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The Children's Trust��� �� - '�/u���~~ 7-5 CONTRACT NO. 903-109 BETWEEN THE CHILDREN'S TRUST AND The City of Miami Beach FOR The Miami Beach Service Partnership 2008-09 THIS CONTRACT, made and entered into by and between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8m Floor, Miami, Florida 33129 and The City of Miami Beach hereinafter referred to as the "Provider" whose address is 555 17th Street, Miami Beach, FL. 33139 states the conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services") for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and the Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from June 1, 2008 through May 31, 2009, subject to funding availability and Provider's performance as expressly provided below. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust this Contract may be renewed twice and with the acknowledgement of the Provider, each renewal may not exceed a term equal to the term of the initial contract, for a total maximum of three (3) terms. In considering the exercise of any contract renewal The Children's Trust in its sole discretion will consider, but is not Iimited to, the following: 1. Provider meeting the performance requirements specified in this Contract. Z. Continued demonstrated and documented need for the services funded; 3. Program performance and fiscal compliance by the Provider that is deemed satisfactory in The Children's Trust's sole discretion; and 4. The availability of funds from The Children's Trust. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. S. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, to this Contract. Provider shall implement the Scope of Services, Attachment A, in a manner deemed satisfactory to "The Children's Trust. Any modification to the Scope of Services shall not be effective until approved, in writing, by The Children's Trust and the Provider. • 2. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for Services in and for the benefit of Miami -Dade County residents. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $499,550.83. The Parties agree that should available funding to The Children's Trust be reduced, the amount payable under this Contract will be proportionately reduced at the sole option of The Children's Trust, with a proportionate reduction in the Services. Provider agrees to adhere to the Budget and Method of Payment outlined in Attachment 3 to this Contract. E. FISCAL MANAGEMENT 1. Double Payments Provider costs or earnings claimed under this Contract may not also be claimed under another 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 by any provider as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided The City of Miami Beach by and currently available from local and state funding sources for the same purpose. Government agencies must certify that they have maintained their previous funding level when applying for additional funding from The Children's Trust. A violation of this section shall be considered a material breach of this Contract. 3. Use of Cost Allocation Methodology Provider attests that no other reimbursement is available or used for invoiced Services unless expressly authorized in writing by The Children's Trust. Provider shall develop and maintain a cost allocation methodology and a copy shall be submitted to The Children's Trust. 4. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 69I-73.002, and is defined for purposes of this Contract as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust for use by another funded program unless it is fully depreciated. Provider must initiate return of such capital equipment to The Children's Trust. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider unless The Children's Trust has approved the retainage of any fees collected by Provider. 5. Assignments and Subcontracts Neither Provider nor The Children's Trust shall assign this Contract to another party. Provider shall not subcontract any Services contemplated under this Contract without prior written approval of The Children's Trust. Provider shall incorporate appropriate language from The Children's Trust contract into its subcontract and shall require that all subcontractors providing services shall be governed by the terms and conditions of this contract. All sub -contracted providers must agree to be monitored by or on behalf of The Children's Trust in the same manner as Provider under the terms of this contract. Provider shall be responsible for all services performed and all expenses incurred with this Contract, including services provided and expenses incurred by any and all subcontractors. It is understood by Provider that The Children's Trust shall not be liable to a subcontractor for any expenses or liabilities incurred under any subcontract and Provider shall be solely liable under the subcontract. Provider agrees, at Provider's sole expense, to hold harmless and defend The Children's Trust against any such claims, demands or actions related to any subcontract. In no event shall The Children's Trust directly provide funds to any subcontractor. All payments to any authorized subcontractor shall be paid directly by Provider to the subcontractor. 6. Religious Purposes Organizations and their faith -based community partners shall not use funds provided under this Contract to support inherently religious activities, such as religious instruction, worship, or proselytization. 7. 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. 8. Adverse Action or Proceeding Provider shall not utilize the funds provided under this Contract or any other funds provided. by The Children's Trust to retain any legal counsel for any action or proceeding against The Children's Trust or any of its agents, employees or officials. F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or The City of Miami Beach 2 Contract #903-109, Resolution 2008-22 proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions, or those of its employees or principals. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents as herein provided. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such 'se does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are bject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the Provider or with any applicable third party who has licensed or otherwise permitted the Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY RIGHTS The Parties understand that this Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, the Provider retains sole ownership of intellectual property developed under this Contract. It is the responsibility of the Provider to pay all required licensing fees if intellectual property owned by other parties is incorporated by the Provider into the services required under this Contract. Such licensing should be in the exclusive name of the Provider. Payment for any such licensing fees or costs arising from the use of others' intellectual property rights must be made by the Provider from funds available under this Contract As applicable under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by the Provider shall have occurred under this Contract if the Provider through action or omission causes any of the following: a. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term The City of Miami Beach 3 Contract #903-109, Resolution 2008-22 of this Contract; b. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; c. Does not furnish the certificates of insurance required by this Contract or as determined by The Children's Trust; d. Does not meet or satisfy the conditions of award required by this Contract; e. Fails to submit or submits incorrect or incomplete proof of expenditures to support 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; f. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; g. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review the Provider's program, including required client data; h. Fails to comply with child abuse and incident reporting requirements; i. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; j. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; k. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; I. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; • m. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; n. Fails to comply with Background Screening, as required under this Contract. 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 the Provider breaches this Contract, and fails to cure any such breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any of the following remedies: The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with the 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, and any judgments entered by a court of appropriate jurisdiction. The Children's trust may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five business days before the effective date of suspension. On the effective date of suspension the Provider may (but shall not be obligated to) continue to perform the services provided for in this Contract, but the Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such services. All payments to the Provider as of this date shall cease, except that The Children's Trust shall continue to review and pay 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. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. 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 the Provider by providing separate written notice to the Provider of each such suspension and specifying the effective date thereof, which must be at least five business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay 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. The Provider shall be responsible for all direct and indirect costs associated with such termination including reasonable attorney's fees. The Children's Trust may terminate this Contract by giving written notice to the Provider of such termination and specifying the date thereof 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 the Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by the Provider with Trust funds under this Contract subject to the rights of the Provider thereto as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been The City of Miami Beach 4 Contract #903-109, Resolution 2008-22 improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the Provider under this Contract, except that The Children's Trust shall continue to review and pay 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 any other contracts entered into between The Children's Trust and the Provider by providing separate written notice to the Provider of each such termination and specifying the effective date thereof, which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay 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. The Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. 3. INSURANCE REQUIREMENTS *Note: City of Miami Beach is entirely self-insured. Except as required by Florida law for government entities, prior to execution of this Contract and as a condition to execution, Provider shall provide to The Children's Trust Certificates of Insurance or, as applicable, a letter of self- insurance indicating coverage applicable to a Florida municipal corporation or written verification (binders) required under this section or as determined by The Children's Trust. The Children's Trust shall be named as an additional insured on all applicable policies. The Children's Trust shall not disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance, letter of self-insurance or written verification (binders) and The Children's Trust has approved such documents. The Children's Trust shall have the rights to review said certificates or letters and if applicable, reasonably require updating of types and amounts of coverage provided upon any renewal of *his Contract. erovider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance for all employees and non -incorporated independent contractors and or consultants of the Provider, as required by Florida Statutes, Chapter 440. The employer's liability portion will be $500,000/$500,000/$500,000 as a minimum. 2. Comprehensive General Liability insurance in an amount not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $ 1,000 are discouraged, unless Provider can provide financials to support a higher deductible. The general liability policy must contain coverage for the following: a) Bodily Injury; b) Property Damage; c) No exclusions for Abuse, Molestation or Corporal Punishment; d) No endorsement for premises only operations. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. 3. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 4. Automobile liability coverage for all owned and/or leased vehicles of the Provider and non -owned coverage for their employees and /or sub -contractors transporting program participants. The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage, but rental cars can not be The City of Miami Beach 5 Contract #903-109, Resolution 2008-22 used in the course of the Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri -county area. 5. Automobile liability coverage for all owned and/or leased vehicles of the Provider and non -owned coverage for their employees and /or sub -contractors not transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage, but rental cars can not be used in the course of the Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri -county area. 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. 7. If applicable, Proof of Property Coverage is required when the Provider has capital equipment paid for by The Children's Trust and said capital equipment is under the care custody and control of the Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Certificate holder must read: The Children's Trust 3150 SW 3'd Avenue, 8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust's Risk Management Division, or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. ,e Provider shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date except for ten (10) days for lack of payment changes. In the event of any change in the Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from the Provider until a new Certificate of Insurance or written verification (binders) of insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require the Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws. 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 the Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies of insurance. K. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust. The Internal Revenue Service (I.R.S.) tax status determination letter; The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after the Provider's :al year end or other appropriate filing period permitted by law; required by applicable law to be filed by the Provider, IRS 941 - quarterly federal tax return reports within thirty - The City of Miami Beach 6 Contract #903-109, Resolution 2008-22 five (35) calendar days after the quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. NOTICES All notices pursuant to this Contract shall be in writing and sent by certified mail to the addresses for each Party appearing on the first page of this Contract, and in the case of notices to The Children's Trust, marked to the attention of its President and CEO. It is each Party's responsibility to advise the other Party in writing of any changes in name, address and/or telephone number. M. AUTONOMY Both Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. It is expressly understood and intended that Provider is only a recipient of funding support and is not an agent or instrumentality of The Children's Trust, and that Provider's agents and employees are not agents or employees of The Children's Trust. N. RECORDS, REPORTS, AUDITS AND MONITORING 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by Provider for not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. 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, 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, which ever is later. 2. Financial audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit performed by an independent audit firm of all its corporate activities and any accompanying management letter(s) or report(s) on other matters related to internal control, for each year during which this Contract remains in force and until all funds expended from this Contract have been audited. This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. If Provider receives a combined total of $300,000 or more from The Children's Trust from this or any other The Children's Trust contract, related to the fiscal year under audit, the Provider agrees to have a program -specific audit relating to The Children's Trust contracts, in addition to the annual financial audit of the Provider's entire organization. This program -specific audit is to encompass an audit of The Children's Trust contract amounts and requires: • Submission of: (a) schedule of total expenditures, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) summary of schedule of prior audit findings, (c) disclosure of any significant finding(s) relating to The Children's Trust contract(s), (d) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and (e) a recommendation for a corrective action plan on any finding; • Report whether the schedule of expenditure(s) is fairly stated; • Provide notes to the schedule of expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether the provider has internal controls in place to provide reasonable assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability of financial operations. Format of report is provided in Attachment D. A provider that does not meet the program -specific audit threshold requirement of a combined total of $300,000 or more from The Children's Trust, in the fiscal year being audited, will be exempt from the program -specific audit requirement in the fiscal year that the audit threshold is not met. Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of States, Local Government and Non -Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit The City of Miami Beach 7 Contract #903-109, Resolution 2008-22 t - the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's ,reports and the corrective action plan when the schedule of findings and questioned costs prepared by the independent auditor discloses audit findings. In the event that the independent auditor does not disclose audit findings, Provider shall provide written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. Audit extensions may be granted in writing by The Children's Trust, after proper approval has been obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by the Provider. 3. Access to records 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 at The Children's Trust's expense. Provider shall provide access to all of its records which relate to this Contract at its place of business during regular business hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust to insure compliance with applicable accounting and financial standards, including access by The Children's Trust or its designee, to Provider's independent auditor's working papers for complying with federal, state or local requirements. 4. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the subject of this Contract including any subcontracts under this Contract using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. 5. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child/family served. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans, outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the audit and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by the Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening results, job descriptions, 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) participant consent and information release forms; (7) agency policies and procedures; and (8) such other information related to Service provision as described in Attachment A; all upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. The City of Miami Beach 8 Contract #903-109, Resolution 2008-22 7. Confidentiality ,Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. 8. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Contract. This includes, but is not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. O. 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. P. GOVERNING LAW & VENUE Tris Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida .hout regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. Q. EMPLOYEE BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Horida Department of Law Enforcement (FDLE), VECHS Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. In addition, an Attestation of Good Moral Character must be completed annually for each employee, volunteer, and subcontracted personnel who work in direct contact with children. The Provider shall re -screen each employee, volunteer and/or subcontractor every five years. All provider personnel or sub -contracted agency personnel assigned to work at a site where they have access to children shall have a Level 2 screening. R. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, the Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by the Provider. REGULATORY COMPLIANCE The City of Miami Beach 9 Contract #903-109, Resolution 2008-22 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of the Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 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 prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, www.miamidade.00v/ethics/library/Ethics-Brochure-2005.odf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. 4. Compliance with Sarbanes-Oxley Provider shall comply with the following provisions of the Sarbanes-Oxley Act (SOX) that apply. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation (SOX, Section 1512 of Title 18, USC). Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse (SOX, Section 1513 of Title 18, USC). 5. Licensing The Provider shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurance, permits and accreditations, required by the State of Florida, Miami -Dade County, The Children's Trust or the federal government. 6. Proof of Policies Provider shall keep on file copies of its policies on non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. 7. Incident Reporting Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1 -800 -96 -ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both the The City of Miami Beach Contract #903-109, Resolution 2008-22 10 Provider and its employees. Provider shall complete an incident report in the event of any serious bodily injury to anyone within the scope of this Contract or arising out of the performance of this Contract. Provider shall provide written notification of the incident together with a copy of the incident report to The Children's Trust within three (3) working days after Provider is informed of such incident. Provider shall provide written notification to The Children's Trust, within seven (7) days after service on Provider of any legal action which is filed as a result of such an injury. 8. Sexual Harassment Provider shall complete an incident report in the event a client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee arising out of the performance of this Contract and the Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days after service on Provider of any legal action which is filed as a result of such an alleged incident. T. CONSENT 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 will ask participants to sign a voluntary Consent to Photograph and for Communications. The form is available in English, Spanish, and Creole and must be downloaded from www.thechildrenstrust.org. All signed Consent forms will be submitted to the Contract Manager, with a copy filed in the participant's record. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the Consent form. Provider will exercise its best efforts to have each program participant's contact information is current and updated upon exiting the program. U. PROGRAMMATIC DATA REPORTING Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with quarterly -ogram narrative reports in the format to be reasonably specified by The Children's Trust. V. PUBLICITY Provider agrees that events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official The Children's Trust logo is permissible. Provider shall use its best efforts ensure that all media representatives, when inquiring with the Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall distribute a press release announcing that it has been awarded funding by The Children's Trust. Provider shall, if it possesses the appropriate technology, provide a Zink between the website and The Children's Trust's website. W. PUBLICATIONS Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: English: The City of Miami Beach - Success University is funded in part) 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. The City of Miami Beach Contract #903-109, Resolution 2008-22 11 Spanish: The City of Miami Beach - Success University esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de nifios y familias en el Condado de Miami -Dade. Kreyol: The City of Miami Beach - Success University finanse ("in part" or equivalent to be translated into Creole) pa "The Children's Trust". Trust la, ce yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investi bien nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Miami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of the Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." 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. 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: Budget & Method of Payment Attachment C: Reporting Requirements Attachment D: Financial Audit and Financial Report Requirements Attachment E: Performance Improvement Plan No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. 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. [Agency Name] CITY OF MIAMI BEACH 1W4IWAVII-BA 9W CO U NTY,-F LGRI DA— By: ( gnaiJu e of Authorized •�-ntative) JORGE M. GONZALEZ Type or Print Name Date: Approved as to form and legal sufficiency f - 1, -Pr County Attorney The Children's Trus by: . Mtdesto E. A nt/CEO Date: ©6 A;710/( l Date: This contract is not valid until signed by both parties The City of Miami Beach Contract #903-109, Resolution 2008-22 APPROVED AS TO FORM & LANGUAGE & FOR ECUTION 0��N°'/ atom moAr i/ 12 at ATTACHMENT A: Scope of Services The City of Miami Beach Contract #903-109, Resolution 2008-22 Attachment A Scope of Services - Service Partnership Agency Name: City of Miami Beach Program Name: Success University 1. Program Summary: Success University is an integrated service program that partners 11 community agencies to provide Miami Beach youth entrepreneurship training with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success. Success University utilizes the principles of the 7 Habits of Highly Successfully People to create an operating platform that seeks to prepare youth and families for personal success, positive cohesion and economic betterment. Service components include: tutoring, family assessments, home visits, 7 Habits training for youth and their families, Family Conferencing, community service opportunities, MB Helpers training, and entrepreneurship training. 2. Program Schedule: Success University provides after-school and evening programming beginning June 1, 2008 and continues through the end of the school year. Services will be provided after-school at Miami Beach Senior High School, evenings at Biscayne Elementary and evenings and weekends in the participants' homes. 3. Target Population (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): op, Q. Children/Youth 240 Parents/Primary Caregivers 300 Other populations (e.g., staff professionals, general 120 public) ► Children/Youth - Participants attend Miami Beach Senior High School and reside within the City's North Beach neighborhood (33141). Participants are aged 13 to 18 and predominantly have indicators showing them to be at -risk as demonstrated by school absences, family stability, and economic/social attachment to community. ► Parents/Primary Caregivers - Represent the parents and/or caregivers for the targeted children/youth. These adults serve as head of household and/or live within the participants' home. ► Other Populations - Participants are encouraged to include friends, extended family, teachers and others in addition to their family members when engaging in the Family Team Conferencing. For the home visits and 7 Habits f Highly Effective Families programming, services will be provided to everyone that resides in the home with the youth clients. 4. Service Locations: ?'rovideir,t±tairn=- Choices Et AI, City of Biscayne Elementary Miami Beach, South Florida Center for Family Counseling & Unidad of Miami Beach Aspira of Florida, Junior Achievement, & Unidad of Miami Beach 800 - 77"' Street Miami Beach Senior 2231 Prairie Avenue High School The City of Miami Beach Contract #903-109, Resolution 2008-22 Miami Beach Florida 33141 Miami Beach Florida 33139 14 5. Service Delivery: TYPE 1 ACTIVITIES (3 or more contacts with participants) Home visits (1 home visits p/month x 1 hour each x every 3 months for a total of 4 visits per year): Case worker home visits, intake & assessment, development case plan, provision of referrals when applicable and educate family on service elements of program. Visits 2-4 to asses family progress, service audit, and identify and identify follow-up issues/needs 7 Habits of Highly Effective Families (Two modalities are offered. 4 sessions x 2 hours each) - Sessions will be offered Monday through Thursday, 7pm — 9pm and will address content as indicated below: * The 7 Habits of Highly Effective Families are: 1. Be Proactive - The idea is to base your reaction on principles and values rather han on moods and conditions. . Begin With the End - The creation of a ramily mission statement and values. 3. Put First Things First - The focus is to have behavior driven by purpose instead of agendas or external forces. 4. Think Win -Win -The goal is to cooperate and find solutions that incorporate the "we" instead of the "I." 5. Seek First to Understand and Then to Be Understood - This habit enforces the need to understand each other prior to pushing forth one's own agenda or values. 6. Synergize - Synergy follows the win- win mindset and adheres to the need to first understand to then be understood. With synergy, differences are celebrated. 7. Family Renewal - The focus is to promote family time and bonding to renew the spirit of family and, therefore, keep it from growing apart. *Because services are being offered during traditional mealtimes, meals will be provided to encourage full family participation. 7 Habits of Highly Effective Families (Two modalities will be offered: 1 session x 7 hours. Sessions will be offered all day Saturday and will address content as indicated below* * The 7 Habits of Highly Effective Families -e: 1. Be Proactive - The idea is to base your reaction on principles and values rather than on moods and conditions. The City of Miami Beach Contract #903-109, Resolution 2008-22 South Florida Center for 240 youth, 300 parents 204 youth, 255 Family Counseling & & 120 siblings or other parents, 102 2 Unidad of Miami Beach family members siblings City of Miami Beach; Maggie Pacheco City of Miami Beach; Maggie Pacheco 120 youth, 150 parents 102 youth, 127 3 (2 -hour & 60 siblings or other parents, 51 sessions) family members siblings 120 youth, 150 parents 102 youth, 127 & 60 siblings or other parents, 51 1 family members siblings 15 2.'Begin With the End - The creation of a family mission statement and values. Put First Things First - The focus is to ,ve behavior driven by purpose instead of agendas or external forces. 4. Think Win -Win -The goal is to cooperate and find solutions that incorporate the "we" instead of the "I." 5. Seek First to Understand and Then to Be Understood - This habit enforces the need to understand each other prior to pushing forth one's own agenda or values. 6. Synergize - Synergy follows the win- win mindset and adheres to the need to first understand to then be understood. With synergy, differences are celebrated. 7. Family Renewal - The focus is to promote family time and bonding to renew the spirit of family and, therefore, keep it from growing apart. *Because services are being offered during traditional mealtimes, meals will be provided to encourage full family participation. Entrepreneurship Training — (Junior Achievement/Aspira) - 12 sessions x 1 hour each after school) The Miami Beach Service Partnership is offering the Signature Program entrepreneurship curricula by Junior Achievement. The curriculum is provided by Junior Achievement and the instruction is provided by Aspira of Florida and Unidad of Miami Beach. The Signature )gram offers entrepreneurship, financial ...eracy, work readiness, life roles, public speaking, communications/presentations, etc. Junior Achievement has been recognized nationally for its impact and success with youth. Community service - Participants will complete a minimum of 10 hours of service. Multiple events will be available for youth to complete their required hours (commencing July 2008). The organization of community service events/activities for students to meet/exceed community service graduation requirements. Service activities are done in conjunction with the MB Chamber of Commerce (Chamber sponsored events) and Miami Dade DERM (environmental impact studies). It is anticipated that the community service activities will occur after youth have received the 7 Habits of Highly Effective Teens and Families. FCAT Preparation — Provision of tutoring services for FCAT preparation. Services will be offered after school 3 times per week, 2 hrs per day, for 18 weeks prior FCAT. Preference will be given to youth participating in the Success University program. However, other youth will be allowed to participate. Attendance will be '-acked for all youth attending, but outcomes be documented solely for those Success University students. The City of Miami Beach Contract #903-109, Resolution 2008-22 Junior Achievement, Aspira of Florida & Unidad of 240 youth Miami Beach Teen Job Corps 240 youth 204 youth 7 of 12 sessions 204 youth 2 sessions 120 youth 100 youth 16 18 out of 54 sessions TYPE 2 ACTIVITIES (less than 3 contacts with participants) 0 Family Conferencing (1 session x 2 hours+ each by December 1, 2008). Family Conferencing engages youth, parents, siblings, friends, teachers and others to identify and qualify ways in which they could support the youth's personal goals. This process has been successfully used by the state's juvenile judicial system to reduce recidivism and promote positive behaviors. During the conferences, priorities and values are defined and roles are ascribed to attendees to ensure achievement or support of identified goals and values. The resulting contract establishes the framework upon which all subsequent services are provided. 7 Habits of Highly Effective Teens (1 session x 8 hours by March 1, 2009). 7 Habits of Highly Effective Teens is a one day, 8 -hour training that addresses the 7 Habits as they relate to teenagers and their goals, values and aspirations. Its language is geared towards teenagers. IB Helpers Training (youth). MB Helpers, ,iodeled after Natural Helpers, addresses empowering people to become change agents within their homes, neighborhoods and schools by recognizing when someone is in trouble, knowing where needed resources are located within the community, and connecting needy people to needed services/resources. The training, utilizing the 7 Habits as a training platform, covers empathic listening, referrals and cultural competence in service delivery. The youth program focuses on youth issues such as addiction, relationship problems, familial problems, etc. *Because services are being offered during traditional mealtimes, meals will be provided to encourage full family participation. MB Helpers Training (caregiver). MB Helpers, modeled after Natural Helpers, addresses empowering people to become change agents within their homes, neighborhoods and schools by recognizing when someone is in trouble, knowing where needed resources are located within the community, and connecting needy people to needed services/resources. The training, utilizing the 7 Habits as a training platform, -overs empathic listening, referrals and Itural competence in service delivery. The adult program focuses more time on economic problems. The City of Miami Beach Contract #903-109, Resolution 2008-22 Choices Et Al, Inc., South Florida Center for 240 youth, 300 parents & 120 Family Counseling & Unidad other family members of Miami Beach City of Miami Beach & Maggie Pacheco Aspira of Florida & Unidad of Miami Beach City of Miami Beach 240 youth 240 youth 24 parents/caregivers 240 15 8 2 17 Health screenings for youth participants (1 medical encounter per participant) ,9cause services are being offered during iditional mealtimes, meals will be provided to encourage full family participation. TYPE 3 ACTIVITIES (Other deliverables that are not direct services) Miami Beach Community Health Center 240 youth Public Service Announcement. One PSA will be developed and broadcast on City of Miami Beach Channel 77 for a month. The purpose is to bring awareness about the program and recruit participants. Recruitment events at youth -serving organizations/locations with the objective of Aspira of Florida recruiting eligible youth for the program. It is expected that Aspira will complete Unidad of Miami Beach 17 presentations/recruitment events and Unidad 1. 6. Performance Measure: Provider shall measure outcome achievement and report on a basis as outlined contract. Service Provision Outcomes: Increase school attendance Increase academic achievement Increase family attachment Enhanced entrepreneurial and leadership skills 75% of youth will experience a 10% reduction in school absences compared to prior school year 75% of youth will experience a 5% increase in academic achievement as measured by Grade Point Average 85% of youth and parents will experience at least a 10% increase in resiliency and family attachment 85% of youth will increase entrepreneurial skills and community resource knowledge Partnership Outcomes: °;:O�itcaine , Outcome Iridicato School Attendance Report (M-DCPS) Report cards (M-DCPS) 7 Habits of Highly Effective Families Pre- & Post Test Entrepreneurial knowledge/skills surveys; MB Helpers skills survey easurem4- >bn�nts.�e ;e Prior school year (benchmark); Every 9 weeks; End of school year Prior school year (benchmark); Every 9 weeks; End of school year Before and after trainings Before and after trainings 04 ItAL irnin 2.0,1r11Mste'yec Improved systems of care within North Beach neighborhood • 100% of Partnership members will have an executed Memoranda of Understanding • A Govemance Structure is established • The Partnership will meet regularly to address collective concerns via its Governing Board meetings • 100% of Partners will have at least one staff member trained in MB Helpers The City of Miami Beach Contract #903-109, Resolution 2008-22 • Executed MOUs • Adopted Policies & Procedures & Governance Structure • Governance Board meeting attendance sheets • MB Helpers Training Attendance sheets 240 1 18 events in Attachment C of this 7 Habits of Highly Effective Teens; 7 Habits of Highly Effective Families; Family Team Conferencing; FCAT Preparation 7 Habits of Highly Effective Teens; 7 Habits of Highly Effective Families; Family Team Conferencing; FCAT Preparation 7 Habits of Highly Effective People; 7 Habits of Highly Effective Families; Family Team Conferencing Entrepreneurship training; MB Helpers Training; 7 Habits of Highly Effective Teens; Community Service • Upon execution o contracts • Upon creation of Partnership • Monthly Governance Board meetings • Me Helpers trainings offered at least once each quarter ctiuities :e rC pry .k • Intake & assessment ■ Family Team Conferencing • 7 Habits of Highly Effective Families • Home visits 18 • 100% of Partners will receive a Partnership Performance Rating of 80% or greater at least 3 of 4 quarters of operating year ■ Partnership • Quarterly (using monthly Performance Ratings progress reports) (measuring service levels, partnership participation, etc.) 7. Staff Qualifications: Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Trust's satisfaction. 1 — FT Division Director 1 -FT Program Coordinator 1 — FT Case Worker 2 2— PT Case Worker 2 1 -PT Employment/Job Specialist Bachelor's or greater in Public Administration or other related field and at least one year community involvement experience. Bachelor's or greater in Public Administration or other related field and at least one year community involvement experience. See attached job description. See attached description. See attached description. 8. Best practices Family Training Youth Training Family Empowerment/Support Entrepreneurship Training The City of Miami Beach Contract #903-109, Resolution 2008-22 Overall project management; vendor contract management; 7 Habits of Highly Effective Families training; 7 Habits of Highly Effective Teens training; MB Helpers training Day-to-day program supervision, contractor supervision, and program report preparation. Data Tracker management, referral tracking, client file verification & auditing Position will provide transportation to youth and their families to Family Team Conferencing and 7 Habits of Highly Effective Families as well as: pick-up and deliver participant meals, ensure document completion by attendees during aforementioned sessions, provide supervision and activities for family members between 3 and 6 years of age, and man a referral services desk during these events to facilitate access to community-based services for participating families. Position will provide transportation to youth and their families to Family Team Conferencing and 7 Habits of Highly Effective Families as well as: pick-up and deliver participant meals, ensure document completion by attendees during aforementioned sessions, provide supervision and activities for family members between 3 and 6 years of age, and man a referral services desk during these events to facilitate access to community-based services for participating families. Related Best"Practifce IN;o°deJ 7 Habits of Highly Effective Families 7 Habits of Highly Effective Teens Family Team Conferencing Junior Achievement Signature Program 19 ATTACHMENT B: Budget & Method of Payment The City of Miami Beach Contract #903-109, Resolution 2008-22 20 ATTACHMENT B FISCAL REQUIREMENTS, BUDGET & METHOD OF PAYMENT Advance payment reauests The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall be limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment 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(s). Advanced funds if not used shall be invested by the provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance oavment Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by the Provider in order for an extension request to be considered by The Children's Trust. Budaet revisions Budget revision(s) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the aopropriate form, as determined by The Children's Trust. The Provider must request a budget revision to add, delete, i/or modify any line item(s). Budget revisions can not exceed the contracted amount. Budget revisions will be uicorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract award. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; the Provider shall be paid in accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Invoice Requirements The Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. The Children's Trust reserves the right to request any supporting documentation. A final request for payment (last payment) from the Provider will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such ` nds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding if in .ordance with this Contract. The City of Miami Beach Contract #903-109, Resolution 2008-22 21 If the Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the Contract, The Children's Trust may amend the Contract to reduce the amount of dollars- Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for •'nder-serving participants in accordance with the Contract. in order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements set forth in this Contract and must be submitted on the forms as prescribed by The Children's Trust. Requests for payment and/or documentation returned to Provider for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required documentation. In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Children's Trust. The Children's Trust shall retain any payments due until all required reports or deliverables are submitted and accepted by The Children's Trust. Supporting Documentation Requirements Provider shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Contract, and shall make all such records available to The Children's Trust upon request. The Provider shall maintain records documenting actual expenditures and services provided according to the approved budget and scope of services as required. The City of Miami Beach Contract #903-109, Resolution 2008-22 22 GENERAL INFORMATION Organization Name: Agency Fiscal Year Begins: Program Title: AGENCY BUDGET Agency Source of Funding City of Miami Beach Success University Trust Grant Amount Requested Trust Other Funding Miami -Dade County Grants(Local) Federal Grants State Grant Foundations/Charitable Funds Cash/Fees/Other Revenue In -Kind Contributions Total Annual Agency Budget Attachment B, Contract #903-109, Resolution #2008-22 Areas in Blue to be completed by the Agency 1 -Oct (for example: July 1) Program Budget 499,550.83 Agency Budget 499,550.83 93,891.70 93,891.70 593,442.53 $ 593,442.53 % of Agency Budget 84.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 15.8% 0.0% 0.0% 0.0% 100.0% 23 E z u m W Areas in Blue to be completed by the Agency Justification O L x 0 N 0 O C O C O O o. o c . c to c 0 0 0 v 0 i C 13 > L C C o 0 O v m a o d d o W d • E O W m E a • W • 8 5 " J a d tan vi J O 0 0 W O C W as C • d 2�c- X _N=� CdIY C OL UI —O C` O C C •- k Zvi a '� V. t2 ma.,hoga a! 0 v1 to - a1 L � 0 L , a7 ) n ._ _,E E M1 '6 11 a7 0 � al M u m yam. N o a v fi N a rgi .Z. Z m ▪ C Yl C UI v N '^ C .U_I v V N C N F: o. E EmZm— EmZo¢oY u EtL" u▪ Ei m aln.t a cla'af"',1 c a 0 in ..- ).-?“15'M N U W N a O1 �n 2 .?t-151,45 T T 2 c v m �a d o c v c m y c 6Eti u otv m ow•ca p> w a1 0-4'� m 2000E aOoOtuy o )>o" 0 a c 0 `n O :0 c O p c u L cW IQ a•-000LrW m o >3 Olj 3_>3 2ai oo 3 o vO > L v ° m o L ° E m o' E a' o L na w c w to c v c c x2,m, fix mc,Eam y;Ea _0 c O • : a aD „ c m E' c 0) E 0'm 8 LL O� N ar N F �. ' N�T 6 '177%>>,'n" >. N Ev.r> •u t_y _VEc Oy aomo�oO'i °m,Eo0, 'O-mm'W^�w E0 +R u to u 41 iR a n w �r N a n w.2 44 u w E 0 ,-1 0 .a -I 0 M 0 00000000 0 0 0 0 0 0 0 p M ON00,0 0 0 INO 0 0 0 O 6 6 n O tri ci 6 6 06 0 0 6 0 0 pj ri a O 6 O 0 0 IA N M LI') r .Pi .Mi O M M Oi r:a a tD N W n r. N e a m o In 0 0 0 .1 0 .+ O .+ $14,758.37 `.O 0 .' N 00 N 0 0 0 0 0 0 0 0 0 0 00 .moi ,� O C 0 0 0 W ,.4 Ooo0Qo000o n °0 0 o 0 0 0 0 0 0 0 0 0 0 p ca Oi Oi o Ili ri o o co Irl O '" •'I .moi O r01 M N Ia' rsi ▪ 0 N V1 t0 at v O1 IO Ipcii w 0 0 O OO O N 14/ o b ti o,4 CO CO CO N •-1 M M I! O N N OND N • . V N pi cr.; p q NN V m M ttl y c c O i28N M CD y MM O a aC y F 6 0uOitaa Wz>. n v m O W 0 '0 62 - ay z M E • o E `� u. N F P P Wn J F li aF O r v LL h u E W — i= z W m h > C t W u n O al 5. a z f c E w to v y SCi Z' m u w- L m ..it3� rTOi Program Coordinator Case Worker Case Worker (2) Employment Specialist/Job Coordinator Attachment B, Contract #903-109, Resolution #2008-22 N N me y d a mS al a u E $ urn 0 4 VI El -1.: u X p ^ ° +h C 'O O o.+ x VA a N ^ a� ✓ t d O a N y �' Oto m % R X a .0 t' t i i A � 13 7 �'� m T+L aW '',0 p O > a o N ''°' C ' E SB A ;7 cm. X �,L x N p'. ou w ?,c o ,n.✓�t `. v L N a o p e s C ,-t 7a0 Dy s .9 V a O I g ,,„..-1,:04,, 1 N O 'p ,y G N O �1 6 '' U .wi p y a4 V..,r D :��t=*dsbd� ,-.0 i^i, _ u O '41. S e 7 e1 o.oa ri,$a 4 i4 cLOo ua Y m� ° u mu' �+ d a yu_c A �+ oa No G�+a ...% t• N N 0 O 0 0 0 0 0 w tr p 0 "w c 3 0 a t N 7o OouO io f 6 1.0 m c 4 ATTACHMENT C: Reporting Requirements The City of Miami Beach 27 Contract #903-109; Resolution 2008-22 Attachment C Programmatic Data Reporting Requirements Contract No. Agency name: The City of Miami Beach Program name: Success University The Provider shall submit to The Children's Trust individual participant demographics, attendance, additional output information, and outcome data, as noted in the Scope of Service (Attachment A). Reporting will include direct submission of information into the electronic web -based reporting application (Data Tracker), as well as standard paper reports, as noted below. DEMOGRAPHlCS.Al7ENDANCE&OTHEKOUTPUTS(e|ectnonicneporUng|nData Tracker; requires attendance at training and user login) Activities with 3 or more contacts with the same participant will enter: • Participant Demographics (including all the items noted below), shall be entered within seven (7) days of entry into the program. All participant demographics shall be updated on an ongoing basis if and when new information is collected. • Participant Attendance shall be entered by the fifteenth (15th) day of the month following the end of each month, exclusive of legal holidays or weekends, Activities with less than 3 contacts per participant: • Dates, number served, and locations (address and zip code) for each service activity delivered. • Monthly updates on the status or percent achieved toward other products or materials noted in the Scope of Service. OerooqneohiCs reauired for Darticioants with 3 or more contacts: • Is participant a parent? (yes/no) • Name (last, first, middle initial) • St[eetAddress City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • Preferred Language (primary spoken in home) (English, Spanish, Haitian Creole, Other) • Adult's Highest Grade Completed • Child's Social Security # (n/a for adult participants) • ChiId's Miami -Dade County Public Schools ID Number (n/a for adult participants) • Child's Current Grade Level (n/a for adult participants) • Child's Current School (n/a for adult participants) • Does child have a disability? (yes/no) • If disabled, what type? (Autism, Chronic Medical Condition, Emotional and/or The City of Miami Beach 28 Contract #903-109; Resolution 2008-22 Behavioral Disorder, Hearing Impairment, Learning Disability, Mental Retardation, Physical Disability, Visual Impairment, Other) OUTCOMES & NARRATIVE REPORTS (Paper Reporting - Excel and Word Documents) • Outcomes Measurement and Results (Excel spreadsheet reports customized for each program/provider, based on current contract Scope of Service)—due monthly by the 15th of each month for the previous month. • Quarterly Program Narrative Report (using standard Word document format provided by The Trust) captures a BRIEF report of successes, challenges and supports needed—due quarterly by the 15th of the month following the end of the quarter. SCHEDULE OF REPORTS DEADLINES Required Report Outcomes Measurement and Results (Excel) Data Tracker Electronic Reporting of Demographics, Attendance, and other outputs Quarterly Program Narrative Report (Word) Reporting Due Date Frequency Monthly By 15th of each month for the previous month Monthly By 15th of each month for the previous month Quarterly For June, July and August - DUE September 15th, 2008 For September, October, and November - DUE December 15th, 2008 For December, January, and February - DUE March 15th, 2009 For March, April, and May - DUE June 15th, 2009 The City of Miami Beach 29 Contract #903-109; Resolution 2008-22 Attachment D Financial Audit and Financial Report Requirements The auditor's report(s) as to the program specific audit shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children's Trust contract and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the provider is presented fairly in all material respects in conformity with the stated accounting policies; An opinion (or disclaimer of opinion) as to whether the schedule of expenditures is presented fairly in all material respects in conformity with the stated accounting policies; A report on internal control related to The Children's Trust contract, which shall describe the scope of testing of internal control and the results of the tests; A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's Trust contract that includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs. The City of Miami Beach 30 Contract #903-109; Resolution 2008-22 Attachment E Performance Improvement Plan The City of Miami Beach 31 Contract #903-109; Resolution 2008-22