Loading...
Contract No. 1921-1090 with the Children's Trust CONTRACT NO. 1921-1090 BETWEEN THE CHILDREN'S TRUST AND City of Miami Beach FOR Place-based/Countywide Community Partnerships Agency address: 1700 Convention Center Drive Miami Beach, FL 33139 Agency federal identification number: 59-6000372 Vendor identification number. CITY0109 Effective term: 8/1/2018 through 7/31/2019 Funding amount shall not exceed: 8400.000.00 Required match amount(if applicable): $100,000.00 Board resolution number: ,2018-64 Agency's authorized official for notices City Clerk Agency's custodian of public records (applicable if City Clerk Agency is subject to Chapter 119, Florida Statutes): THIS CONTRACT is between The Children's Trust, whose address is 3150 SW 3rd Avenue, 8th Floor, Miami, FL 33129, and City of Miami Beach, hereafter referred to as "Provider," whose address is listed above. In consideration of the mutual covenants herein, The Children's Trust and Provider (hereafter collectively referred to as "Parties") agree as follows: This Contract is subject to funding availability and Provider's performance. A. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with Provider's authorization. Contract renewals will be contingent on board approval and in accordance with applicable solicitation documents for services provided. Such renewal may not exceed five (5) terms. The Children's Trust's determination to renewing Provider's Contract will include, but is not limited to, consideration of the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded in the community. 3. Provider's satisfactory program performance, fiscal performance, and compliance with the terms of the Contract, as determined by The Children's Trust in its sole discretion. 4. Availability of funds. B. SCOPE OF SERVICES All Providers 1. Provider agrees to render services in accordance with Attachment A: Scope of Services (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. School-based Health Providers only In addition to the three requirements above, the school-based health providers must abide by the following: 4. Based upon the referral process, the services under this Contract shall be available to all students at the designated school sites regardless of financial status or social/economic background. Provider is responsible for the clinical supervision of all direct staff. 5. Provider is solely responsible for securing compliance with any applicable state and federally mandated requirements for consents for health services, including medical treatment, and compliance with notification of privacy practices. Provider shall secure parental consent for health services. All consents for treatment shall specifically state that all treatment is being rendered by Provider and not by The Children's Trust. 6. Provider shall comply with applicable state and federal laws and Miami-Dade County Public Schools (M-DCPS) policies and regulations relating to the confidentiality of student records and information. Provider assures it shall provide the parents, or the student who is beyond the age of eighteen (18), the right of access to medical records, as specified in section 228.093, Florida Statutes, and Rule 6A-1.0955, F.A.C. 7. Upon request from the Florida Department of Health, Provider shall provide evidence of appropriate credentials and/or licenses of all direct staff assigned to the schools. 8. Where applicable, Provider shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as, all regulations promulgated thereunder(45 CFR Parts 160,162, and 164). Provider may apply for Medicaid reimbursement, third party billing or any type of reimbursement available to patients. Provider is solely responsible for compliance with, and adherence to, all state and federal laws and regulations for health care related services, including, but not limited to, privacy and confidentiality. C. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed the amount stated above. Provider agrees that should available funding to The Children's Trust be reduced, the amount payable under this Contract may be proportionately reduced at the sole option of The Children's Trust with a proportional reduction in services. Provider agrees to adhere to Attachment B: Budget, Invoices, Method of Payment and Other Fiscal Requirements, of this Contract. D. 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 $1,000.00 or greater which have a life expectancy of more than one (1) year. All capital equipment acquired by Provider valued at less than $10,000.00 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, in its sole discretion, acquire rights and possession of all reimbursed capital equipment that is not fully depreciated. All capital equipment acquired by Provider valued as equal to or greater than $10,000.00 and reimbursed by The Children's Trust shall be capitalized by The Children's Trust, and The Children's Trust shall retain all rights to that equipment until the item is fully depreciated. Should this Contract be subject to termination or early cancellation, The Children's Trust may, in its sole discretion, 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: Insurance Requirements 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. At the time that a subcontractor agreement is entered into and Services are rendered, Provider and subcontractor must be qualified to conduct business in the state of Florida. In any subcontract, Provider shall incorporate 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 (thirty) calendar days of its execution. Subcontractors are only entitled to reimbursement for services rendered upon receipt of executed subcontracts. 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 the Contract, the 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. Provider, not The Children's Trust, shall be solely liable to any subcontractor and for all expenses or liabilities incurred under any subcontract. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. 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. In such instances, 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. 5. Religious Purposes Provider and/or its faith-based community partner 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 documents to maintain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the Contract and any such renewals thereof. Provider further agrees to maintain a current listing of its agency, program(s) and site(s) in the HELPPages resource directory available online and used by 211, Miami-Dade County's health and human services information and referral helpline, managed by Jewish Community Services of South Florida, Inc. E. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations of section 768.28, Florida Statutes, Provider shall indemnify, defend, and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney 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. Additionally, 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 fees which may issue thereon, subject to the limitations of section 768.28, Florida Statutes. 2. All Other Providers Provider shall indemnify, defend and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorney 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 resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors, except matters arising from The Children's Trust's negligence, willful or wanton acts or omissions. 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 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 and agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. F. INTELLECTUAL PROPERTY AND RIGHT TO DEVELOPED MATERIALS Where activities supported by this Contract produce original software designs or methods or techniques, writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature (hereinafter "developed materials"), legal title and every right, interest, claim or demand of any kind in and to any copyright, trademark or patent, or application for the same, in such developed materials will vest in Provider. Notwithstanding the foregoing, Provider agrees to grant The Children's Trust a perpetual license, at no cost to The Children's Trust, to reasonably use, duplicate and/or disclose such developed materials, in whole or in part, to others acting on behalf of The Children's Trust, and other providers funded by The Children's Trust, provided that such use, duplication, or disclosure does not compromise the validity of any developed materials or any copyright, trademark or patent rights thereto. Such license shall not extend to scientific publications. In the event of a dispute, both parties agree to go meditation to resolve the matter. G. PUBLIC RECORDS For purposes of this section, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received, pursuant to law or ordinance or in connection with the transaction of The Children's Trust official business. This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Pursuant to section 119.0701, Florida Statutes, if the Provider meets the definition of "Contractor" as defined in Section 119.071(1)(a), the Provider and The Trust shall: 1. Keep and maintain public records required by The Children's Trust to perform the services under this Contract. 2. Upon request from The Children's Trust's custodian of public records, provide The Children's Trust 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 Contract if the Provider does not transfer the records to The Children's Trust. 4. Upon completion of the Contract, transfer, at no cost, to The Children's Trust all public records in possession of Provider or keep and maintain public records required by The Children's Trust to perform the service. If Provider transfers all public records to The Children's Trust upon completion of the contract, Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Provider keeps and maintains public records upon completion of the contract, Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to The Children's Trust, upon request from The Children's Trust's custodian of public records, in a format that is compatible with The Children's Trust's information technology systems. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305.571.5700 EXT. 292, MURIEL.JEANTY@THECHILDRENSTRUST.ORG 3150 SW 3RD AVENUE, 8TH FLOOR, MIAMI, FLORIDA, 33129. In the event Provider does not comply with the public records disclosure requirements set forth in section 119.0701, Florida Statutes, and Section G of this Contract, The Children's Trust shall avail itself of the remedies set forth in Sections 1: Breach of Contract and Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida Statutes. H. INTELLECTUAL PROPERTY LICENSING FEES AND COSTS 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. 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's 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 Services & Activities Management System (SAMIS) disbursement requests or advance funding disbursements; or, fails to submit, or submits incomplete or incorrect, detailed reports of requests for payment, expenditures or final expenditure reports, including, but not limited to, budgets, invoices and amendments in SAMIS. h. Does not submit, or submits incomplete or incorrect, required reports pursuant to the Scope of Services, Attachment A, 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 site visit/observation, 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 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: Records, Reports, Audits and Monitoring and Attachment D: Program- Specific Audit Requirements 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) calendar days after Provider's fiscal year end. r. Fails to notify The Children's Trust within thirty (30) calendar days of nonpayment of payroll or other required taxes imposed by the federal government, state of Florida, Miami-Dade County or other authorized taxing entity. 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) calendar 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 (PIP), Attachment F, if applicable, 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 and specifying its effective date, at least five (5) 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 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 (5) business days before the effective date of such suspension. In this 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 suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension, including reasonable attorney 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 and reports prepared and secured by Provider with Trust funds under this Contract, subject to the rights of Provider as provided for in Sections F: Intellectual Property and Rights to Developed Materials and H: Intellectual Property Licensing Fees and Costs; (h) 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 (5) 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 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 fees, costs and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorney fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of Section H: Intellectual Property Licensing Fees and Costs shall survive the expiration or termination of this Contract. J. TERMINATION OF THE CONTRACT 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. Notwithstanding any other provision in this Contract, in the event The Children's Trust determines that Provider engaged in fraud, misrepresentation or material misstatement, or that it is in the best interest of The Children's Trust to terminate this Contract, The Children's Trust may do so by giving written notice to Provider of such termination and specifying the effective date thereof at least twenty-four(24) hours before the effective date of termination. K. INSURANCE REQUIREMENTS All Providers, Except State Agencies or Subdivisions 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: a. 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 b. A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as required by Florida law for government entities. Failure by Provider to comply with Section K shall be a material breach of this Contract. The Children's Trust will not disburse any funds under this Contract until all required certificates of insurance or letter(s) of self-insurance have been provided to and have been approved by The Children's Trust. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. workers' compensation insurance covering all employees, non-incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have workers' compensation coverage or a valid state of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. In the event that the Provider is no longer exempt from obtaining workers' 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 a minimum of $500,000.00/$500,000.00/$500,000.00. 2. Comprehensive general liability insurance, which shall include a rider or separate policy for sexual molestation liability, in an amount not less than $500,000.00 combined single limit per occurrence and $1,000,000.00 aggregate in a policy year. 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 endorsement for premises, only operations d. No exclusions for abuse, molestation or corporal punishment 3. Automobile liability coverage for all owned and/or leased vehicles of Provider, and non-owned coverage for its employees and/or subcontractors and transportation companies transporting program participants. The amount of coverage is $1,000,000.00 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 respect 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 its employees and/or subcontractors not transporting program participants. The minimum amount of coverage is $300,000.00 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 Its Interests May Appear" with respect 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 Its Interests 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 $250,000.00 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. 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. 7. Proof of property coverage is required for all capital equipment greater than or equal to$10,000.00, 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, 8. All required coverages may be afforded via commercial insurance, self-insurance, a captive or some combination thereof. Insurance Requirements for State Agencies and Subdivisions As an agency or political subdivision of the State of Florida, Provider agrees it is subject to the express provisions and limitations of section 768.28, Florida Statutes. Certificate Holder Certificate holder must read: The Children's Trust 3150 5W 3rd Avenue, 8th Floor Miami, FL 33129 Classification and Rating If the coverage will be provided via commercial insurance, all required policies listed above shall be issued by companies authorized to do business under the laws of the state of Florida, with the following qualifications: 1. 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. 2. 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) calendar days prior to the effective date of making any material changes to the insurance coverage except for 10 (ten) calendar 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. 3. 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 must be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification, 4. In the event that an insurance policy is canceled, lapses or expires during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new certificate of insurance, as required under this Contract, 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. Provider shall submit the required certificate of insurance within thirty (30) calendar days of cancellation, lapse or expiration. Failure to provide said certificate of insurance will be considered a material breach of the Contract, which may result in The Children's Trust waiving payment or terminating the Contract. 5. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may he required from time to time under applicable federal or state laws or The Children's Trust's 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: 1. An Internal Revenue Service(IRS) tax status determination letter, if applicable. 2. The two (2) most recent IRS form 990 or applicable tax return filing within six (6) months of the end of Provider's fiscal year or other appropriate filing period permitted by law. 3. IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit form 941 within the timeframe established by IRS Publication 15, and if applicable, all 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 addressee via electronic mail or postal mail 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. Notices to Provider shall be marked to the authorized official identified on page 1 of this contract. 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 law. 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 (5) 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) calendar days from the close of its fiscal year, Provider's independent certified public accounting firm (CPA) must electronically submit to The Children's Trust all the following documents, 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 Related Matters Identified in an Audit." 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 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" or the Florida Single Audit Act, Florida Statutes 215.97, if applicable. 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. 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)calendar days after the close of Provider's fiscal year. If Provider is required to have a Single Audit, it agrees to have its 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 one hundred eighty (180) calendar days of the close of its fiscal year, Provider is required to provide a Program- Specific Audit related to the Contract to The Children's Trust, 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's Contract(s) as specified in Attachment D: Program-Specific Audit Requirements. 4. Audits Submission Method Electronic filing of the annual financial statement audit and the required Program-Specific Audit related to the Contract to The Children's Trust must be sent by the Provider's CPA firm via the via email or through another online system identified by The Trust, unless otherwise previously agreed upon by the Trust and Provider through a memorialized document within the timeframe specified above in Section 0, subsections 2 and 3. 5. 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) calendar 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. 6. Engagement Letters Audit engagement letters are due to The Children's Trust thirty (30) calendar days after the end of Provider's fiscal year. Provider agrees to submit an audit engagement letter electronically to en gagementletters©thechildrenstrust.org. Failure to submit an audit engagement letter may result in a breach of Contract, or other remedy, as deemed appropriate by The Children's Trust. 7. 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's website, Inclusion in this pre-approved CPA vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Budget, Invoices, Method of Payment and Other Fiscal Requirements. 8. Access to Records Provider shall permit access to all records, including subcontractor records, as per the Supporting Documentation Requirements in Attachment B: Budget, Invoices, Method of Payment and Other Fiscal Requirements, which relate to this Contract at its place of business during regular business hours at a date and time mutually agreed upon by Provider and The Children's Trust. 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. 9. Program Metrics Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled site visits, reviews and evaluations of the program which is the subject of this Contract, including any subcontracts under this 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 sole discretion of The Children's Trust. Program Metrics reports, which provides real time data can be accessed through Trust Central. Compliance findings will be discussed with Provider and, in accordance with specifications provided by The Children's Trust, Provider will remedy all deficiencies cited in the report from Trust Central. To the extent permitted by law, school-based health Providers shall permit public health authorities and health oversight agency (ies), that are charged with supervising health services program in schools, to conduct oversight and regulatory activities authorized by law. 10. Client Records School-based Health Providers only School Health Programs-HealthConnect are comprehensive services and may be provided to Miami-Dade County Public Schools' students in accordance with section 361.0056, Florida Statutes. Provider agrees and shall require all sub- contractors to comply with all applicable state and federal privacy and confidentiality laws, as relevant to the services provided under this contract. The Florida Department of Health is statutorily authorized to review school health records of all students enrolled in the public-school system, regardless of the form in which these records are kept, at all reasonable times for as long as records are retained and in accordance with applicable law. All other Providers The Children's Trust expects all required information, as provided in Attachment C: Programmatic Data and Reporting Requirements, to be entered directly in the electronic data reporting system. If the provider chooses to maintain physical records for participants, provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 11. Internal Documentation/Records Retention Provider agrees to maintain and, upon request by The Children's Trust, provide for inspection by The Children's Trust during regular business hours the following, as may be applicable and 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; (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre-and post-session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Services provision as described in Attachment A: Scope of Services and as required by this Contract. In addition to any requirements for retaining records pursuant to Section G, Public Records, Provider shall retain all records for not less than five(5) 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. 12. 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, comply with applicable federal and state laws on confidentiality, and engage in measures to prevent unauthorized use, dissemination or publication of confidential information regardless of the source of such information. Any information determined to be confidential must be clearly marked as such. 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 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. In any event. Provider shall be responsible for defending its claim that any information submitted to The Children's Trust is confidential, trade secret, or otherwise exempt from inspection and copying under Florida's Public Records Law, including, but not limited to, defending or indemnifying The Children's Trust in the event that a claim or case is brought against The Children's Trust. Provider shall specifically require all subcontractors to comply with this paragraph. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. 13. Data Security Obligation Data Security Definitions are defined and specified in Attachment G: Data Security Definitions attached to this Contract. A. Standard of Care 1. 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 Highly Sensitive Personal Information or 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. 2. Highly Sensitive Personal Information or Personal Information is deemed to be property of The Children's Trust and is not property of Provider. 3. In recognition of the foregoing, Provider agrees and covenants that it shall: a. Keep and maintain all such Highly Sensitive Personal Information or Personal Information strictly confidential. b. Use and disclose Highly Sensitive Personal Information or Personal Information solely and exclusively for the purposes for which the Highly Sensitive Personal Information or 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 Highly Sensitive Personal Information or Personal Information for Provider's own purposes or for the benefit of anyone other than The Children's Trust, without The Children's Trust's prior written consent, which may be withheld in The Children's Trust's sole and absolute discretion. c. Not, directly or indirectly, disclose Highly Sensitive Personal Information or Personal Information to 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 Highly Sensitive Personal Information or 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 Highly Sensitive Personal Information or Personal Information; Iii) be responsible to The Children's Trust for the actions and omissions of such Unauthorized Third Party concerning the treatment of such Highly Sensitive Personal Information or Personal Information as if they were Provider's own actions and omissions; and (iii) require the Unauthorized Third Party that has access to Highly Sensitive Personal Information or Personal Information to execute a written Contract agreeing to comply with the terms and conditions of this Contract relating to the treatment of Highly Sensitive Personal Information or Personal Information. Provider shall not divulge such Highly Sensitive Personal Information or Personal Information until The Children's Trust has concluded not to challenge the demand, has exhausted its challenge, including appeals, if any. B. Highly Sensitive Personal Information or Personal Information Security Provider shall protect and secure data in electronic form containing such Highly Sensitive Personal Information or Personal Information. At a minimum, Provider's safeguards for the protection of Highly Sensitive Personal Information or Personal Information shall include: 1. Encrypting, securing or modifying such Highly Sensitive Personal Information or 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 Highly Sensitive Personal Information or 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; and implementing authentication and access controls within media, applications, operating systems and equipment. 6. Encrypting Highly Sensitive Personal Information or Personal Information stored on any mobile media. 7. Encrypting Highly Sensitive Personal Information or Personal Information transmitted over public or wireless networks. 8. Implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks consistent with applicable law, as required by The Children's Trust from time to time. 9. Providing written copies of appropriate privacy and information security training to Provider's employees, as required by and to The Children's Trust. 10. Purchasing and maintaining cyber insurance coverage, as The Children's Trust deems necessary in its sole and absolute discretion. a. Provider shall dispose, or arrange for the disposal, of customer records containing Highly Sensitive Personal Information or Personal Information within its custody or control when the records are no longer to be retained pursuant to Sections G and O. Such disposal shall involve shredding, erasing or otherwise modifying Highly Sensitive Personal Information or Personal Information in its control or possession to make it unreadable or undecipherable through any means. b. 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 Highly Sensitive Personal Information or 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. c. 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 Highly Sensitive Personal Information or 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) firewalls, 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 For purposes of this Contract, "Security Breach" is defined in Attachment G. In the event of a Security Breach, Provider shall: 1. Notify The Children's Trust of a Security Breach immediately, but not later than forty eight (48) hours, after Provider becomes aware of it by emailing The Children's Trust with a read receipt at datasecurity@thechildrenstrust.org; and with a copy of such email 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 Security Breach; and (2) a description of the Highly Sensitive Personal Information or Personal Information that was accessed or reasonably believed to have been accessed as a part of the Security Breach. 2.To the extent legally permissible, confer with The Children's Trust prior to informing any third party of any Security Breach related to this Contract. Provider and The Children's Trust shall communicate regarding: (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; 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. 3. 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 be solely responsible for all costs associated with a Security Breach and The Children's Trust may seek to recover any costs it expends as a result of such breach from Provider. 14. Withholding of Payment At the sole discretion of The Children's Trust, payment may be withheld for noncompliance 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 AND 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, to the exclusion of all others, 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 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 Florida Department of Children and Families (DCF), the Florida Department of Juvenile Justice (DJJ) or Miami-Dade County Public School (M-OCPS). In addition: 1. 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. 2. 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. 3. Provider shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2: Child Care Attestation 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 subcontractors' files. 4. Provider shall ensure that all employees, volunteers and/or subcontractors complete Level 2 background screening no later than every five (5) years. Provider is required to review annually, at minimum, the Dru Slod in National Sex Offender Public Website(NSOPW). School-based Health Providers only All school staff members or sub-contracted agency personnel assigned to work at a site where they have access to children must satisfy Level 2 background screening requirements and comply with all necessary school procedures prior to commencing services within Miami-Dade County Public Schools or doing any work for The Children's Trust related to this contract. Pursuant to the Jessica Lunsford Act (HB 1877), which was adopted during the 2005 legislative session and thereafter signed into law by the Governor, non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, have direct contact with students or have access to or control of school funds must meet Level 2 background screening requirements as provided in section 1012.32, Florida Statutes. All of Provider's employees who work in a school must satisfy Level 2 background screening requirements as provided in section 1012.32, Florida Statutes. All employees who work in a school must inform their employer within 48 hours if convicted of any disqualifying offenses included M-DCPS's Employee Manual, while he or she is employed or under contract in that capacity. If Provider employs a person, under this contract or with The Children's Trust's funds, to work in a school who does not satisfy Level 2 background screening-requirements,-the-employee shall be immediately suspended from working in that capacity. A clearance letter or an identification badge issued by Miami-Dade County Public Schools will be accepted as proof that the employee satisfactorily completed background screening. A copy of said clearance letter or identification badge must be on file for each employee hired to work within the school setting. All other Providers Subject to the provisions, limitations and exceptions of all relevant statutory provisions, including sections 1012.465, 1012.468, and 1012.468, Florida Statutes, 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 and comply with the requirements thereto prior to commencing work pursuant to this Contract. This requirement applies to all volunteers who provide more than ten (10) hours of service in any given calendar year to children, youth and their families. Occasional or transient repair or maintenance persons, vendor representatives, contractors or subcontractors who have not completed a Level 2 background screening and appear on the site should be escorted to their work areas and supervised by a Provider staff member who has satisfactorily completed a Level 2 background screening the entire time they are present on the site. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to comply with all relevant provisions of the Americans with Disabilities Act and other state, federal or local laws that mandate the accessibility of programs, services and benefits for persons with disabilities. The Children's Trust also requires Provider implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. T. REGULATORY COMPLIANCE 1. Nondiscrimination and Civil Rights Provider shall not discriminate against an employee, volunteer or client of Provider based on an individual's protected class, which includes race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, source of income, or actual or perceived status as a victim of domestic violence, dating violence or stalking. Provider shall have 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 an individual's dignity. Additionally, Provider agrees to abide by Chapter 11A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which, among other things, prohibits discrimination in employment and public accommodations, and by local governments on the basis 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 direct service 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; may not submit a bid for the construction or repair of a public building or public work; may not submit bids on leases of real property; may not be awarded or perform work as a Provider supplier, subcontractor or consultant; and may not transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for certain statutorily defined 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 or Chapter 112, Part III, Florida Statutes, as amended, which are incorporated by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. (Refer to http://ethics.miamidade.gov/library/2016-publications-rgorsec%20 2 11- 1 con ',ct of interest and code of ethics ordinance ian16.pdf). 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including: a. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. b. 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. Incident definitions can be found on the sample incident report form located on The Children's Trust website. 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 (800.962.2873). As required by Chapters 39 and 415, Florida Statutes, Provider and its employees are mandated to report any such suspicions. Provider shall notify the contract manager of any incident as defined within three (3) calendar days after Provider is informed of such incident. The notification must be in writing and include 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 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) calendar days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) calendar 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 submit written notification to The Children's Trust within seven (7) business days of 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 their policies, including, but not limited to, confidentiality, incident reporting, sexual harassment, nondiscrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for Services, and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form through the electronic registration process provided by The Trust. Form will be available in English, Spanish and Haitian Creole. The consent shall be part of the participants' registration, 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: 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. W. MARKETING & PUBLICITY Provider or its contracted departments shall distribute a news release announcing it has been awarded funding by The Children's Trust. Provider shall prominently place a Children's Trust program sign decal on the main entry door or front window of each of its Trust-funded site locations (unless such placement of signage is specifically prohibited by Provider's lease). Provider shall display the official Children's Trust logo on the home page of its website (if Provider maintains a website) and link it to The Children's Trust website (www.thechildrenstrust.org). If the funded program is part of a larger entity, such as a university, the logo may be placed on the web page dedicated to that program on the Provider's website. Provider shall in addition include the following paragraph, along with the logo, on the web page dedicated to the program funded by this Contract, or elsewhere on its website (in English/Spanish or English/Haitian Creole or all three languages, depending upon population served): English: [Provider Program Name] 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: El [Provider Program Name] esta financiado por The Children's Trust. The Children's Trust es una fuente de financiac ion, creada por los votantes en referendum para mejorar la vide de los ninos y las familias en Miami-Dade. Kreyal: 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 pwog ram 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 "[Provider Program Name] is funded in part by The Children's Trust..." OR "El [Provider Program Name] esta financiado en parte por The Children's Trust../' OR "Se Children's Trust ki finance yon pati nan[Pwogram Sa-a]..." Provider agrees that all program services, activities and events funded by this Contract shall recognize The Children's Trust as a funding source in any and all publicity, public relations and marketing efforts/materials created under its control on behalf of the program. 1. COMMUNICATION WITH MEDIA/NEWS OUTLETS Provider shall request that all media representatives, when inquiring with Provider about the program services, activities and events funded by this Contract, recognize The Children's Trust as a funding source. 2. VIDEO Provider agrees that any video it produces that depicts activities, services and events funded by this Contract shall include a full-screen graphic at its end recognizing The Children's Trust as a funding source. 3. SOCIAL MEDIA If Provider or its contracted departments maintains social media accounts, they shall: a. Post an update on its social media accounts (e.g., Facebook, Twitter, Instagram, etc.) announcing it has been awarded a funding contract by The Children's Trust, and tag The Children's Trust's profile on those social media networks. If The Trust does not have a profile on a particular social media network, the post should link back to www.thechildrenstrust.org. b. State it is funded by The Children's Trust on all of its social media networks"'About" sections. c. Tag and/or mention The Children's Trust on all posts related to services, activities and events funded by this Contract. d. List The Children's Trust's fan page under "Liked by This Page" on its Facebook page (if Provider maintains a Facebook page). e. Follow The Children's Trust Twitter account (if Provider maintains a Twitter account). 4. PRINTED MATERIALS a. Provider or its contracted departments shall ensure that any and all printed materials it creates for program services, activities and events funded by this Contract, including, but not limited to, newsletters, news releases, brochures, fliers, advertisements, signs/banners, letters to program participants and/or their parents/guardians, or any other materials released to the media or general public, shall state that these program services, activities and events are funded by The Children's Trust. b. Further, Provider shall also employ the use of the appropriate Children's Trust logo and/or language as stated above when recognizing said funding in any and all printed materials. c. Proofs of all printed material referenced herein must be submitted to The Children's Trust communications department(commanicatlonscompliance@thechild renstrust.org) for approval prior to production/printing and release/distribution. d. Provider agrees to deliver to The Children's Trust, without charge, at least three (3) copies of any and all printed materials it creates for program services, activities and events funded by this Contract. e. 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 Sections F: Intellectual Property and Rights to Developed Materials and H: Intellectual Property Licensing Fees and Costs. 5. TERMINATION OF CONTRACT Upon termination of this Contract by either party, Provider shall remove all references to The Children's Trust from its site(s), website, social media accounts, advertisements and promotional materials, to coincide with the effective date of such termination. X. 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. Y.JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses the parties' mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 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 Attestation 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] CI of Miami B. ch The Children's Trust MIAMI-DADE COUNTY, FLORIDA By (signal r ofyyiiL� e) BY (signature) James R. Haj t �/ President and CEO (^ Date: "I IITI'// Date: Provider Federal ID# 59-6000373 Provider Vendor ID# CITYO109 This Contract is not valid until signed by both Parties. City of Miami Beach The Children's Trust MIAMI-DADE COUNTY, FLORIDA By. By: (signature of Authorized Representative) (signature) Judy Hoanshelt far Jimmy L. Morales James R. Hal Grants Management Division Director President and CEO Date: 9/14/2018 Date: 9/14/2018 Provider Federal ID# 59-6000372 Provider Vendor ID# CITYO109 This Contract is not valid until signed by both Parties. Attachment A-Scope of Services Place-based/Countywide Community Partnerships GENERAL AGENCY SIGNER Bianca Montenegro INITIATIVE Place-based/Countywide Community Partnerships PROGRAM NAME Success University CO NTRA CT TI NIEF RAMS Year-Round TARGET AREAS Miami Beach PROGRAM DESCRIPTION The City of Miami Beach Service Partnership/Success University is a place-based coalition of human service providers collaborating to provide coordinated services to families and communities where children are at risk of child maltreatment and chronic absenteeism, or display disruptive behavior in school or in the community. Family and Neighborhood supports also provide engagement activities that bring residents together around the issues facing their communities. Success University is an integrated Care Coordination-based human services program that provides comprehensive and accessible family supports within the community, including homes, to address family and youth challenges.The program offers an array of educational, human services, physical, health, mental health, income, and housing supports provided through a coordinated and collaborative delivery system that contributes to the overall wellbeing of high-risk children, youth and families.The program provides children and youth with personal and academic supports while providing their families with holistic services to ensure stability and child success. Service components include: Family Assessments, Care Coordination, Family Team Conferences, Teen Employment Services, Counseling, Tutoring, Transportation accessibility, credit counseling, legal services, mentoring and targeted referrals to community-based services not available within the Family and Neighborhood Support framework. SITES Site Name Site Address Participants Master Site: Regional- Northeast(no address) Master Site Address: Number of Families: 126 Service Start Date: 8/1/2016 Number of Parents/Caregivers: 126 Service End Date: 7/31/2019 Number of Youth: 126 PARTICIPANTS Type of Participant Number of Participants Percentage of Families with Child with Disability Youth/Children 126 0 Families 126 10 Parents/Caregivers 126 0 ACTIVITIES Validated Activity Information & Requirements Activity Name Care Coordination Activity Description Care coordination begins at program intake and includes the development of a family care plan that addresses the service needs of families/youth. Plans shall be regularly updated as families are expected to be engaged by the program on a regular basis until identified referrals and services are completed. Care coordination is guided by a jointly developed care plan to establish goals, coordinate clinical and other services, address safety issues and garner family supports. Care coordination may include visits that occur in the home in order to assess living conditions and engage the youth and family as it relates to family goals and success in the program which includes monitoring and documentation of participation and progress. Families with multiple, complex challenges benefit from a team approach to services, and care coordination helps families to organize and align their team. The team is comprised of an integrated network of a range of service providers and natural supports that leverage partners' resources to holistically address the needs of families and improve outcomes. Program completion is based on families completing a continuum of services needed as identified in the family care plan. The length of time it takes a family to successfully complete their family care plan will vary. Additional Details:Within the first 14 days, the family and Care Coordinator will work to complete a Care Plan which is unique to each family, and which establishes the framework upon which the family will achieve its goals. In some instances (e.g., youth is homeless), the youth is the primary participant to complete the Care Plan with the Care Coordinator. Target and completion dates are addressed in the Care Plan, which guides and projects target dates for meeting their goals and objectives. Families receive a copy of the Care Plan goals once signed along with referrals of community partners that the client and parent or guardian is referred to. Progress notes are typed by the Care Coordinator to document and capture the intake, assessment, sessions, performance measurements, care plan, and referrals into the online case management system at each session. When appropriate, Natural Helper Supports could be used to help families identify resources they can utilize to further strengthen their parent/child relationships, support treatment engagement and skill acquisition, stabilize their families and reduce their at-risk status. Follow up sessions must take place at least once a month during the time participant is enrolled in care coordination, for a minimum of six months. Care Coordinator conducts scheduled visits/contacts with family; determines if referrals have been successful; reviews and assists the family in pursuit of their goals in the Care Plan; amends the care plan as necessary; holds multidisciplinary staffing as necessary. When the family and the care coordinator determine the goals of the care plan have been met, and that no additional services are needed, the care coordinator will close out the case. Required or Optional Required Required Sessions: 6 IMensity(minutes): 45 Frequency: time(s) per month Duration 6 Months Number of Families:126 Number of Parents: 126 Number of Children: 126 PARTICIPANT OUTCOMES Required Outcome Data Source and Measurement Details Data Source/Measurement Tool: Parents'Assessment of Protective Factors-SC Parents/caregivers report an increase Tool Details: Social Connections (SC)Subscale (items 20-28). Scoring: 9 Items; sum the numerical values in social of the responses for the Social Connections (SC) subscale (items 20 - 28)and record the total on the line connections for "Social Connections Total" on the PAPE Scoring Sheet. Compute the SC Subscale Score as the average (mean) of the response values. Record the score on the line for "social Connections Average Score" on Associated the score sheet. PAPF Strength Level: Low (score range 0.00-1.99), Moderate (2.00-2.99), High (3.00-3.99), Activity: Care Maximum (4.00). Coordination Service Meaningful Improvement:The assessment scores, as well as the number and percentage of parents Component: demonstrating increased scores will be analyzed after the first posttest to determine the specific criteria Parents-Care to be used for contracted meaningful improvement and outcome target percentage in the second year of Coordination the funding cycle. Timing Details: Pretest should be administered at enrollment and posttest every 6 months thereafter or during the closing session. Data Source/Measurement Tool: School Records: EWS indicators % of children/youth who decrease Tool Details:The early warning system indicators (EWS) include: attendance (18+), suspensions (1+), number of early reading course failure, math course failure, below grade level on reading/ math assessment (FCAT, FSA, warning system SAT); Scoring: Total # of early warning indicators; Data provided by Miami-Dade County Public Schools (EWS) indicators with parental consent Associated Meaningful Improvement: A decrease of one or more early warning indicators Activity: Care Coordination Timing Details: Pretest data based on the latest school year records should be reported at enrollment. Service Posttest data based on the end of school year records should be reported in July Component: Parents-Care Coordination Data Source/Measurement Tool: Delinquency System Records: Offenses %of children/youth referred from Tool Details:Scoring: Total #of delinquent offenses for children/youth referred from the delinquency delinquency system; Data provided by juvenile justice system with parental consent system who do not commit a Meaningful Improvement: Number of delinquent offenses should equal zero delinquent offense during program Timing Details; Data should be reported once a year in July participation Associated Activity: Care Coordination Service Component: Parents-Care Coordination Data Source/Measurement Tool: Parents' Assessment of Protective Factors-SE Parents/caregivers report an increase Tool Details: Social Emotional Competence of Children (SE) Subscale (items 38-46). Scoring: 9 Items; sum in their child's the numerical values of the responses for the Social Emotional Competence of Children (SE) subscale social emotional (items 38-46) and record the total on the line for "Social and Emotional Competence Total" on the PAPF competence Scoring Sheet. Compute the SE Subscale score as the average (mean) of the response values. Record the score on the line for "Social and Emotional Competence of Children Average Score" on the score sheet. Associated PAPF Strength Level: Low (score range 0.00-1.99), Moderate (2.00-2.99), High (3.00-3.99), Maximum Activity: Care (4.00). Coordination Service Meaningful Improvement:The assessment scores, as well as the number and percentage of parents Component: demonstrating increased scores will be analyzed after the first posttest to determine the specific criteria Parents-Care to be used for contracted meaningful improvement and outcome target percentage in the second year of Coordination the funding cycle. Timing Details: Pretest should be administered at enrollment and posttest every 6 months thereafter or during the closing session. Data Source/Measurement Tool: Strengths & Difficulties Questionnaire (SDQ) Parents/caregivers will report a Tool Details: Strengths and Difficulties Questionnaire (SDQ). Scoring: 20 item; sum of scores in all of the decrease in their items of the 4 scales; range: 0-40 (higher scores indicate greater difficulty) child's problem behavior Meaningful Improvement: Posttest score must be below 17 Associated Timing Details: Pretest should be administered by the second care coordination session and posttest Activity: Care every 6 months thereafter or during the closing session. Coordination Service Component: Parents-Care Coordination Data Source/Measurement Tool: Dependency System Records: DCF Incidents %of children/youth referred from Tool Details: Scoring: Total # of subsequent incidents involving DCF for children/youth referred from the dependency dependency system. Data provided by child welfare system with parental consent system with no further Meaningful Improvement: Number of subsequent incidents involving DCF should equal zero involvement in DCF Timing Details: Data should be reported once a year in July Associated Activity: Care Coordination Service Component: Parents-Care Coordination Data Source/Measurement Tool: Parents' Assessment of Protective Factors-CS Parents/caregivers report an increase Tool Details: Concrete Supports (CS) Subscale (items 29-37). Scoring; 9 Items; sum the numerical values in concrete of the responses for the Concrete Supports (CS) subscale (items 29-37) and record the total on the line for supports "Concrete Supports Total" on the PAPF Scoring Sheet. Compute the PR Subscale score as the average (mean) of the response values. Record the score on the line for "Concrete Supports Average Score" on Associated the score sheet. PAPF Strength Level: Low (score range 0.00-1,99), Moderate (2.00-2.99), High (3.00-3.99), Activity: Care Maximum (4.00). Coordination Service Meaningful Improvement:The assessment scores, as well as the number and percentage of parents Component: demonstrating increased scores will be analyzed after the first posttest to determine the specific criteria Parents-Care to be used for contracted meaningful improvement and outcome target percentage in the second year of Coordination the funding cycle. Timing Details: Pretest should be administered at enrollment and posttest every 6 months thereafter or during the closing session. Data Source/Measurement Tool: Parents' Assessment of Protective Factors-PR Parents/caregivers report an increase Tool Details: Parental Resilience (PR) Subscale (items 11-19). Scoring: 9 Items: sum the numerical values in parental of the responses for the Parental Resilience (PR) subscale (items 11-19) and record the total on the line resilience for "Parental Resilience Total" on the PAPF Scoring Sheet. Compute the PR Subscale score as the average (mean) of the response values. Record the score on the line for "Parental Resilience Average Score" on Associated the score sheet. PAPF Strength Level: Low (score range 0.00-1.99), Moderate (2.00-2.99), High (3.00-3.99), Activity: Care Maximum (4.00). Coordination Service Meaningful Improvement:The assessment scores, as well as the number and percentage of parents Component: demonstrating increased scores will be analyzed after the first posttest to determine the specific criteria Parents-Care to be used for contracted meaningful improvement and outcome target percentage in the second year of Coordination the funding cycle. Timing Details: Pretest should be administered at enrollment and posttest every 6 months thereafter or during the closing session. PARTNERS & SERVICE LINKAGE Subcontractor Associated or In-Kind Partner Name Activity Description of Role& Expertise Subcontractor Ayuda I-Care Care Coordination and Mental Health Coordination Counseling -0- InKind Catalyst Miami I-Care Advocacy and Community Leadership Coordination Trainings -0- InKind Educate Tomorrow I-Care College readiness and mentorship. Coordination -0- Subcontractor ICFH I-Care Functional Family Therapy and Individual Coordination Counseling -0- InKind Parent to Parent I-Care Autism and Disability Advocacy Coordination -0- InKind UM/NSU Center for Autism and Related I-Care Autism and Disability Advocacy Disabilities Coordination -O- InKind Advocate Program I-Care Child and Family Services for Domestic Coordination Violence -O- Subcontractor Choices Et AI, Inc I-Care Family Team Conference, Restorative Justice Coordination Training and Care Coordination -0- Subcontractor Cuban American National Council (CNC) I-Care Youth Employment, Refugee Employment Coordination -0- InKind DOUGLAS GARDENS COMMUNITY MENTAL I-Care Counseling/Domestic Violence and HEALTH CENTER OF MIAMI BEACH, INC. Coordination Substance Abuse for Adults -0- InKind Family Recovery Specialists I-Care Substance Abuse for Youth Coordination -0- InKind Florida Department of Children and Families I-Care Child and Family Services Coordination -0- InKind Fun Paw Care I-Care Dog Trainings Services Coordination -O- Subcontractor Get Credit Healthy, Inc. I-Care Credit Counseling and Repair Coordination -0- InKind Miami Dade County Public Library System I-Care Technology Education and Educational Coordination Resources, Tutoring -0- InKind Pridelines I-Care LGBTQ Youth Services Coordination -0- Subcontractor The Sunshine Method I-Care Tutoring Services Coordination -O- Subcontractor Advocate2Create I-Care Care Coordination and Mental Health Coordination Counseling -0- InKind Empowering Youth I-Care Mental Health Counseling Coordination -0- STAFFING TABLE Position Status: Position Classiciation, Related Title& In Ratio, Subcontractor Description Position Minimum Qualifications & Responsibilities Supervision Budget Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Office program management. Full-Time Associate IV Position Responsibilities: Provides direction for the program's day to In ratio: 30734 day operations, supervision, direction and guidance for staff, assures NO Category: implementation of evidence based curriculum or program protocols with Supervision: Program fidelity. YES Management Number of Positions: 1 Timeframe: Year-Round Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Senior program management. Full-Time Program Position Responsibilities: Provides direction for the program's day to In ratio: Coordinator day operations, supervision, direction and guidance for staff, assures NO 37928 implementation of evidence based curriculum or program protocols with Supervision: Category: fidelity. YES Program Management Number of Positions: 1 Timeframe: Year-Round Minimum Qualifications: Associate's degree or equivalent in college Classification: Case Worker credits with major course work in Social Work, Business, Criminal Justice, Full-Time 36104 Sociology, or Psychology, some experience working in social service, youth In ratio: Category: program, or related field. Experience can substitute for education on a YES Other year-for-year basis Driver's License bilingual (English/Spanish) or Supervision: Number of (English/Creole). Valid driver's license. NO Positions: 1 Position Responsibilities: Data entry, assistance with client contact and Timeframe: care coordination, provides client transportation, conduct client home Year-Round visits/intakes, filing and any other necessary support or direct service provision of program activities. Interviews clients with problems such as personal and family adjustments, school attendance finances, employment, food, clothing, housing, and physical needs to determine nature and degree of problem, confers with principals and teachers regarding clients, visits families of clients to resolve truancy problems and makes referral to applicable agency, helps client to modify attitudes and patterns of behavior by referral to social agency as necessary, refers clients to community resources, attends staff meetings, workshops, conferences, and parents meetings, compiles records and prepares reports, reviews service plans and performs follow-up to determine quantity and quality of service provided to client and status of clients case, accesses and records client and community resource information, secures supplementary information such as employment, medical records, or school reports, any other necessary support or direct service provision of program activities. Minimum Qualifications: Associate's degree or equivalent in college Classification: Case Worker credits with major course work in Social Work, Business, Criminal Justice, Full-Time 37978 Sociology, or Psychology, some experience working in social service, youth In ratio: Category: program, or related field. Experience can substitute for education on a NO Other year-for-year basis Driver's License bilingual (English/Spanish)or Supervision: Number of (English/Creole). Valid driver's license. NO Positions: 1 Position Responsibilities: Performs office duties of a routine nature that Timeframe: may involve a variety of tasks and work methods. Year-Round Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Assistant program management. Full-Time Department Position Responsibilities: Oversees the administration and management In ratio: Director of orgranization including all program activities and staff. NO 37977 Supervision: Category: YES CEO/Executive Director Number of Positions: 1 Timeframe: Year-Round Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Department program management. Full-Time Director Position Responsibilities: Oversees the administration and management In ratio: 37931 of orgranization including all program activities and staff. NO Category: Supervision: CEO/Executive YES Director Number of Positions: 1 Timeframe: Year-Round Minimum Qualifications:Associate's degree or equivalent in college Classification: Case Worker credits with major course work in Social Work, Business, Criminal Justice, Full-Time 36106 Sociology, or Psychology, some experience working in social service, youth In ratio: Category: program, or related field. Experience can substitute for education on a YES Other year-for-year basis Driver's License bilingual (English/Spanish) or Supervision: Number of (English/Creole). Valid driver's license. NO Positions: 1 Position Responsibilities: Data entry, assistance with client contact and Timeframe: care coordination, provides client transportation, conduct client home Year-Round visits/intakes, filing and any other necessary support or direct service provision of program activities. Interviews clients with problems such as personal and family adjustments, school attendance finances, employment, food, clothing, housing, and physical needs to determine nature and degree of problem, confers with principals and teachers regarding clients, visits families of clients to resolve truancy problems and makes referral to applicable agency, helps client to modify attitudes and patterns of behavior by referral to social agency as necessary, refers clients to community resources, attends staff meetings, workshops, conferences, and parents meetings, compiles records and prepares reports, reviews service plans and performs follow-up to determine quantity and quality of service provided to client and status of clients case, accesses and records client and community resource information, secures supplementary information such as employment medical records, or school reports, any other necessary support or direct service provision of program activities. Minimum Qualifications: A high school diploma or General Equivalency Classification: Case Worker II Diploma (GED). Full-Time - Payroll Position Responsibilities: Performs office duties of a routine nature that In ratio: Coordinator may involve a variety of tasks and work methods. NO 30428 Supervision: Category: NO Other Number of Positions: 1 Timeframe: Year-Round Care Minimum Qualifications: Bachelor's degree in social work, criminal Classification: Ayuda Coordinator justice, psychology, mental health counseling, or related field and have at Professional least two (2) years of relevant experience working with delinquent youth. Services Category: Position Responsibilities: Offers assessment and care planning in In ratio: Other coordination with families and any other entities working with the family, YES Number of with a goal of reducing duplication. Ensure family needs are appropriately Supervision: Positions: 3 identified, access to services is facilitated, and linkages to needed referrals NO Timeframe: are successful. Provide documentation of assessments and care planning Year-Round as well as provide referrals to families based on their needs. Care Minimum Qualifications: Bachelor's degree in social work, criminal Classification: Choices Et Al, Inc Coordinator justice, psychology, mental health counseling, or related field and have at Professional least two (2) years of relevant experience working with delinquent youth. Services Category: Position Responsibilities: Offers assessment and care planning in In ratio: Other coordination with families and any other entities working with the family, YES Number of with a goal of reducing duplication. Ensure family needs are appropriately Supervision: Positions: 3 identified, access to services is facilitated, and linkages to needed referrals NO Timeframe: are successful. Provide documentation of assessments and care planning Year-Round as well as provide referrals to families based on their needs. Provides Family Team Conferencing for families, Care Minimum Qualifications: Bachelor's degree in social work, criminal Classification: Advocate2Create Coordinator justice, psychology, mental health counseling, or related field and have at Professional least two (2)years of relevant experience working with delinquent youth. Services Category: Position Responsibilities: Offers assessment and care planning in In ratio: Other coordination with families and any other entities working with the family, YES Number of with a goal of reducing duplication. Ensure family needs are appropriately Supervision: Positions: 4 identified, access to services is facilitated, and linkages to needed referrals NO Timeframe: are successful. Provide documentation of assessments and care planning Year-Round as well as provide referrals to families based on their needs. Youth Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Cuban American Program program management. Professional National Council Supervisor Position Responsibilities: Provides direction for the program's day to Services (CNC) day operations, supervision, direction and guidance for staff, assures In ratio: Category: implementation of evidence based curriculum or program protocols with YES Program fidelity. Supervision: Management NO Number of Positions: 2 Timeframe: Year-Round Programs Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Ayuda Director program management. Professional Position Responsibilities: Provides direction for the program's day to Services Category: day operations, supervision, direction and guidance for staff, assures In ratio: Program implementation of evidence based curriculum or program protocols with YES Management fidelity. Supervision: Number of NO Positions: 1 Timeframe: Year-Round Mental Health Minimum Qualifications: Master's degree in psychology, social work, Classification: Ayuda Counselor marriage and family therapy, mental health counseling or related field. Professional Position Responsibilities: Provides behavioral health services and Services Category: prevention activities - per program model and assigned duties included in In ratio: Mental the position job description. YES Health/Social Supervision: Services NO Professional Number of Positions: 2 Timeframe: Year-Round Executive Minimum Qualifications: Master's degree in psychology, social work, Classification: Advocate2Create Director marriage and family therapy, mental health counseling or related field, Professional Position Responsibilities: Provides behavioral health services and Services Category: prevention activities - per program model and assigned duties included in In ratio: Mental the position job description. YES Health/Social Supervision: Services YES Professional Number of Positions: 1 Timeframe: Year-Round Executive Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Choices Et AI, Inc Director program management. Professional Position Responsibilities: Oversees the administration and management Services Category: of orgranization including all program activities and staff. In ratio: CEO/Executive YES Director Supervision: Number of YES Positions: 1 Timeframe: Year-Round Senior Vice Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: Get Credit President of program management. Professional Healthy, Inc. Credit Position Responsibilities: Provides direction for the program's day to Services Services day operations, supervision, direction and guidance for staff, assures In ratio: implementation of evidence based curriculum or program protocols with YES Category: fidelity. Supervision: Program YES Management Number of Positions: 1 Timeframe: Year-Round Credit Coach Minimum Qualifications: Bachelor's Degree or relevant work experience Classification: Get Credit and completion of all education, training and professional development Professional Healthy, Inc. Category: required for position. Services Other Position Responsibilities: Answer all incoming calls and interact with In ratio: Number of clients, sales, processing, etc. to assist in answering any questions. YES Positions: 2 Evaluate all credit reports and documentation regarding clients file. Submit Supervision: Timeframe: necessary challenges to reporting agencies and creditors based on NO Year-Round company procedures. Maintain credit files, create correspondence and documentation to achieve clients ultimate credit goal. Prepare and send documents, disclosures, and other correspondence when necessary, in required time frames. Responsible for managing own pipeline and deadlines simultaneously. Maintain a thorough understanding of policies, processes, and procedures, as well as thorough knowledge of credit services products and guidelines. Oversee clients progress within specific programs-Interact with clients on progress of their program. CEO Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: The Sunshine program management. Professional Method Category: Position Responsibilities: Oversees the administration and management Services CEO/Executive of orgranization including all program activities and staff. In ratio: Director YES Number of Supervision: Positions: 1 YES Timeframe: Year-Round COO Minimum Qualifications: Bachelor Degree or equivalent experience in Classification: The Sunshine program management. Professional Method Category: Position Responsibilities: Oversees the administration and management Services CEO/Executive of orgranization including all program activities and staff. In ratio: Director YES Number of Supervision: Positions: 1 YES Timeframe: Year-Round Tutor Minimum Qualifications: Associate's degree or equivalent in college Classification: The Sunshine credits with major course work in Education, Psychology or related field. A Professional Method Category: minimum of 2 years of tutoring experience. Services Other Position Responsibilities: Creates and executes an individualized plan of In ratio: Number of action for each Student. Prepares materials and/or lesson plans prior to YES Positions: 20 each lesson in order to optimize time spent with the student. Schedules Supervision: Timeframe: tutoring appointments with students and their parents. Monitors student NO Year-Round performance or assist students in academic environments, such as classrooms, laboratories, or computing centers. Review class material with students by discussing text, working solutions to problems, or reviewing worksheets or other assignments. Mental Health Minimum Qualifications: Master's degree in psychology, social work, Classification. Advocate2Create Counselor marriage and family therapy, mental health counseling or related field. Professional Position Responsibilities: Provides behavioral health services and Services Category: prevention activities - per program model and assigned duties included in In ratio: Mental the position job description. YES Health/Social Supervision: Services NO Professional Number of Positions: 2 Timeframe: Year-Round Mental Health Minimum Qualifications: Master's degree in psychology, social work, Classification: ICFH Counselor marriage and family therapy, mental health counseling or related field. Full-Time Position Responsibilities: Provides behavioral health services and In ratio: Category: prevention activities - per program model and assigned duties included in YES Mental the position job description. Supervision: Health/Social NO Services Professional Number of Positions: 1 Timeframe: Year-Round FAMILY& NEIGHBORHOOD SUPPORT PARTNERSHIPS ADDITIONAL SCOPE DETAILS Activity Name ACTIVITY DESCRIPTION Adopting a holistic view of program participants, providers are required to make and receive referrals to and from other agencies and program partners. Families and youth referred for services should be contacted and engaged as soon as possible. Partnerships are required to maintain an organized referral process between program partners, Together for Children agencies, community- based service providers and informal support networks. Staff should document referrals, follow-up on Referral Coordination referrals and provide partners with ongoing feedback on the status of referrals. Partnerships working with Together for Children, delinquency and/or dependency partners are expected to provide regular (at least monthly) updates on services to the appropriate personnel, with necessary parental consent. These are considered two-way relationships where partnerships receive referrals from as well as make referrals to the groups noted, since high-risk families will have multiple support needs. Partnerships should also have the capacity to make referrals for services not readily available through the partners in the collaborative. Every participant will receive a standard screening to determine care coordination eligibility based on risk factors related to absenteeism, maltreatment, and disruptive behavior. Based on degree of concern yielded by screening, participants will be referred for a family assessment. Eligibility are determined through a standard screening and assessment that incorporates geographic area and significant risk factors. A majority of those enrolled should meet one of the following place-based criteria; others from nearby the contracted geographic area or schools may be served, but only if enrollment risk factors are met: • Child abuse or neglect: current or prior history of involvement with the child welfare system that did not result in a court-order into foster care, shelter care or protective supervision • Child attendance, chronic absenteeism or truancy: child has been absent 6%or more days in the current or previous school year, or the child has dropped out of school • Child behavior problems: child has symptoms or diagnosis of a behavioral, social or emotional problems that have resulted in difficulty at home, school and/or the community; this may include (but is not limited to) fighting, school suspension, and/or arrest or involvement in the juvenile justice system • Child academic performance: child has failed one or more academic subjects • Child exposure to violence: child has experienced domestic violence in the home • Risk of child abuse or neglect: suspected history or observed risk for child abuse or neglect but without involvement with the child welfare system (i.e., harsh parenting, lack of parent/caregiver understanding of child needs, development and/or parenting skit) Eligibility Screening • Parental functioning and supports: one or more parents/caregivers of the child have & Intake symptoms or diagnosis of mental health, stress or substance abuse problems that have impacted their parenting and/or family functioning For providers of population-specific participants: • Child of incarcerated parent(s): child in need of supports as result of their parent(s)/caregiver(s) being imprisoned • Gay, lesbian, bisexual, transgender, questioning youth: youth who identifies his/her sexual orientation as gay, lesbian, or bisexual or who identifies as transgendered or questioning • Unaccompanied, immigrant minor: child who is an immigrant at risk of deportation or removal or who is in the custody of the Office of Refugee Resettlement(ORR) and eligible for release • Child exposure to high family conflict and domestic violence: child has experienced intensive family conflict or domestic violence in the home. • Child who is homeless • Child who is in foster care or aging out of the foster care system • Families with children with disabilities who require supports to care for their family member (i.e., individuals with disabilities who are unable to perform developmentally appropriate self- care or daily living tasks). Additionally, families who meet one or more of the above eligibility criteria may require and receive assistance around concrete supports (i.e., adequate housing, access to food, clothing and transportation). All participants determined to be eligible for care coordination through the Screening will receive an Assessment to confirm eligibility. The Assessment will define protective factors/family strengths and Family Assessment service needs; including the need for Health Insurance and medical home. Based on degree of concern and service needs yielded by the Assessment, participants will be enrolled in Care Coordination. A comprehensive tool must be used to further assess the risk factors noted in the screening Partnerships working with families should include multiple services and/or activities designed to reduce the impact of familial risk factors that contribute to negative child/youth outcomes. Using a Services To Support The strengths-based, solution-focused approach, providers can leverage protective factors to address Family Strengthening issues threatening family stability. The Center for the Study of Social Policy's Strengthening Families Framework approach identifies five (5) specific protective factors: 1) parental resilience; 2) social connections; 3) concrete support in times of need; 4) knowledge of parenting and child development; and 5) social and emotional competence of children. Services should focus on improving parent and child/youth knowledge, attitudes and beliefs that will influence these protective factors and the target outcomes to reduce youth violence/disruptive behavior, chronic absenteeism and maltreatment. Family and neighborhood support partnerships are designed to more effectively coordinate high quality community services through an integrated network of formal and informal supports. Community partners must operate within a shared governance structure to actively collaborate and coordinate an array of broad, flexible services. As part of this initiative, providers are expected to leverage partners' resources to address the needs of families and improve outcomes for children through access to high quality services. Coordination and integration of services is facilitated by cross-agency data-sharing regarding common participants. Partnerships are formalized through executed memoranda of understanding among participating organizations and individuals. Partnerships are expected to: Partnerships • lead a collaborative of diverse system partners toward a common goal; Coordination • cultivate a partnership based on trust, reciprocity, shared ownership and accountability for all partners; • coordinate frequent and meaningful training for members; • use creative thinking, effective problem-solving and communication to coordinate with key partners to make good decisions and overcome barriers that arise; • actively involve members in developing action plans with goals and objectives; and • achieve success working with children, youth, families and local communities in the targeted geographic areas or special populations. QUALITY MEASURES Performance Statement Target Associated Activity The number and percentage of participants Number/percentage of participants who were assessed will be analyzed to determine the Family Assessment assessed within 72 hours of referral outcome target percentage in the second year of the funding cycle. Number/percentage of participants who have a The number and percentage of participants care plan initiated within 14 days of the who have a care plan will be analyzed to Care Coordination assessment determine the outcome target percentage in the second year of the funding cycle. Percentage of parents/caregivers and youth 85%of parents/caregivers and youth Survey Administration satisfied with program (satisfaction surveys) satisfied with program (satisfaction surveys) ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Budget amendments/revisions Budget amendments/revisions require written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designees. 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. Invoice/ Request for Payment Requirements Provider and/or Seller shall submit an original request for payment, utilizing the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision(s). This format may entail the electronic submission of a request for payment in the SAMIS system in accordance with the approved budget or budget amendments/revisions, paper invoice, spreadsheet, or other submission method. The Children's Trust will notify the Provider and/or Seller the method of submittal. Invoices not submitted in the SAMIS system shall be submitted by the Provider and/or Seller to The Trust at: accountspayable@thechildrenstrust.org and to the Provider and/or Seller's Trust staff member assigned to this contract. The invoice must include The Trust's issued Purchase Order (PO) number. Submissions to accountspayable@thechildrenstrust.org must contain only the invoice and no additional correspondence. Attachments and other documentation included with the invoice that is submitted to accountsoayable@thechildrenstrust.org will render the invoice as being not properly submitted. 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 and/or Seller on a monthly basis. Any expense, included on an invoice relating to a reimbursement request that pertains to a 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, and the invoices are to be submitted using SAMIS, then the Form D: Attestation of Payment must be uploaded to the Trust electronic system Document Repository no later than thirty (30) days after payment to subcontractor. If invoices are submitted using SAMIS, upon the close of this Contract, Provider and/or Seller is required to complete Form E: Close-out Attestation of Payment, which must be uploaded to the Trust electronic system Document Repository no later than thirty (30) days after payment to subcontractor. These forms may be downloaded from The Children's Trust website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider and/or Seller 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 and/or Seller will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider and/or Seller fails to comply, then all rights to payment shall be forfeited. If The Children's Trust determines that Provider and/or Seller has been paid funds, which are not in accordance with this Contract, and to which it is not entitled, then Provider and/or Seller 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 and/or Seller is entitled to such funds in accordance with this Contract. The Children's Trust decision on this matter shall be binding. In the event that Provider and/or Seller, its independent CPA firm or The Children's Trust discovers that an overpayment has been made, Provider and/or Seller shall repay the overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If Provider and/or Seller 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 right to amend or seek reimbursement for under-serving participants in accordance with the Contract. A 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 and/or Seller 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 and/or Seller within thirty (30) calendar days of receipt of Provider and/or Seller's properly submitted Request for Payment (i.e., 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. 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. Match Requirement $100,000.00 Programs requiring a match if required in the respective solicitation, which is defined as cash or in-kind contributions including non-federal cash dollars, donated items, and/ or services that are part of the overall cost of operating the program, should be reasonable, necessary, and/or required for the program. Matching funds do not include The Children's Trust funds. The Children's Trust reserves the right to ask for substantive documentation to support the match at any time and such documentation must be presented to Provider and/or Seller's independent auditors as part of their annual financial statement audit. Direct Deposit of Payment As a requirement of this Contract with The Children's Trust, Provider and/or Seller agrees that prior to, or on the date commencing the effective term of this Contract, Provider and/or Seller 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 and/or Seller'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 on The Trust's website . Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment Contract; Provider and/or Seller shall be paid in accordance with the approved budget and/or approved budget amendments/revisions as set forth in this attachment. Provider and/or Seller will be paid in accordance with the approved budget, typically after expenses are incurred. Provider and/or Seller also agrees to pay their subcontractors, vendors and employees for the fulfillment of services provided on a timely basis. The Trust expects that Provider and/or Seller maintain sufficient funds in the amount of at least 15%of their operating budget. Adequate working capital is considered a best practice and is necessary when managing a cost reimbursement contract. Provider and/or Seller are expected to possess the funds necessary to cover initial program expenses, and then request reimbursement from The Trust. Deliverable-Based Method of Payment The parties agree that this is a deliverable based Contract, and Provider and/or Seller will be paid based on acceptance by The Children's Trust of deliverables as outlined in Attachment A. Provider and/or Seller will submit required reports and/or deliverables in accordance with the deliverable schedule set forth in Attachment A or in Attachment B if not included in Attachment A. If Provider and/or Seller fails to submit approved deliverables in accordance with the Contract, The Children's Trust may amend the Contract to reduce the amount of dollars representing the deliverables not provided. 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 deliverables not provided in accordance with the Contract. Provider and/or Seller also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Every request by Provider and/or Seller for payment for services provided, work performed, or costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, the 'Attestation of Payment' form must be included in the Request for Payment. These forms may be downloaded from The Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider and/or Seller to perform services pertaining to The Children's Trust funded programs identified in this Contract. Advance payment requests The Children's Trust offers advance payments up to 15% of the total Contract value. The Children's Trust will only approve advance requests that are equivalent to the total amount of the first two (2) months programmatic expenditures and up to 15%of the total Contract value. Determinations of programmatic expenditures will be supported by the immediate prior year's performance or a detailed listing of estimated expenditures. Advance requests shall be limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181(16)(6), F.S. Advance requests 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's Contract Manager and Chief Financial Officer or their designee. Advance payments are made at and within the sole discretion of The Children's Trust. Advance repayment Upon receipt of an advance, repayment must be credited to proceeding reimbursement requests within a sixty (60) calendar day term. Provider and/or Seller shall report the amount of the advance repayment in The Trust electronic system using the "advances/adjustments" button on the reimbursement screen. If a provider does not use the specified Trust electronic system, the Provider and/or Seller is required to deduct its advance repayment from each invoice, consecutively, until the advance is repaid in full. List of Approved Certified Public Accountants or Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, Provider and/or Seller 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 IFSport 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 Qpvernmenf Auditing Standards;and (c) completion of an annual CPA training session sponsored by The Children's Trust finance department. Supporting Documentation Requirements Provider and/or Seller 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 and/or Seller 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 and/or Seller 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- Budget Summary Report City of Miami Beach-SPB XX21-1090-City of Miami Beach Fiscal Year 18-19(8/01118-7/31/19) Contract#:1921-1090 CSC Program Allocation: $400,000 Budget Status.Approved Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 161,667 00 144,385.00 144,385.00 521 FICA/MICA 2344.00 2,093.00 2,093.00 522 Retirement Contributions 40,417.00 8.663.00 8,663.00 523 Life and Health Insurance 30,281.00 29,055.00 29,055.00 524 Workers Compensation 485.00 433.00 433.00 525 Unemployment Compensation 0.00 0.00 0.00 Salary Totals: 235,194.00 184,629.00 1840629.00 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 1,833.00 0.00 0.00 532 Travel (participants) 7,829.00 4,163.00 4,163.00 533 Meals(participants) 1,676.00 1,676.00 1,676.00 534 Space 0.00 0.00 0.00 535 Utilities 7,250.00 0.00 0.00 536 Supplies(office) 3,110.00 960.00 960.00 537 Supplies(program) 840.00 840.00 840.00 540 Non-Capital Equipment 240.00 240.00 240.00 550 Capital Equipment 0.00 0.00 0.00 591 Indirect Cost 1,391.00 1,391.00 1,391 00 611 Subcontractor 225,572.00 202,472.00 202,472.00 711 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) 0.00 0.00 0.00 811 Other(advertising) 0.00 0.00 0.00 821 Other(background screening) 0.00 0.00 0.00 831 Other(admission to field trips) 0.00 0.00 0.00 891 Other(other) 8,500.00 1,000.00 1,000 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 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) 6,500.00 0.00 0.00 853 Other(Required Staff Training) 0.00 0.00 0.00 854 Other(Discretionary Funds) 1,129.00 1,129.00 1,129.00 855 Other(conference registration) 0.00 0.00 0.00 2000 Salary Summary 0.00 0.00 0.00 2005 EBP Trainings 0.00 0.00 0.00 Expense Totals: 267,370.00 215,371.00 215,371.00 Salary and Expense Totals: 502,564.00 400,000.00 400,000.00 Program Funders Summary Funders Funder Type Funder Total Comment In-Kind Contributions In-Kind Contributions(Summary) 102,564.00 Program Funder In-Kind Contributions provided by City of Miami Beach,Ayuda, Advocate2Create and Choices et al. Summary Funder Totals: 102,564.00 o o 0 o 0 a c E a c E < 0 n E c a o o 0 k a a a a mE y » .e' E 0 c °O 0 o a a V E • 3 a a o 0 o a o .2 V .2 V ° 3 - _ ° 3 Li y e4 alL 0 < 0 — o a 0 V m O a w o ° e E Ts E c aE e m a o E o E 00 0 0 =. m ` To O ; a a 0 4 o a c d V- c 2 ° 0 5 E6 o ° c6 6 o` a • • c o • m ' m E o _ n- c o a a — a - m 0 0 0 u - ¢ 0 E mm ' V .- a 6 m N aK 1 i in c O pr » 0 U m b V 7 Ef m° :" me a a a „ e EE 0 8 2 r r E ° K o f_ LE a OE „ a a rc c _ & `n _ c - as a _ e ; 0 o` ¢ - - 1 o` o s a 13 vi 2 • r 3 a - E iei vi E n a » a » 3C - 5 ei oS c p 0 o a o El - a to t m, r 3 o°¢ .. E N a" rc m' oLL ° E ba o x o 0 0 4 c E a o 0 E 4 = O o a --Q° a m E o a a 2 O c s x O 0 0 E 3 a o 0 4 E 4 a O 0 0 23 0 0 0 0 r a O 0 0 O q o e - v E e o 0 0 2= _ < _ 00 00 00 0 0 6 < ¢ 0 0 0 v ° 0 0 6 Q 2 0 0 0 E0 n t P X g € K u s.C v - x O 0 0 E 0 0 6 Z r r r ° c 8 E LE5 to " " " y - E " - E V m " 4 ` VI Ln Li, _ ' ` e ' N a o 0 N b a c r S v v v E m- v N N 3a. :ay ✓• 0 < e E C m P .E ° 0T. v N N g s1 $ ,E, » ii E y i rc m' 2. S 5 < € m s o � i• U F > > E a r C m_ m 2 - 3 w ° 4 n O• :w0 E %0 ' a n 0 E 0 E E o 0 0 a a a a 0 0 6 a o wE y - i gO o o o 0 g 4 a a o 0 N 01 03 0 0 0 o - 2 S o e o a w V 0 0 0 0 - V u o o` al m " v a _ o` C a 0 0 6 a 4 0 e A el La o a E 0 0 6 a E a e Y2 E2 a :3 7. a ¢ n 0 C 0 e E 6 0 6 m 1Y r z o 0 r r E E 3 £ 0 v 0 S E u` S '= a 4 E 4 LL a - 0 g 'o o O c ` 3 ma • - g U O 2 a ' s a - ao. R 3 a r 00 aN LO e E 8 _ a v V8 mr e o Ym 0 • m a E e E m E O 2 u• ` m r 0 0 a' a 0 o o 0 E 0 0 0 6 E ^c 6 = o 0 o a o Y n a 42 E 3 6 6 o 0 P o 0 o O r `3 - a o 0 s 0 & E E c o 0 o C C o a 4 _ S ul S La < a o 0 < % V ^ _ 5 O c 13 0 0 0 E n 40 8. T 3 a m� 6.1 ry c t E 0 0CO 0 0. 0 E E o aa^, r r E n 2 I E ^ o & c 4 0 ^ 6 VE' • Ti E a o a 0 G - a - sLL cN y U O i 0 0- LaS n a a • H $ ry • g ry z. bo EEF 7L 3 c S 2 E E m^ m2 ` Av O• _ 010 o xENEo I t m' i La �'' off, a ° C k ^ E ii t i n Z' o • ° % E � n ` .0 o ro ; H E A o r - m - t " r v $ a _ 2 F r w r 0 , o` u 3 co 73 w r 2 m' a a C) 0 u(0 CO - w a o Ea o 0 a o f 0 0 0 E e a a a a o 0 0 0 w E 0 0 0 g 0. y n Oc O 0 9 o 0 0 c V e a v a 3 a E a 0 w w 0 0 0 w ; o` ci < e o I _ o n o 0S o a M o 0 0 = O " a o ' o t 0 0 6 E c I a a - Y. o 0 0 a ¢ t w o = m 06 n 0 "= m o ö o < e E 0 E m a p a 5 a p a e x a ° 0o 0 0 E o el; 8 r r E F o La a < w m 0 32 0. E a • 0 ; E O `0 & 0 0 0 o 'e 3 a a• " 9 E a " a o 5 _ 0 F in - 0 0 0 i• ? o o a s w E 0a o a - E a o` 0 E • 0 a 7.o r _ a r o 0 0 _• m • E To < % - - E - ri — S gi E _ 0_ Orn Y p w 0 E 1 E4 En e. E oN 2 o a 0 ' E w n •¢° m' q cE n be a 0 LI c E u ¢¢ y. m .. & CO 0, 2 7 o $ H if 6 LI L 5 e, a & r - m a 2 O a8 • `03h ✓+ 0 rw 0a' s LL } \ \ \ \ \ {\ \\ \ }\ \ \} \c } .e._ I t \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / \ , : } --R f . (§ � \) \ / �/Z } } \ 0. \ \ j \ \, \\ \ 0 Q\ /\ 0 00 . : 0 0 0 c E o 0 0 •E' o 4 o re 0 0 6 <a. X .2I cO E - e J F at 0 E3 a o a 4 a o 0 40 m 0 0 0 0 0 0a 5 m tl 0 r • u - o• c o 0 0 0 0 v - m a 0 e v• E aat0 00 0 a 2 .PCD n 31 UZ O - 0 0 o a x E0 - 3 < cg n e 3 C E 0 a 0 6 EE z o p r z z- r E •2 x0r a I. c a m n 0 ; $ — o a a $ ry _ n _ j o u • - - a 0 _ co V 0 a P U n _ — u 3 - w 3 a 5 r - a n 8 n _ gq- m 'e m z e A n z 0y 2 z _ '[5 m _ w m p U c n n 5 E m'5 M E 2 —E 2 EE f moEc n g222 m aE o f + E m y < U i S COO "28 a inn., n O r )- > m 0 YV - s 2a ¢ d _ 0 3 LL 2 2 a mE r 8 0. c E o 0 o a 0 E • 0 o 0 0 o a e -m E O r E 0 C O o 0 0 a 3 to a o m3 0 0 o` 5 0 CIw 5 2 x r a e0 a0to u to o 0 0 8. 0 " O o f o a - F� o 0 o o a a o ` m co n E E cc t 0 a00 a • p 0 o E m 40 a Lc u • 6 o S e E 0 0 0 E o p z t r o E 3 ? 0 c ¢ e. 0 - a 4 LL p m 2 5 p t 2 r O u ° 0u u 0 ot0 r a q — ry li 0- CO S s' e s a g ? O h ° t 2 0 e ry E >:° E E E i m E o e m E m i rc re m' N 3 5 a E < y P vg u 2 m ¢ u 2O 2i u r m a o 0 0 E E aco as ea a co N m' m' 0 0 o i a. P E c 'e a � E a N E 3 a▪ v v0 co0 CI oO E Q O OD▪ N to q O O 3 e e v c oLc $ ° w 0O m E ii. F N u v E g a • C S 6 N < 2 m m r Q U v g > O m co ▪ E 0 v w C0 m F m m ^ p Em e m n N N 15 2 Hm y G. V U 6 w m m O O E `EE g O E m& O o ry E E p e v wt m 0 CO• ` a N Q LL e E U `o 2 ra o s � • m< co N o0 A - R a E P. ta • u 9 c. u - V E • z $ E & Eo E Y myQ Nm `- '- m _ u — s _ v_ .. ` - Z a r O - _ a r O v PI x - U m• r m • g i o y e S E 0 v N a ▪ E yE@ p c W• ` ^ : 0 o 0 Ln 9 CO N. , ! } 4 4 0 0 0 0 : { N � , - o 0 0 0 co co 0 4 4 C 0 o o v 01 V co 021 2 0 0 0 ad VA tof 15 { / \ \ 0 g Pe t 13 a \ Sbn ! \ ! ; \ I 8m ° 5m t : , / / ,! ; ° ! ; ! ; ,• /! )2ca•/ jg • ! , ! \ / . . j . : = . , . . ; . . . . , 4 , o 0 0 0 o m' m' i n a 4 4 E E O 0 wi CD e 0 O N 3 ry V CN U V C gg �t 4 0Y O 0 0 o CO aCD N CNI ✓ 0 CO CO a G p O LIE 0 in gk 40 t CO '13 - E05 o es a c cd V 3 a u 0 E - m 5 E- V 0 EE to i tr3L 0 .'__ 'e u m m 'g _ $ ? 6 e si e v E E e i -a g » x a s a z ;ri E E E n Nt n a m c E o a' P ? ti 06 3 �'CIIi QCr3 m o a $ -e m o 1: 2 = Q 0 a 4 fi O < — 0 < 4 m 0 w 3 a m 0 i0 W m 15 0 m E a 6 m m E a O O Z O 90 0 n m U 0 a 0 E a a 2 3 2 0 m = 0 V a V O. O 0 2 E g Es oE E o2 E 2 >° E cS m 20 T a O gg t2 8 '7 CI va Rd o 2 i nm 15 a y V U E m a t' Z o a 5 E 2 _ N - = E - m E il A $ _ o a t < v t L 2 Z - 9 m a e = mEa E E a = -.C. a p0E ' u~ ° g n u 5N f0- 02s ° 22 4 ¢ p- uoE COo s z ' a sma ago ? b m s a mama0LLa ms ° E O a ' ¢ F- ¢ Lo a ,.. a 3Z2 m2 < i O3 0 m Ou mww 3 s 3 m' m' 0 0 r Co. WI WI22a. i 4 4 Y m m' m' e CD ti 2 $ Ln o 0 0 X m' m m' m 0I V ' U 0 V C CC a € 4 z m C, S m ca u V en a ca o O O 0 0 2 1 O o F U $ U E 44co 0 O c c g E n o w O o - 9 g NX E ki C CI "e a S 2m z 45 E d a E o 0 p y E 0 co ill $ eS - Q N R m ¢ 071 O No w m w - ¢ W Adwocate2Create Program Program Funding Annual #of Allocation Allocation Request Funding Matching Positions Salary Positions % S % Requests Funds Justification Total: S0.00 0 Fit:0.00 $0,00 FlE: $0.00 $0,00 0.00 Program Staff Allocation Funding Matching Expenses S Request% Funds Justification FICA/MICA $0.00 $0.00 10.00 Total: $0.00 $0.00 $0.00 program Operating Allocation Funding Matching Expenses S Request% Funds Justification Professional $49,249.94 142,949.94 $6.300.00 53 Clients x 1 Care Coordination Assessment x$245.50 Services =41A011.50 53 Clients x 4 Care Coordination Follow (other) Ups x$80.37 _$17,038.44 12 Clients x 1 Mental Health Assessment x$250=$3,000.00(Two extra Mental Health AS5e55men(provided.)10 Clients x 11 Mental Health Sessions x$90-19,900.00 In-Kind Provided for Supplementary debriefings,supervision,client contacts and other contingencies estimated at$100 per client x 63 clients=$6.300 $13.011.50+417,038.44+42.750.00+59,900.004-16,300- 509,249.94 13.011.50+$12,038.44+$2]50.00K9,900.004-16,300-$49,249.94 Total; $49,249.94 S42,949.94 $6,300.00 Subcontractor $49,249.94 $42,949.94 $6,300.00 Total: Ayuda Program Program Funding Annual #of Allocation Allocation Request Funding Matching Positions Salary Positions % S % Request S Funds Justification Total: $0.00 0 FE:0.00 $0.00 FE: $0.00 $0.00 0.00 Program Sten Allocation Funding Matching Expenses $ Request% Funds JuStlflcatlon FICA/MICA 10.00 10.00 $0.00 Total: $0.00 $0.00 $0.00 Program Operating Allocation Funding Matching Expenses S Request% Funds Justification Professional 548,999 52 542,699.52 56,300.00 53 Clients x 1 Care Coordination Assessment x 4245.50 Services =513.011,20 53 clients x 4 care Coordination Follow (other) Ups x 580.37=25,03 2,7 11. Clients x t Mental Health AssessmentlthsSent 52]50)00(Chet Metal nt Health Assessmentionsxprovided.)10Clientsd 11 Mental Health Sessions x 590=gs.su0.00 Ino n,dc Provided for Supplementarycontingencies o debriies es,supervision,client contzx and other connngen :esamatea at per clientx 63 clients=56,300 c e $13,011.004-$17,038.324-$2,750.00459,900.004-56.300- 544,999.72 Total: $48,999.52 442,699.52 $6,300.00 Subcontractor $48,999.52 442,699.52 $6.300.00 Total: Choices Et Al,Inc Program Program Funding Annual Not Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$ Funds Justification Total: $0.00 0 RE',0.00 $0.00 FTE: 40.00 $0.00 0.00 Program Staff Allocation Funding Matching Expenses $ Request% Funds justification FICA/MICA 50.00 50.00 50.00 Total: $0.00 $0.00 40.00 Program Operating Allocation Funding Matching Expenses $ Request% Funds justification Professional $44 427.50 $33,927.50 $10,500.00 20 Clients x 1 Care Coordination Assessment v 4245.50 =$4.910.00 20 Clients x 4 Care Coordination Follow Ups Services C n e.e]=56,429.60 85 Clients x 0 85 Cli Team (other) Conference x 5185,40=515)59.00 85 Clients x 1 Family Team Conference Follow-Up x 580.34=$6.828.90 In-Kind Provided for Supplementary debriefings. supervision,client contacts and other contingencies estimated at 4100 per client x 105 clients=510,500 $4,910.00+56,029.60+515.759.004-$6,828.90+510,500= $44,427.50 Total: $44,427.50 $33.927.50 $10,500.00 Subcontractor $44.421.50 $33,927.50 $10,500.00 Total: Cuban American National Council(CNC) Program Program Funding Annual 0 of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$ Funds justification Total: $0.00 0 ME:0.00 $0.00 FTE: 40.00 $0.00 0.00 Program Staff Allocation Funding Matching Expenses $ Request% Funds Justification FICA/MICA 50.00 $0.00 $0.00 Total: $0.00 $0.00 $0.00 Program Operating Allocation Funding MatcMng Expenses $ Request% Funds Justification Professional $4480.00 44.480.00 $0.00 4 Clients x 1 Supervision Training Services x$224.00= Services $896.00 4 Clients x 64 Employment Sessions x$14.00= (other) $3,584.00$896.00+$3,584.00=$4,480.00 Tett: $4,480.00 $4,480.00 $0,00 Subcontractor $4,480.00 $4,480.00 $0.00 Toa: Get Credit Healthy,Inc. Program Program Funding Annual ft of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$ Funds justification Total: $0.00 0 FEE:0.00 $0.00 FTE: $0,00 $0.00 0.00 Program Staff Allocation Funding Matching Expenses $ Request% Funds justification FICA/MICA $0.00 $0.00 $0.00 Total: $0,00 $0.00 $0.00 Program Operating Allocation Funding Matching Expenses $ Request% Funds Justification Professional $1999.84 $1999.84 $0.00 4 Clients x l Credit Assessment x S199.99=4799.96 4 Services Clients x 2 Healthy Credit Contact x$99.99=$799.92 4 (other) Clients x 1 Healthy Credit Closing x$99.99=5399.96 5799.9649799.97+$399.96=$1,999.84 Toa: $1,999.84 $1,999.84 $0,00 Suls*OnWicbsr $1,999.84 $1,999.84 $0.00 Total: ICFH Program Program Funding Annual *of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$. Funds Justification Mental Health $35,611.00 1 100 $36,611.00 100 $36,611.00 $0.00 Salary:$17.60/hr x 40/hrs wk x 52.00 wits 112 months, Counselor paid biweekly)=$36,611.00 Total: $36,611.00 1 RE:1.00 $36,611.00 FTE: $36,611.00 $0.00 1.00 Program Start Allocation Funding Matching Expenses $ Request°A Funds Justification FICA/MICA 52,601.00 32,801.00 $0.00 Total salaries$36,611'.0265=$2800.74 Workers 5322.17 $322.17 $0.00 Worker's Comp:Total salaries$36,611-0088=$322.17 Compensation Unemployment $79.80 $79.80 $0.00 $7.000'.00114-579.80 Compensation Life and Health S&83%23 $4,838.23 $0.00 Health:$398.00 per month/staff=54,776 Life.Total salaries 536,611'0.0017=$63 73$4,776+562.23= Insurance 54,838.23 Total: $8,041.20 $8,041.20 $0.00 Program Operating Allocation Funding Matching Expenses $ Request% Funds Justification Travel(Other $1,200,00 $1,200.00 $0.00 Staff travel to appointments in client homes. Reimbursement rate of 50.50/mile @ approximately 200 than mileslmonln.200".50'12=51,200 Participants) Utilities 5420.00 $420.00 $0.00 Cellular phone for use in the field.$35 x 1 person x 12 months=$420.00 Supplies $300.00 5300.00 $0.00 Approximately 525.00/month x 12 months(Includes Office) general on ce supplies,copier costs,postage.etc./= $300.00 supplies 5150.00 5150.00 $0.00 Approximately$12.50/month x 12 months(Program books/manuals).=$150.00 (program) Indirect Cost 53,278.00 $3.778.00 $0.00 Staff supervision,as contractually required per Evidence-Based Practice guidelines=53,278,which is 6.55%of the contracted amount. Total: $5,348.00 $5,340.00 $0.00 Subcontractor $50,000.20 $50000.20 $0.00 Total: The Sunshine Method Program Program Funding Annual S of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$ Funds Justification Total: $0.00 0 FTE:0.00 $0.00 FTE: $0.00 $0.00 0.00 Program Staff Allocation Funding Matching Expenses $ Request% Funds Justification FICA/MICA 50.00 $0.00 $0.00 Total: $0.00 $0.00 $0.00 Program Operating Allocation Funding Matching Expenses $ Request% Funds Justification Professional $26,415.00 $26.415.00 $0.00 41 Clients x 1 Tutoring Assessment x$45.00= $1,845.00 Allowing for extra assessment if needed.)39 Services(oClients x 14 Tutoring Sessions x$45.00=$24.570.00 men $1,e4s.og+94s7g.00=$56.415.00 Total: $26,415.00 $26,415.00 $0.00 Subcontractor $26,415.00 526,415.00 $0.00 Total: Grand Total: $225.572.00 5202,472.00 523.100.00 ATTACHMENT C: Data Requirements and Program Progress Metrics The Children's Trust requires collecting ongoing measures on the quantity, quality and impact of service efforts. The purpose of data collection, reporting and analysis is to promote continuous improvement in program quality and participant outcome achievement. Contract-specific reporting requirements are identified in Attachment A- Scope of Services. The Program Metrics tool can be found on the Children's Trust website and it details the components that are regularly reviewed by Trust staff or approved contractors. These components—as well as the way they are rated—are specific to the initiative and can be revised throughout the funding cycle. 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. Data requirements: As applicable, provider is expected to collect and enter demographic, attendance, screening, and assessment data in a timely manner, while incorporating practices that ensure data quality and integrity. Data must be collected using the appropriate tools (e.g., required demographic fields can be found in the Child and Adult Information Forms found on The Children's Trust website) and entered in a timely manner into the Trust' approved data system. All data entered must be reviewed and validated by the provider no later than the 15th of month following the month in which services were delivered. As applicable, provider may also be expected to complete a Program Narrative Report (see initiative specific requirements— including timing—in the Initiative Specific Reporting Requirements in The Children's Trust website) that captures a brief account of the program's successes, challenges, and supports needed. With each submission, the provider attests, based on his/her best knowledge, information and belief, that all data submitted in conjunction with the reports are accurate, truthful and complete. The trust and approved partners shall use and analyze this data for evaluation and strategic planning purposes. Program Progress Metrics: • Compliance Items: Provider shall fulfill all applicable compliance items specified in the safety, administrative and fiscal compliance component in the Program Metrics tool, as well as in the Required Documentation Checklist posted on The Children's Trust website, • Quarterly or Yearly Growth Plan: In partnership with the Contract Manager, the provider will develop and implement Growth Plans up to four times per contract year. A Growth Planning Guidance Document with additional information can be found on The Children's Trust website. Additional Program Continuous Quality Improvement Requirements: Provider must ensure appropriate staff and subcontractors attend various Trust-sponsored or facilitated trainings. Training requirements by initiative are detailed on The Children's Trust website. At a minimum, staff will be required to attend the following annually: • 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, ACT, Project RISE, evidence-based programs, and measurement tools). Attachment D Program-Specific Audit Requirements The Program-Specific Audit must encompass an audit of The Children's Trust Contracts in accordance with Section 0: Records, Reports, Audits and Monitoring 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): I. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts 2. Schedule of Expenditures of The Children's Trust Contracts 3. Notes to Schedule 4. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control over Compliance 5. Schedule of Findings and Questioned Costs At a minimum, the auditor must include the following tests in its 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 Program-Specific Audit Example Requirement Implication a) Internal Controls 1) An auditor's risk assessment A) Controls tested during the financial must include an expectation of statement audit may not consider the operating effectiveness of compliance as it relates to The controls over compliance, and in Children's Trust's Contract. Overall doing so, the assessed control control risk must consider each risk must be assessed at low compliance requirement tested during during the planning stage. If the the Program-Specific Audit. Separate auditor determines a lack of risk assessment procedures and controls and identifies risk of materiality should be performed and material noncompliance that generated for a Program-Specific demonstrates internal controls Audit. 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 b) Budget vs. Actual 1) The approved budget is to A)Test work should include a schedule Expenditures include the original approved identifying each Contract and its Contract as well as any original/ amended budget, monthly approved budget billings, Contract utilization and any amendments/revisions. analytical expectations that may identify any overbillings. i. The current Children's Trust electronic system 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) 1) Requires that the nature of A) If Provider asks to be reimbursed Allowable/Unallowable services and type of costs paid for six (6)field trips to teach children Activities and Costs are in agreement with the social skills, only field trips contractual budget and/or enumerated in either the contractual Common unallowable budget amendment/revision's budget narrative or the contractual costs: Scope of Services and budget Scope of Service will be reimbursed. guidelines. 1. Salary rates, payroll AND/OR B) If the contractual budget, lists a methods and hours Requires that activities program coordinator position at billed that do not match performed or costs paid with The $25.00/hour, the provider must pay original or amended Children's Trust funds are listed the program coordinator and charge budgets. in the contractual budget The Children's Trust$25.00/hour. The narrative or a contractual budget provider cannot substitute funding 2. Fringe benefits billed amendment/revision narrative. identified for the program coordinator to The Children's Trust to any other position. for employees not 2) Any cost or service billed that included in Contract is not approved in the Contracts C) If the contractual budget, lists a budget and are budget is a finding and reported program coordinator's position, with unrelated to the as a questioned cost on the dedicated time charged to The program. Program-Specific Audit Report. Children's Trust program of 25%, the provider must keep records of an 3. Professional services 3) If any cost or service is billed employee's time to substantiate that billed within regular in more than one Contract, and 25%of time was in fact earned and salaries and wages. the billings are in excess of the charged to The Children's Trust total disbursement or approved program. 4. Capital purchases allocation, the expense has been disguised as repairs. overbilled or double billed D) If three Contracts list a program and should be considered a coordinator's total budgeted salary as 5. Sales taxes and tips. finding. $100.000.00 and each Contract will reimburse $35,000.00 (35%), then a 6. Fuel. 4)The Children's Trust funds possible overbilling of 55,000 may must supplement a program; have occurred 7. Food and beverage supplanting of funds is ($35,000.00'3=8105,000.00 or costs for parties, unallowable. A provider may 35%'3=105%Children's Trust salary celebrations, end-of- not use Contract funds to defray allocation). program events, and any costs that the recipient conferences or already is obligated to pay. (See E) If an invoice is submitted to The conventions, unless example F.) Children's Trust that includes food while attending an out- charges for end-of-year parties and of-town conference or celebrations, those costs are NOT convention. allowable per The Children's Trust budget guidelines and cannot be paid 8. Monetary gift cards by The Children's Trust. as incentives. F) If a provider, prior to applying to A detailed listing of all participate in the contracted program, costs and activities committed to purchase 10 new considered allowed and computers for another program, the unallowed can be provider must purchase those 10 viewed in the Budget computers in addition to any other Guidelines form on The computers requested for The Children's Trust Children's Trust program. website. d)Cash Management 1) With the exception of the last A) If payroll is paid on 3/31, it should month of the Contract period, be disclosed in March's monthly invoices must represent reimbursement. costs actually paid during the Contract period (cash basis), B) If payroll is paid on 4/1, but rather than costs incurred or represents time charged in March, it accrued. should be disclosed in April's reimbursement. e) Period of Availability 1) Requires provider to charge AI If the active Contract period extends The Children's Trust grant with from 8/1 through 7/31, and provider only allowable costs resulting expends $250.00 for office supplies on from obligations incurred during 9/30 during said Contract period, that the funding period. expenditure must support program services performed during the Contract term. B)The following items warrant the most attention at the beginning and end of Contract periods: i. Payroll from expired Contracts is not allowed to be billed in the first month of the renewed Contract 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 related Each of the following special provisions to Contract expectations such as must be tested: type of participants served, number of participants served A) Insurance requirements (further and background checks should described in Section K: Insurance NOT be tested as part of The Requirements of this Contract) Children's Trust Program-Specific Audit. The Program-Specific i. Auditor should determine if all Audit is meant to test the fiscal applicable insurance policies viability of the provider. were carried during the fiscal Therefore, certain-Contract year. provisions that support the fiscal viability of the provider should be tested. t B) Proof of tax status (further ) Pdescribed Section Proof of Tax Status of this Contract) ii. Auditor should vouch that applicable documents verifying that all incurred payroll and unemployment taxes have been paid. C) Data security obligation (further described in Section 0: 12 of this 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 and understand any provider monitoring procedures. E) Matching Funds i. In some cases, a required match is contracted. This will be indicated in Section C: Total Funding of this Contract. Verify the applied method the provider uses to satisfy match requirements. Also, verify that provider maintains documentation to back up match requirements. The independent auditor's report shall state that the audit was conducted in accordance with: (1) auditing standards generally accepted in the United States of America; (2) the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and (3) the Program-Specific Audit Requirements listed in The Children's Trust Contract. 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 Sjodln National Sex Offender Public Website http://www.nsopw.gov/eng (Check must have taken place within 30 calendar days prior to the signing of this document.) STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared/CEO/Executive Director) Authorized Provider Representative of (Provider Name) ,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: otFARrMf s'' I •0 I% ATTACHMENT E•2 (,4ENA u '� 1 CHILD CARE MYFI °""" AFFIDAVIT OF GOOD MORAL CHARACTER State of Florida County of Before me this day personally appeared who, being duly sworn, deposes and says: (Applicant's/Employee's Name) As an applicant for employment with, an employee of, a volunteer for, or an applicant to volunteer with , I affirm and attest under penalty of perjury that I meet the moral character requirements for employment, as required by Chapter 435 Florida Statutes in that: I have not been arrested with disposition pending or found guilty of, regardless of adjudication, or entered a plea of nob contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for,any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction for any of the offenses listed below: Relating to: Section 393.135 sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct Section 394 4593 sexual misconduct with certain mental health patients and reporting of such sexual misconduct Section 415.111 adult abuse.neglect,or exploitation o`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 787.04131 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 790.11 5(I) exhibiting firearms or weapons within 1,000 feet of a school Section 790.115(2) (bl 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)02 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 82604 incest Section 827.03 child abuse,aggravated child abuse,or neglect of a child Secfion 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 Chapter 847 obscene literature Section 874.05(11 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 tor 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 offenses) 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 offenses) 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 ATTACHMENT E-3 ��. Child Abuse & Neglect Reporting Requirements 96. All child care personnel are mandated by law to report their ;usoicinns 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 8.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 htto://www.dcf.state.11.us/obuselreoort/. * 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. K memhrt, 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.mvflorido.comlchildca'e 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 Date 20_, I, Print Name of Employee Read and understood the information and my mandated reporting requirements. Signature of Employee ltorfacOty or orge family child core homel Signature of Operator �''nokO •• ATTACHMENT E-4 !AYH FAMILIL$COM BACKGROUND SCREENING & PERSONNEL FILE REQUIREMENTS Place in employee file and attach all background screening documentation. Authority: s. 402.301-319, ES., and s. 435, F,S. Name of Employee: Name of Facility: *Social Security #: Date of Birth: Employment Date: *Pursuant to Chapter 435.05,F.S.,the Deportment'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. Age Group Assigned Education Level Position Classification Type 9 g (check one) (check all that apply) check one) (check one) Child Care Personnel Owner 0-12 Months No High School/GED I Year High School Student Intermittent Personnellunteer DirectorHigh School/GED Other Lead Teacher 2 Years (must 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 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): 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.