed by all attendees
3. Client Expectations Form
4. Parental Stress Scale (PSS): Pre-test
5. Strengths and Difficulties Questionnaire (SDQ): Parent/
guardian report pre-test
6. Strengths and Difficulties Questionnaire (SDQ): Self report
pre-test, only for youth ages 11 and up.
7. For a minimum of five clients and their families: Adult
Adolescent Parenting Inventory (AAPI): Pre-test
8. Issuance of preferred days and/or times that the family is
available for the Family Group Conferencing session
(inclusive of documentation of attendees and transportation
needs)
9. All documentation must be received by the City within 3
business days of client encounter.
Family Group , 74 Completion and execution of the following documents:
16
Conference
1. Family Group Conferencing Attendance Form
2. Family Group Conferencing Action Plan
3. Family Group Conferencing Confidentiality Agreement
4. Strengths & Concerns Form
5. Eco-Map
6. All documentation must be received by the City within 3
business days of client encounter.
7. Please note that all FGC documentation is to be uploaded
to Samepage
Care 25 Completion and execution of the following documents:
Coordination
Follow Up #1 1. Care Coordination Plan, including client(s) and staff
signatures with documentation of service provided via the
Samepage software
2. Care Coordination Progress Form
3. All documentation must be received by the City within 3
business days of client encounter.
Care 25 Completion and execution of the following documents:
Coordination
Follow Up #2 1. Updated Care Coordination Plan including staff signatures
and client signatures with documentation of service
provided via the Samepage software.
2. Care Coordination Progress Form
3. All documentation must be received by the City within 3
business days of client encounter.
Flexible Care 25 Completion and execution of the following documents:
Coordination
Plan Check-In 1. Updated Care Coordination Plan with documentation of
service provided via the Samepage software
2. Care Coordination Progress Form, signed by the Care
Coordinator
3. All documentation must be received by the City within 3
business days of client encounter.
Care 25 Completion and execution of the following documents:
Coordination
Close-Out 1. Updated Care Coordination Plan including client and staff
signatures with documentation of service provided via the
Samepage software
2. Care Coordination Progress Form
3. Program Evaluation Form completed by all clients
4. Parental Stress Scale (PSS): Post-test
5. Strengths and Difficulties Questionnaire (SDQ): Parent/
guardian report post-test
6. Strengths and Difficulties Questionnaire (SDQ): Self report
post-test, only for youth ages 11 and up.
7. For the five clients and their families completing the pre-test
version of the same: Adult Adolescent Parenting Inventory
17
(AAPI): Post-test
8. All documentation must be received by the City within 3
business days of client encounter.
Restorative 75 1. Restorative Justice informed written apology letter to
Justice parties who were harmed
Assessment 2. Restorative Justice informed recommendations for child
behavioral and academic success
3. All documentation must be received by the City within 3
business days of client encounter.
Restorative 40 1. Attendance form signed by all attendees. Each session
Justice Circle must take place on a different date, unless previously
approved by the City.
2. All documentation must be received by the City within 3
business days of client encounter.
Related Definitions:
Care Coordination Assessment & Plan Development—The Care Coordination Assessment
& Plan Development ("Assessment") documents the natural supports and needs of the client
and his/her family. The assessment forms must be completed accurately and completely and
subsequently submitted to the City within three (3) business days of client engagement. The
duration of the Assessment must be a minimum of 90 minutes.
Assessments must meet the following criteria:
• Information collected is documented completely and accurately in a typed format
• Adherence to grammar and spelling rules for the English language
• A sincere and thorough effort to understand the client, his/her family, and their
respective strengths and needs must be made and must be evident within service
documentation
• Effective engagement to ensure that the client and his/her family are informed
regarding program services and expectations as well as the means/process by
which to access additional services must be utilized
• Full, thorough, detailed explanation of the program, its timeline, what the client
and his/her family can expect, and Care Coordination must take place.
• All client and family questions must be answered completely
• All client and family needs must be identified and subsequently addressed via
inclusion in the Care Plan
• The factors impacting the primary concern (school attendance, risk of child
maltreatment, or prevention of youth violence) have been identified and
subsequently addressed via inclusion in the Care Plan
• All Care Coordination goals, steps, and timelines are identified
• Performance Measurement Tools are explained in detail to the client prior to their
completion of the documents
• Performance Measurement Tools are completed clearly, accurately, and in their
entirety
• Explanation of confidentiality and its limits, including the fact that Contractor staff
are mandated reporters
a The Contractor must document, meet with, and speak with both the target child
18
and primary parent/guardian, at minimum. Additional family members should be
included, as appropriate.
The Client Expectations Form must be completed, documenting that the client and his/her
parent understand their role and accept the limitations of the program.
Assessments must be completed within fifteen (15) business days of referral.
The Assessment includes the preferred days and/or times that the family is available for a
Family Group Conference and the documentation of all invited participants for the
conference. The appointment must be documented via the client Assessment Form.
Contractor must make a good faith effort to invite as many participants to the FGC as
possible.
Care Coordination Plan— The Care Coordination Plan embeds family referrals into a single
document. It includes the identification of a specific client need and the subsequent
identification of a programmatic or community-based resource and/or strategy to address the
need.
The Care Coordination Plan must address all service needs recognized in the intake and
assessment and must identify solutions for client-initiated requests — notably those that
influence the primary concern (school attendance, risk of child maltreatment, or prevention of
youth violence). The selection of an agency or service for inclusion in the Care Coordination
Plan must be done with the following client-focused interests in mind:
• Is the referral appropriate within the scope of Success University?
• Does the referral specifically address the need identified?
• Can the client be referred to services outside of partner(s) capabilities?
• Can the client access the services being sought via the referral, and did the
Contractor give detailed instruction on how to do so?
• Is the agency provided in the referral the most accessible and appropriate
provider for the services needed?
• Is the referral culturally appropriate?
• Is the receiving agency qualified to provide the quality services being sought?
• Does the client consent to receiving the referral?
These referrals must be documented using the Success University Assessment Form and via
Samepage software.
Family Group Conference — The family group conference expounds upon the information
obtained via the Assessment process to focus the natural assets available in and around the
child's support network to ensure school attendance, safe communities, supportive families,
and personal success as defined by the client and his/her family and friends. The duration of
the family group conference must be a minimum of two hours. The family group conference
should be provided in the family's language of choice, when reasonably possible.
The documentation, which is the product of the Family Group Conference, must meet the
following criteria, at minimum:
• Information collected is documented completely and accurately in a typed format
• Adherence to grammar and spelling rules for the English language
• At least three (3) goals identified in the Action Plan
19
• At least twelve (12) strengths have been identified for the child
• At least three (3) strengths have been identified for the family
• The Contractor must document, meet with, and speak with both the target child
and primary parent/guardian, at minimum. Additional family members should be
included, as appropriate.
Care Coordination Follow-Up Services — The care coordination plan outlines the specific
strategies and steps to be taken by the child and his/her family members to address school
attendance, the risk of child maltreatment, the prevention of youth violence, personal and
family stability, and any other needs and concerns. The plan identifies the issues to be
addressed and the respective community-based agencies, natural supports, or general
resources that will be harnessed in response.
The purpose of Care Coordination Follow-Up Services is to ensure the clients are adhering to
the care coordination plan and that staff is making edits to the care coordination plan as
needed and appropriate. During the meeting, the Contractor will review and discuss with the
clients each item listed on the Care Plan individually and both parties will agree to its terms
collectively. Shared decision-making is the crux of this document; as such, the Contractor
and client may jointly request changes to the care coordination plan, which subsequently
must be approved by the City.
Care Coordination Follow-Up Services are conducted in person with, at a minimum, the
primary client and one parent or legal guardian present. The service must meet the following
criteria, at minimum:
• Information collected is documented completely and accurately in a typed format
• Adherence to grammar and spelling rules for the English language
• Detailed review of the entire Care Coordination Plan
• Progress on each item is reviewed and documented
• All client questions are answered in detail
• Detailed direction on how to access each item included on the Care Plan is
provided (e.g., call for an appointment, address, public transit info, etc.)
• The identification of any additional needs or issues was discussed and, when
appropriate, new referrals were subsequently issued
• The Contractor must document, meet with, and speak with both the target child
and primary parent/guardian, at minimum. Additional family members should be
included, as appropriate.
The first Care Coordination Follow Up is to take place within the following timeframe:
• Within fourteen to twenty-one (14 to 21) calendar days of the Assessment
The second Care Coordination Follow Up is to take place within the following timeframe:
• Within thirty-five to forty-two (35 to 42) calendar days of the first Care
Coordination Follow-Up
Care Coordination Follow-Up Service meetings must be a minimum of 60 minutes in
duration.
Care Coordination Plan Flexible Check-In— The Care Coordination Plan Flexible Check-In
is to be utilized for clients who have not yet met 50% of their Care Coordination Plan goals at
the completion of the first Care Coordination Follow-Up.. Clients receiving Care Coordination
Plan Check-In services should present ongoing challenges to the satisfaction of their goals.
20
The use of a Care Coordination Plan Flexible Check-In should be triggered by client need
and must be justified in writing. Notification for this can be done through email to the current
program coordinators.
A Care Coordination Plan Flexible Check-In provides an opportunity to monitor the client's
progress towards the goals identified via the Care Coordination Plan as well as to identify any
new concerns or issues that require action. In addition, a status update on child attendance,
risk of child maltreatment, and/or prevention of youth violence must be included, as
appropriate.
A care coordination plan check-in is, at minimum, 20 minutes in length and is conducted in
person or by phone. The service must meet the following criteria, at minimum:
• Information collected is documented completely and accurately in a typed format
• Adherence to grammar and spelling rules for the English language
• Progress on child attendance, risk of child maltreatment, and/or prevention of
youth violence is reviewed and documented
• Progress on the Care Coordination Plan is reviewed and documented
• The identification of any additional needs or issues affecting school attendance,
risk of maltreatment, or prevention of youth violence are discussed and, when
appropriate, referrals are subsequently issued
• The Contractor must document and speak with both the target child and primary
parent/guardian, at a minimum. Additional family members should be included, as
appropriate.
Care Coordination Plan Close-Out—The Care Coordination Plan Close-Out documents the
client's successful completion of a minimum of 75% of the goals included in their care
coordination plan. Failure to complete 75% of the items included in the care plan should
trigger a referral to an alternate program or exploration of alternate service strategies for the
client.
A Care Coordination Plan Close-Out is conducted in person with both the child/youth client
and the client's parent/guardian and is, at minimum, 60 minutes in length. The service must
meet the following criteria, at minimum:
• Information collected is documented completely and accurately in a typed format
• Adherence to grammar and spelling rules for the English language
• Progress on child attendance, risk of child maltreatment, and/or prevention of
youth violence is reviewed and documented
• 75% completion of the Care Coordination Plan is reviewed and documented
• If there are any items included in the care coordination plan that were not
completed, thorough explanation must be made and documented. Contractor
must show evidence of attempts to assist the client in satisfaction of all incomplete
goals, e.g. by implementing new referrals and/or strategies.
• Completion of the Program Evaluation Form by every client
• Performance Measurement Tools are explained in detail to the client prior to their
completion
• Performance Measurement Tools are completed clearly, accurately, and in their
entirety
• The Contractor must document, meet with, and speak with both the target child
and primary parent/guardian, at minimum. Additional family members should be
included, as appropriate.
21
Performance Measurement Tools: Performance Measurement Tools are used to document
and monitor client progress. It is important that clients understand there is no right or wrong
answer and that they are as honest as possible when completing the tools. The Contractor
must afford clients as much time as they need to complete the tools. The Contractor will
advise clients of the name of the tool they are completing and its purpose and will then
instruct the client to complete the tool on their own accord. The Contractor is not to provide
any coaching or guidance that may influence the client's answer selection. If the
parent/guardian is unable to read or if the tools are not provided in the client's primary
language, then the Contractor may read the questions and answers aloud verbatim from the
tools and subsequently record the client's selection. Client refusal to complete performance
Measurement Tools must be well-documented in writing and must include thorough
explanation of the reason for refusal and must document attempts made by the Contractor to
accommodate the client and encourage the completion of the tools.
• Parental Stress Scale (PSS): The PSS questionnaire is used to determine how
much stress parents are experiencing. The Contractor must administer the
questionnaire pre-test at the time of the Care Coordination Assessment. The
Contractor is required to administer the questionnaire post-test during the Care Plan
Close-Out meeting. Contractor must administer the PSS to all clients.
• Strengths and Difficulties Questionnaire (SDQ) Parent/Guardian Report: The
SDQ Parent/Guardian report questionnaire is a brief behavioral screening completed
by the child's parent or guardian that asks about 25 attributes, some positive and
others negative. The Contractor must administer the questionnaire pre-test at the time
of the Care Coordination Assessment. The Contractor is required to administer the
questionnaire post-test during the Care Plan Close-Out meeting. Contractor must
administer the SDQ parent/guardian report to all clients.
• Strengths and Difficulties Questionnaire (SDQ) Self-Report The SDQ Self-report
questionnaire is a brief behavioral screening completed by youths ages 11 — 18 that
asks about 25 attributes, some positive and others negative. The Contractor must
administer the questionnaire pre-test at the time of the Care Coordination
Assessment. The Contractor is required to administer the questionnaire post-test
during the Care Plan Close-Out meeting. Contractor must administer the SDQ Self-
Report to all youth ages 11 — 18.
• Adult Adolescent Parenting Inventory (AAPI): The AAPI questionnaire is a
parenting skills screening completed by the child's parent or guardian. The Contractor
must administer the questionnaire pre-test at the time of the Care Coordination
Assessment. The Contractor is required to administer the questionnaire post-test
during the Care Plan Close-Out meeting. Contractor must administer the AAPI to 10%
of its clients.
Restorative Justice Assessment — The Restorative Justice Assessment is completed by
the Contractor's staff in accordance with their policies and procedures. The Restorative
Justice Assessment is documented by the full and accurate completion of the Attendance
Form including signature of the identified client(s) receiving the service and Facilitator
providing the service.
22
Restorative Justice Circle—The Restorative Justice Circle is completed by the Contractor's
staff in accordance with their policies and procedures. The Restorative Justice Circle is
documented by the full and accurate completion of the Attendance Form including signature
of the identified client(s) receiving the service and Facilitator providing the service and is, at
minimum, 60 minutes in length.
Should the Contractor encounter challenges in meeting the below stated service
deliverables within the required timeframes, the Contractor may request an extension.
The approval below and duration of all extensions are at the sole discretion of the City.
If the Contractor is unable to satisfy deliverables within the required timeframes, the
City reserves the right to conduct said services or assign said services to an alternate
vendor at its sole discretion.
Services must be provided in accordance with the timeline below and in response to
client needs. If the Contractor is found to be providing services primarily during the
second half of any calendar month, the City reserves the right to request
documentation to explain the delay in service provision.
Service Deliverables
Se rvices must be delivered as follows:
Service Unit of Service j Service Timeframe
Location
Care 1 for each of up Client Home ' All eligible Assessments will be
Coordination to 25 completed within fifteen (15) calendar
Assessment & children/families days of referral receipt. Contractor
Plan must make initial contact with the client
Development I within 3 business days of referral and
must report the results of the contact
initiation to the City. Should the
Contractor encounter challenges in
meeting the service deliverables within
the required timeframes, the
Contractor may request an extension.
The approval and duration of all
extensions are at the sole discretion of
the City.
Care 1 for each of up Client Home All eligible Care Coordination Plan
Coordination to 25 Follow-Up #1 sessions will be
Plan Follow-Up children/families completed between fourteen (14) and
#1 twenty-one (21) calendar days of
submission of Care Coordination
Assessment. Should the Contractor
encounter challenges in meeting the
service deliverables within the required
timeframes, the Contractor may
request an extension. The approval
and duration of all extensions are at
the sole discretion of the City.
Care 1 for each of up Client Home All eligible Care Coordination Plan
Coordination to 25 I Follow-Up #2 sessions will be
23
Plan Follow-Up children/families I completed between thirty-five (35) and
#2 forty-two (42) calendar days of
submission of Care Coordination
Assessment. Should the Contractor
encounter challenges in meeting the
service deliverables within the required
timeframes, the Contractor may
request an extension. The approval
and duration of all extensions are at
the sole discretion of the City.
Flexible Care Up to 25 total Client Home Flexible Care Coordination Plan
Coordination or Phone Check-Ins will be completed, as
Plan Check-In Conversation triggered by the City and/or agency
head and the need, within twenty-one
(21) calendar days of preceding Care
Coordination session. Should the
Contractor encounter challenges in
meeting the service deliverables within
the required timeframes, the
Contractor may request an extension.
The approval and duration of all
extensions are at the sole discretion of
the City.
Care 1 for each of up Client Home 1 All Care Coordination Plan Close-Outs
Coordination to 25 will be completed between five (5) and
Plan Close-Out children/families fourteen (14) calendar days of
preceding Care Coordination session.
Should the Contractor encounter
challenges in meeting the service
deliverables within the required
timeframes, the Contractor may
request an extension. The approval
and duration of all extensions are at
the sole discretion of the City.
Family Group 1 for each of up City of Miami All eligible Family Group Conferences
Conference to 74 families Beach will be completed within twenty-one
j (21) calendar days of referral
Restorative 1 for each of up City of Miami All eligible Restorative Justice
Justice to 75 Beach or Assessments will be completed within
Assessment children/families Client's three (3) business days of receipt of
School referral.
Restorative 40 City of Miami j Restorative Justice Circles will be
Justice Circle Beach completed in conjunction with the Step
Up program activity on an ad hoc
basis.
24
Service Documentation
Services will be deemed as provided when the following documentation is provided within the
noted timeframes:
Service ! 'Documentation Submission Deadline
Care Coordination • Assessment Form; Three (3) business days
Assessment & •Attendance Form; from provision of service
Plan Development •Client Expectations Form;
•Performance Measurement Tools (PSS,
SDQ Self-Report, SDQ Parent Report, &
AAPI)
•Referral process documentation for
identified client (For referrals within and/or
outside of the service partnership.)
Care Coordination • Updated Care Coordination Plan Three (3) business days
Plan Follow-Up #1 • Care Coordination Progress Form from provision of service
•Referral process documentation for
identified client (For referrals within and/or
outside of the service partnership.)
Care Coordination • Updated Care Coordination Plan Three (3) business days
Plan Follow-Up #2 ! • Care Coordination Progress Form from provision of service
•Referral process documentation for
identified client (For referrals within and/or
outside of the service partnership.)
Flexible Care • Updated Care Coordination Plan Three (3) business days
Coordination Plan • Care Coordination Progress Form from provision of service
Check-In • \Referral process documentation for
identified client (For referrals within and/or
outside of the service partnership.)
Care Coordination • Updated Care Coordination Plan Three (3) business days
Plan Close-Out • Care Coordination Progress Form from provision of service
• Program Evaluation Form completed by
all clients
•Performance Measurement Tools (PSS,
SDQ Self-Report, SDQ Parent Report, &
AAPI)
•Referral process documentation for
identified client (For referrals within and/or
outside of the service partnership.)
Family Group • FGC Action Plan Form signed by all Three (3) business days
Conference responsible parties from provision of service
• FGC Strength/Concerns Form
• FGC Eco-Map Form
•FGC Confidentiality Agreement signed by
all in attendance
• Attendance Form signed by all in
attendance
• Service Evaluation Form completed by all
in attendance
25
Referral process documentation for
identified client (For referrals within and/or
outside of the service partnership.)
Restorative Justice Attendance Form Three (3) business days
Assessment -Referral process documentation for from provision of service
identified client (For referrals within and/or
outside of the service partnership.)
Restorative Justice • Attendance Form Three (3) business days
Circle -Referral process documentation for from provision of service
identified client (For referrals within and/or
outside of the service partnership.)
Notification Emails should be sent if documents are to be submitted via Samepage.
Notification Emails should be encrypted if documentation cannot be submitted via
Samepage. (ONLY if Contractor is able to encrypt emails for the protection of client
information)
Please refer to Attachment C, Care Coordination Timeline of Services, for additional
information.
Penalties for Failure to Perform
If the Contractor fails, on two occasions, to submit required, accurate documentation in the
timeframe allotted, including the absence of notification email, the Contractor will forfeit two
(2%) percent of the combined billed total for the months in which inaccuracies took place.
Documents submitted within the required timeframe and found to be insufficient are subject
to penalties for failure to perform.
If the Contractor fails, on three occasions, to submit required, accurate documentation in the
timeframe allotted within the contract Term, the Contractor is subject to the termination of any
further service referrals, but Contractor will be allowed to complete the service units allotted
to existing clients. The decision to cease additional referrals rests in the sole discretion of the
City.
"Required, accurate documentation" may refer to:
• Monthly invoices
• Monthly narratives
• Monthly client lists
•
• Monthly in-kind hours, Contributions, and/or Leverage
• Client Assessments
• Service documentation of any kind, including sign-in sheets
• Family Group Conference documents
• Any documents associated with Care Coordination, including care coordination plan
forms, care coordination progress forms, care plan close out forms, Attendance
forms, Service Evaluation forms, or any other documentation required by this
Agreement.
• Performance Measurement Tools
• Notification Emails
• Any document required by this Agreement
• 26
If any individual employed by or independently contracted with the Contractor fails, on more
than one occasion, to attend a scheduled client meeting without notifying the City of an
impending absence, the City reserves the right to remove that individual from the
Contractor's staff roster for the purposes of this Contract.
If the Contractor is unable to fulfill the contracted service level within the allocated timeframe
for each service component, the City reserves the right to reduce service levels accordingly
across the funded service spectrum and terminate this Agreement at its discretion.
If the Contractor is unable to fulfill the contracted service level and the City subsequently
reduces service and funding levels, the City reserves the right to select another vendor to
fulfill the remaining service units. The City will select the alternate vendor at its sole
discretion.
Engagement Strategies
The Contractor will adhere to the following engagement strategies in the delivery of Care
Coordination services:
• Advise the client and his/her parents and/or guardians of the times and dates
available for Family Group Conference at the time of the Assessment.
• Provide client and his/her parents and/or guardians information regarding the
importance of adhering to school attendance policies, if applicable.
• Provide client and his/her parents and/or guardians information regarding the Care
Coordination process and all other available services.
• Reintroduce the services available through the Program at each client interaction.
• Document every interaction with or on behalf of client.
Employee/ Contractor File Review
The following documentation must be included in the employee/contractor file for all
employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening
• National FBI Background Criminal Screening (Level 2)
• Affidavit of Good Moral Character
• Proof of Knowledge of Policies & Procedures
• Confidentiality Agreement Re: Client Information
• Authorized time sheets, records, and attendance sheets to document the staff time
billed to provide Services pursuant to this Agreement
• Daily activity logs and monthly calendars of the provision of Services pursuant to this
Agreement
• Documentation of Contractor Training/In-Service Training
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• Documentation of City-provided trainings
• Documentation of attendance at one The Advocacy Network on Disabilities/CCDH
training
• 1-9 Verification on File
Monitoring visits shall take place within thirty (30) calendar days of the commencement of
services. The City will notify the Contractor a minimum of two (2) business days' notice prior
to a monitoring visit.
The City reserves the right to inspect employee/contractor files, with due notice of at least
two (2) business days in advance of planned site visit, to ensure adherence to contractual
expectations as well as to ensure pre-screening prior to a monitoring visit by The Children's
Trust.
Evaluation
In the continuing effort to ensure programming excellence, clients will be provided with
evaluation forms at the end of each programming component to gauge their satisfaction with
services provided. At a minimum, the Contractor must obtain evaluation forms from the
primary child client and the parent/guardian. The evaluation forms will be provided by the City
and must be administered at the following times:
• Completion of Family Group Conference
• Completion of Care Plan Close-Out (program evaluation form)
The City will conduct intermittent performance evaluations for the purpose of monitoring the
Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice
and at its sole discretion.
Reporting Requirements
Each month, the Contractor will provide the City with a monthly progress report, client list,
and reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit
B) by 5:00 PM on the fifth (51h) of the following month. The client list detailing the dates,
services provided, and clients receiving said services must be included. If in-kind hours are
submitted, back-up documentation stating same must be included. In the event that the third
of the month lands on a Saturday, Sunday or holiday, the report must be submitted the
following business day. Reports are due to the City on the following dates:
• Monday, September 5, 2016 Monday, March 6, 2017
• Wednesday, October 7, 2016 • Wednesday, April 5, 2017
• Monday, November 7, 2016 • Friday, May 5, 2017
• Monday, December 5, 2016 • Monday, June 5, 2017
• Thursday, January 5, 2017 • Wednesday, July 5, 2017
• Monday, February 6, 2017 • Monday, August 7, 2017
Monthly reports and reimbursement requests may be submitted via any of the following
methods:
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• Electronic mail
• Facsimile
• Standard mail
• Hand delivery -
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (service documentation, sign-in sheets,
etc.)
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Contractor
The City will document Contractor service level data and monthly reports via Active Strategy
software for inclusion in the monthly report to the Miami Beach Service Partnership
Governing Board as well as the City's website.
Miami Beach Service Partnership Meeting Attendance
The Contractor is required to have representation at each calendared Miami Beach Service
Partnership Governing Board meeting. Meetings will be held by means of telephone
conference via "Go To Meeting". Two mandatory in-person meetings will be held throughout
the contract year.
If the Contractor fails to have representation at the two in-person meetings, the City reserves
the right to reduce contracted service levels at its sole discretion.
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure
contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of client, budgetary and employee files (for those employees
providing services under this Agreement)
The monitoring tool provided by The Children's Trust, On-Site Monitoring Tool, will be used to
guide inspections and monitoring visits. (Copy included herein.)
Monitoring visits will take place within thirty (30) calendar days of the commencement of
services. The City will notify the Contractor a minimum of two (2) business days' notice prior
to a monitoring visit.
Partner Performance Ratings
The Contractor agrees that its partner performance rating, the score awarded for
performance on the following measures, will be posted on the City's website on a bi-annual
basis:
• Timely and accurate submission of monthly progress report
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o Timely and accurate submissions of monthly financial reports (reimbursement
requests)
o Delivery of contracted service units
o Promotion of the Miami Beach Service Partnership
o Attendance at Miami Beach Service Partnership Governing Board and related
committee(s) meetings
Ratings will be given for each performance measure based on the following:
Performance,Measure I Rating Rationale & Score
Timely and accurate submission of Monthly > "0" for failing to submit on time
Service Summary Report > "10"for submitting on time
Timely and accurate submissions of ➢ "0" for failing to submit accurate report with
monthly financial reports (Monthly back-up material on time
Reimbursement Request) > "10" for submitting accurate report on time
Delivery of contracted service units Possible score of 0 to 25 based upon
completion of projected service units. Score is
calculated by dividing the completed number of
service units by the total number of referred
service units.
Timely and complete document submission Possible score of 0 to 20 based upon timely
and complete submission of service
documentation. Score is calculated by dividing
the number of service units submitted timely
and satisfactorily by the total number of service
units completed.
Attendance at Miami Beach Service Possible score of 0 to 10:
Partnership and related committee(s) 10 Points for attendance at Miami Beach
meetings Service Partnership meetings; 10 points for
Committee attendance (In the event that there
are no committee meetings scheduled, the
value for attendance at the Miami Beach
Service Partnership meeting will be 20.)
Issuance of Referrals Possible score of 0 to 25:
25 Points for issuing appropriate referrals
through the care coordination plan/process.
Promotion & Public Relations Requirements
The Contractor agrees to receive Success University Program Brochures and make them
available to clients during all in-person client interactions.
The Contractor agrees to link its website to the City's Success University webpage. Such link
must be in place prior to the execution of this contract.
The Contractor agrees to indicate its membership in the Partnership in all self-produced
marketing materials that are produced for the benefit of youth and families.
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Training Requirements
Personnel providing services under in this Contract will be required to complete the following
trainings prior to service provision, as delineated below:
Care Coordination Services: City provided ❑ Program Overview Training
trainings ❑ Care Coordination Training
❑ Engagement Training
❑ Samepage Software Training
Care Coordination Services: Additional ❑ Family Group Conference Observation
required trainings ❑ CCDH Disability awareness training
❑ DCF Abuse & Neglect Online Training
❑ Quarterly Staff Development Trainings:
Family Group Conferencing Services ❑ Program Overview Training
The total training time required under"Care Coordination Services: City provided trainings" is
two (2) business days.
Contractor acknowledges all Care Coordinators must pass a written examination prior to
initiating service provision.
Contractor agrees to allow the City to audit each Contractor staff member during the
provision of Care Coordination services for the purposes of maintaining fidelity. City audit
may take place by the third service provision by each Contractor staff member.
The Contractor agrees to send at least one representative to attend a City-sponsored grant
writing workshop by July 31, 2017. Alternately, the Contractor may submit documentation
indicating at least one member of its staff has attended another Grant Writing training in the
same period of time.
The Contractor agrees to send its Miami Beach Service Partnership Meeting representative
to a City-sponsored member refresher training before services are started for the 2016-2017
contract year..
In the event that any Contractor staff member does not satisfy the above training
requirements or if any Care Coordinator does not attend one or more of the required City
provided or Quarterly Staff Development trainings, the City, at its sole discretion, reserves the
right to remove the staff member from the Contractor's roster for the purposes of this
Agreement.
Client Termination
Care Coordinators must notify the Program Coordinator of client inactivity. If the Care
Coordinator has not been able to reach a client, they must notify the Program Coordinator by
the eighth (8) calendar day.
Contractor's Staff Roster
Contractor will provide the City with following information for each individual employed by or
independently contracted with the Contractor to conduct services related to this Agreement:
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• Name
• Resume
• Credentials, to include degrees and licenses, as required by position
• Phone number
• E-mail address
• Days and times available for service provision (minimum of three weeknight or
weekend shifts available per week)
• Language Skills (minimum of one bilingual staff member required per every 10
contractually required clients)
• Total number of hours per week each staff member is able to commit
• Name of Supervisor and total number of hours per week committed to
supervision/staffing in support of activities related to this Agreement.
Contractor agrees to adhere to screening staff and contracted employees for minimum
requirements appropriate to positions related to this Agreement and in accordance with
• Contractor's policies and procedures.
Contractor's staff members are required to wear identification while conducting services.
Contractor's employees and independent contractors providing Mental Health services and/or
Counseling Sessions must meet the following criteria, at minimum:
• A minimum of an earned master's degree from a mental health counseling program or
a program in a closely related field that is CACREP and/or regionally accredited
• Licensed as Registered Mental Health Counselor Intern or higher in the State of
Florida
• Obtained a mental health counselor qualified supervisor
Switchboard of Miami Registration
Contractor agency will register with Switchboard of Miami to ensure that agency information
is accurate and updated. This contractual obligation is directed by The Children's Trust.
Agency registration can be done at the following website: www.switchboardmiami.orq
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of most recent financial audit
• Copy of required business licenses and permits
• List of all members of Contractor's Board of Directors, if applicable
• Contractor's Board of Directors by-laws, if applicable
• Conflict of Interest policy
• Agency 990 Form
• Agency W-9 Form
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EXHIBIT "B"
INVOICING
The Contractor agrees to provide the invoicing and services documentation as indicated
utilizing the following forms attached herein:
• Monthly Service Summary Report, and
• Monthly Reimbursement Request
• Monthly Client Status List
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EXHIBIT "C"
ATTACHMENTS
The following reference documents are attached:
• The Children's Trust Grant Agreement
• Care Coordination Timeline of Services
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