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Michelle Rydalch for Youth Services Agreement~oo~ ~~s_ ~'~~ ~rN~~~~ PR(hFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MICHELLE RYDALCH FOR YOUTH SERVICES RELATED TO THE CITY'S SERVICE PARTNERSHIP INITIATIVE THIS AGREEMENT made and entered into this 1st day of June, 2008, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and Michelle Rydalch (hereinafter referred to as Contractor), whose address is 9181 Froude Avenue, Surfside, Florida, 33154. SECTION 1 1.1 DEFINITIONS Agreement: This Agreement between the City and Contractor, and any exhibits and/or attachments hereto. City Manager: The Chief Administrative Officer of the City. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement, as described in Section 2 and Exhibit "A" hereto. Fee (Compensation): Amount paid to the Contractor to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673-7023. 1 SECTION 2 SCOPE OF WORK (SERVICES) The Contractor will provide academic tutoring services for up to two hundred forty (240) youth and their families in accordance with The Children's Trust Miami Beach Service Partnership Grant, dated June 1, 2008. The scope of work to be performed by Contractor is further detailed in Exhibit "A," entitled "Scope of Services." The Contractor shall report to the City of Miami Beach, Neighborhood Services Department, Office of Community Services, Division Director. SECTION 3 COMPENSATION 3.1 FIXED FEE Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit "A", as follows: (a) Tutoring services for up to two hundred and forty (240) youth for up to Two Hundred and Sixteen (216) Hours at Thirty-Two Dollars and Thirty Cents ($32.30) each, for a maximum not to exceed Six Thousand Nine Hundred and Seventy-Six Dollars and Eighty Cents ($6,976.80). Contractor's compensation shall be further subject to and conditioned upon all or any portion of the Services to be provided herein being allowable and within the Scope of Services delineated in Exhibit "A". Notwithstanding the preceding, Contractor's total compensation during the term of this Agreement shall not exceed the maximum allowable sum of Six Thousand Nine Hundred and Seventy-Six Dollars and Eighty Cents ($6,976.80). 3.2 INVOICING Contractor shall submit monthly invoices, a Monthly Progress Report, and accompanying Monthly Progress Submissions Checklist & Summary Form, as set forth in Exhibit "B", which includes an itemized, detailed description of the Services, or portions thereof, provided (including the clients served) and cost(s) for same. Invoices and supporting documentation shall be submitted to Maria L. Ruiz, Division Director, Office of Community Services, 1700 Convention Center Drive, Miami Beach, Florida, 33139. 3.3 METHOD OF PAYMENT Payments shall be made within thirty (30) days of the date of invoice, in a manner satisfactory to and as approved and received by the City Manager and/or his designee, who shall be the Division Director, Office of Community Services. 2 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT (TERM) The term of this Agreement shall commence upon execution of this Agreement by all parties hereto, and shall terminate on May 31, 2009. 4.4 TIME OF COMPLETION The Services to be rendered by the Contractor shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to execution of the Agreement by the parties, and shall be completed no later than May 31, 2009. 4.5 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Contractor's obligation under this Subsection shall not include the obligation to 3 indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of this Agreement and shall grant Contractor seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days' notice to Contractor, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THIS AGREEMENT AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ANY FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS PREPARED AND OR OTHERWISE COMPILED BY CONSULTANT PURSUANT TO ITS PROVISION OF THE SERVICES CONTEMPLATED IN SECTION 2 AND IN EXHIBIT "A", SHALL BE 4 PROMPTLY ASSEMBLED AND DELIVERED TO THE CITY, AT CONSULTANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS SOLE DISCERTION, UP TO THE DATE OF TERMINATION; PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONSULTANT SHALL HAVE DELIVERED ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.6.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, as applicable, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Contractor under the Agreement until the Contractor complies and/or cancellation, termination or suspension of the Services and/or the Agreement. In the event the City cancels or terminates the Services and/or the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Any changes and additions to the terms of this Agreement shall be by a written amendment, signed by the duly authorized representatives of the City and Contractor. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by the parties hereto, and approved by the City. 4.8 OWNERSHIP OF DOCUMENTS Any changes and additions to the terms of this Agreement shall be by a written amendment, signed by the duly authorized representatives of the City and Contractor. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by the parties hereto, and approved by the City. 5 4.9 AUDIT AND INSPECTIONS Upon 24-hour's written notice, the City Manager (on behalf of the City) and/or such authorized representatives as the City Manager may deem to act on the City's behalf, may, during Contractor's normal business hours, audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and any and all other data and/or records and/or documents relating to all matters covered by this Agreement. Contractor shall maintain any and all such records, as necessary to document compliance with the provisions of this Agreement. 4.10 ACCESS TO RECORDS Contractor agrees to allow access during normal business hours to all records including, without limitation, Contractor's financial records, to the City and/or its authorized representatives, and agrees to provide such assistance as may be necessary to facilitate audit by the City and/or its representatives, when and as the City Manager, in his sole and reasonable discretion, may deem necessary to ensure compliance with the provisions of this Agreement including, without limitation, as they pertain to any financial audits (with applicable. accounting and financial standards). Contractor shall allow access during normal business hours to any and all records, forms, files, and documents which have been generated in performance of this Agreement, by the City and/or its authorized representatives. 4.11 INSURANCE REQUIREMENTS The Contractor shall not commence any work and/or Services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been reviewed and approved by the City's Risk Manager. Contractor shall maintain and carry in full force during the term of this Agreement the following insurance: 1. Contractor General Liability, in the amount of $1,000,000. 2. Contractor Professional Liability, in the amount of $200,000. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. All insurance required hereunder must be furnished by insurance companies authorized to do business in the State of Florida. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager at the Office of the Risk Manager of the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. 6 The Contractor is solely responsible for obtaining and submitting all insurance certificates for its sub-contractors. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. All of Contractor's certificates, as required in this Section 4.11, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The Contractor shall not commence any work and/or Services pursuant to this Agreement until the City's Risk Manager has received, reviewed and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.12 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City Manager which consent, if granted at all, shall be at the Manager's sole and absolute discretion. 4.13 SUB-CONTRACTORS The Contractor shall be liable for Contractor's services, responsibilities and liabilities under this Agreement, and the services, responsibilities and liabilities of sub-contractors, and any other person or entity acting under the direction or control of Contractor. When the term "Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Contractor. All sub-contractors must be approved, in writing by the City Manager, or his designee, prior to their engagement by Contractor (which approval, if granted at all, shall be at the Manager's sole discretion and judgment). 4.14 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital 7 status, or physical handicap. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation, as applicable. 4.15 NO CONFLICT OF INTEREST The Contractor agrees to adhere to and Miami-Dade County Conflict of Interest Ordinance, time to time; and by City of Miami Beach Code, time to time. be governed by tf as same may be as same may be e Metropolitan amended from amended from The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available in perpetuity to the City, for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Contractor or its employees or subcontractors. 4.17 NOTICES All notices and communications relating to the day-to-day activities shall be exchanged between a project manager appointed by the Contractor and the program coordinator designated by the City Manager, who shall be Neighborhood Services Department, Office of Community Services, Division Director. The Contractor's project manager shall be designated following execution of this Agreement by the parties and prior to commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail. Until changed by notice in writing, all such notices and communications shall be addressed as follows: 8 TO CONTRACTOR: Michelle Rydalch 9181 Froude Avenue Surfside, Florida 33154 (305)733-4085 TO CITY: City of Miami Beach Office of Community Services Attn: Maria L. Ruiz, Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7491 4.18 LITIGATION JURISDICTION/VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of the Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OR ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.19 ENTIRETY OF AGREEMENT This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for incorporation) herein embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1,000. 9 Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: a,: City Clerk FOR CONTRACTOR: ATTEST: By: Witness Print Name Michelle Rydalch, Contractor By: Witness I~ ~ L~~~ Print Name APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION i ome ate 11 EXHIBIT "A" "SCOPE OF SERVICES" The Contractor agrees to provide the following services to youth referred to the Success University program: Service ~~ Documentation of Service Academic tutoring_ _ _ __ ______ ___ _' Attendance Roster, Time Sheet Contractor further agrees to the terms and conditions established by The Children's Trust, the primary source of funds for Success University, as delineated in its Core Contract with the City of Miami Beach, Contract Number 903-109, dated June 1, 2008. Related Definitions: Academic Tutoring -Tutoring can be inclusive of general academic subject matter and curricula or Florida Comprehensive Achievement Test material. Services will be deemed as provided when the following documentation is provided within the noted timeframes: Service Documentation Submission Deadline Academic tutoring 'Attendance Roster, Time 72 hours from completion Sheet Service Deliverables .Service Unit of Service Service Location Timeframe Academic tutoring 12 hours per week Miami Beach Senior Prior to May 30, for up to 240 youths :High School or any :2009 alternate location approved by the Citv Failure to meet contracted service units within the allocated timeframe may result in the City subsequently reducing the Contractor's service level and allocated funding accordingly. If the Contractor is unable to fulfill the contracted service level within the allocated timeframe for each service component, the City reserves the right to reduce service levels accordingly across the funded service spectrum. If the Contractor is unable to fulfill the contracted service level and the City subsequently reduces service and funding levels, the City reserves the right to select another vendor to fulfill the remaining service units. The City will select the alternate vendor at its sole discretion. 12 Evaluation In the continuing effort to ensure programming excellence, clients will be provided with evaluation forms at the end of each programming component to gauge their satisfaction with services provided. The evaluation forms will be provided by the City and must be administered at the following time: • Completion of academic tutoring Master Calendar The Contractor will notify the City of any client appointment or anticipated service delivery at least 72 hours in advance of the appointment or service delivery for inclusion in the Success University Master Calendar that is distributed to all members of the Miami Beach Service Partnership. The Master Calendar will be updated daily and distributed to the Partnership as needed. Monitoring & Performance Reviews The City of Miami Beach reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual compliance. This includes, but is not limited to: • Review of on-site service delivery • Inspection and review of client, budgetary and employee files (for those employees providing services under this contract) The monitoring tool provided by The Children's Trust, "Community and Neighborhood Services System of Care Programmatic Site Visit Form", will be used to guide inspections and monitoring visits. (Copy included herein.) Partner Performance Ratings The Contractor agrees that its Partner Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website upon submission and review of the Monthly Progress Report: • Timely and accurate submission of monthly progress report • Timely and accurate submissions of monthly financial reports (reimbursement requests) • Delivery of contracted service units • Promotion of the Miami Beach Service Partnership • Attendance at Miami Beach Service Partnership Governing Board and related committee(s) meetings Ratings will be given for each performance measure based on the following: 13 Performance Measure Timely and accurate submission of m o n t h ly.._progress..._report....._ ................................................................. ........... Timely and accurate submissions of monthly financial reports (reimbursement requests) Delivery of contracted service units Promotion of the Miami Beach Service Partnership Attendance at Miami Beach Service Partnership Governing Board and related committee(s) meetings Rating Rationale & Score - "0" for failing to submit on time _-...°`20"_for,submitti_n_~..._on time .................................................. ............... - "0" for failing to submit accurate report with back-up material on time - "20" for submitting accurate report on time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Possible score of 0 to 20 based upon completion of monthly projected service units. Score is pro-rated if total projected service units are not met. Possible score of 0 to 20: - Contractor will promote Service Partnership on its website, if applicable (5 points for inclusion on website) - Contractor will display Service Partnership materials and/or poster in service lobby. (5 points for inclusion in lobby) - Contractor will adhere to approved commitments in Service Partnership Marketing Plan (up to 10 points pro-rated for partici ation on commitments ______ _ P __.-..._.____.._______...._........____-) ----....._..__.._.._..__-- Possible score of 0 to 20: 10 Points for attendance at Governing Board meetings; 10 points for Committee attendance Reporting Requirements The Contractor will provide the City with a Monthly Progress Report and reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit B) by the third (3~d) of the following month. In the event that the third of the month lands on a Saturday or Sunday, the report must be submitted the following Monday. Monthly reports and reimbursement requests will be submitted via: • Electronic mail • Facsimile • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled 14 Necessary back-up materials are included (client documentation, expense receipts, time logs, etc.) Reports bear the signature of the person submitting the report on behalf of the Contractor The City will document Contractor service level data and monthly reports via Active Strategy software for inclusion in the monthly report to the Miami Beach Governing Board as well as the City's website. 15 EXHIBIT "B" INVOICING The Contractor agrees to provide the invoicing and services documentation as indicated in the Monthly Progress Report and Monthly Reimbursement Form, as attached to this Exhibit, by the third (3rd) of the subsequent month. 16 Miami Beach ~~~.~~ ~ ~}' ~ Success Univers'irly Initiative Grant Number: Reporting Period: ^ June 2008 D August 2008 O October 2008 O December 2008 ~ February 2009 O April 2009 D July 2008 O September 2008 ~ November 2008 ~ January 2009 © March 2009 O May 2009 Reporting Date: Person Submitting Report: Title: Signature: Vendor Agency: Telephone: E-AAail: Population Served a ~ 0 . a ~' m is Po utativn Se ment ~ a` j Y th ou 0 Parents 0 Other Famil 0 Others p Staff TOTALS 0 PLEASE NOTE: Service Units should reflect non-duplicated persons. The information provided here enables documentation fvr the total number of people benefitting from services. Back-up documentation must be submitted. Financial Summary °~ ~ F- w ~ o ~ c ~ ~ 3 ~ E Cl ~ a '~ V . o c ~ :~ m ~ Service Provided a` v > 'm ~ Communit Service 0 0 Entre reneurshi Trainin 0 0 Fami1 Conferences 0 0 Health Screenin s 0 0 Home Visits 0 0 Intakes 8 Assessments 0 0 M8 Hel rs Trainin 0 0 Meals 0 0 MDTA Tokens 0 0 Tutorin 0 0 TOTALS 0 0 0 Office Use Oniy Date Received: Date Processed for Payment• Grant Number: Reporting Period: O June 2008 D August 2008 O October 2008 O December 2008 D February 2009 D Apri12009 903-109 D July 2008 ~ September 2008 O November 2008 D January 2009 O March 2009 ~ May 2009 Miami Beach Success University Initiative Reporting Date: Person Submitting Report: Title: Signatun;: Vendor Agency: Telephone: E-Mail: rrvgress narrative any difficulties encountered in providing services this describe any success stories achieved this month. Please provide any additional observations or comments related to Suceess University, your service goals or general operations. Exhibit "C" Additional Reporting & Referenced Forms Attendance Log (Generic) Child Abuse Reporting Form Confidentiality Agreement Facilitator Evaluation Form The Children's Trust Contract Dated June 1, 2008 17 U cd 'C L~ N .--~ ..~ U •.. /-~ 7-~ O U cC W x r~ !~ O .~ U ^~ L ~~ ^~ ^~ C .O a..r O ~, Y C (~ L C .~ C .~ N (~ a N N i Q .~ W C O t Q. d H d Z 0 Service Evaluation Form Presenter: Training: Date: Loca tion: Please take a moment to evaluate today's service. Rate each item from poor to excell ent. Your information is used to better improve services. Thanks in advance for your feedbacl~ Content N/A Poor Fair Good Excellent Objective and scope of service ^ ^ ^ ^ ^ Organization of event and agency staff ^ ^ ^ ^ ^ Understandability of communications with staff ^ ^ ^ ^ ^ Relevance of event/service to your objectives ^ ^ ^ ^ ^ Instructor N/A Poor Fair Good Excellent Presentation of information ^ ^ ^ ^ ^ Participation by attendees encouraged ^ ^ ^ ^ ^ Discussions managed well ^ ^ ^ ^ ^ Questions responded to satisfactorily ^ ^ ^ ^ ^ Facility N/A Poor Fair Good Excellent Facility's conduciveness to service ^ ^ ^ ^ ^ Use of technology to enhance the training experience ^ ^ ^ ^ ^ Accessibility to service site ^ ^ ^ ^ ^ Overall Experience N/A Poor Fair Good Excellent Overall experience ^ ^ ^ ^ ^ What was best about the service? What as ect of the service did not meet our ex ectations? m hJJN.~~^!BEACH Child Abuse and Incident Reporting Guidelines Child Abuse Reportincl- As an employee/contractor providing services to the City of Miami Beach's Success University Program, you 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. Incident Reporting - An employee/contractor of the City of Miami Beach's Success University Program shall complete an incident report within 24 hours in the event of any serious bodily injury of a program participant. An employee/contractor of the City of Miami Beach's Success University Program shall complete an incident report within 24 hours in the event a client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by an employee/contractor of the City of Miami Beach's Success University Program. Compliance with these guidelines is a condition of employment and/or contract. I hereby agree to comply with the Child Abuse and Incident Reporting Guidelines. Print Name Signature Date Rev 3/08 m MIA~~1IBEACH Confidentiality Agreement The City of Miami Beach, the Miami Beach Service Partnership and The Children's Trust understand that during the course of your employment you may have access to certain confidential information in order to further the performance of the services to clients. The City of Miami Beach requires all employees who may come in contact with such information to sign the statement below indicating compliance with the Confidentiality Agreement. Compliance is a condition of employment and/or contract. I agree to: • Protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination, or publication of confidential information. • Prevent the disclosure of confidential information to any third party, or to any employee or agency that does not have a need to know such information, which need is related to my current employment or contractual status. • Ensure that any employee or agency that receives confidential information received by you, on behalf of the City of Miami Beach, the Miami Beach Service Partnership, and Partnering agency agrees to the same restrictions and conditions that apply through this agreement with respect to such information. • Document such disclosures of confidential information as would be required by the City of Miami Beach, the Miami Beach Service Partnership, and Partnership agency to respond to a request by an individual for a disclosure. This Confidentiality Agreement imposes no obligation upon the employee/contractor with respect to confidential information which is disclosed under the operation of law andlor disclosed by the receiving party with the client's prior written consent. This Confidentiality Agreement shall remain in full force and effect after your term of employment or contract with the City of Miami Beach, the Miami Beach Service Partnership and Partner agency. I hereby agree to comply with this Confidentiality Agreement. Print Name Signature Date [~~Iia~r~ I~e~~h S~:F~~ice t'artnez°sl~i~~ m~~It:~~re~ file e~isecl t~~,'`}S 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, 8th 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 limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded; 3. Program performance 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. 5. If applicable, The Children's Trust in its sole discretion will initiate re-negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, 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 afl 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 B 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 1 Contract #903-109, Resolution 2008-22 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 use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in 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 pertormance 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 pertorm 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. J. 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 this Contract. Provider will carry insurance policies in the amounts and with the requirements indicated below: 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. 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. 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. 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 ]ersey, 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. The 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 fiscal year end or other appropriate filing period permitted by law; If required by applicable law to be filed by the Provider, IRS 941 -quarterly federal tax return reports within thirty- The City of Miami Beach 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. L. 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 aprogram-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 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 $ 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 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 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 Florida 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. S. 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 ilA 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.gov/ethics/library/Ethics-Brochure-2005.pdf 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 10 Contract #903-109, Resolution 2008-22 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 program 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 link 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 ].1 Contract #903-109, Resolution 2008-22 Spanish: The City of Miami Beach -Success University esta financiado por EI Fidecomiso de los Nirios (The Children's Trust). EI Fidecomiso de los Ninos es una fuente de financiaci6n, establecida por referendum para mejorar las vidas de Winos 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 Wan pwogram kap ameliore la Vi Ti Moun ak fanmi yo Wan 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 9tfNT'Y,-FL~I~iA ~- By: ~--~c (Signa re o thorize epr ntati ) The Children's Trust by: Modesto E. Abety, President/CEO JORGE NI. GONZALEZ Type or Print Name Date Date: Approved as to form and legal sufficiency County Attorney Date: This contract is not valid until signed by both parties APPROVED AS TO FORM & LANGUAGE The City of Miami Beach Contract #903-109, Resolution 2008-22 & FOR CUTION 9' ~c~ qty orne D t~ ATTACHMENT A: Scope of Services The City of Miami Beach 13 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.): 'Totalnumber; of 'unduplicated Population ~ ~, ~'~ , }~,t participants;;h~ ~~-~~ ~ `„~~:(tlescribe; ' ~ - ~ ~ ~ ` ~ ~ i ~ `'` ~ ` ~ ~ `~~ 'r ~~~ `' ~o ~utatlon~below the ~table,~~ ~ '` ~ - ~ ~ .~, ~ . Children/Youth 240 Parents/Prima Care fivers 300 Other populations (e.g., staff professionals, general 120 ublic - 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: Provider Name r, ~.:~ i y,!f7 l Srte Name r.~ 7 1h. - i'ryk 4 - ~ ~ f:L~ Address S h;~ , , ~ .s of-;ny eLV'. ~, Y S kl !~~'~ City',t ~ ~ k i4i .-a 1 2 ~? ~ ,State , t ~y~~. ~ ZIP ~~''++~r}}~~,,~1-!~ ~'~ Y3:'dF'#.{I .it i , i Choices Et AI, City of Biscayne Elementary 800 - 77t~' Street Miami Beach Florida 33141 Miami Beach, South Florida Center for Family Counseling &Unidad of Miami Beach Aspira of Florida, Miami Beach Senior 2231 Prairie Avenue Miami Beach Florida 33139 Junior Achievement, & High School Unidad of Miami Beach The City of Miami Beach 14 Contract #903-109, Resolution 2008-22 5. Service Delivery: TYPE 1 ACTIVITIES (3 or more contacts with participants) ' Activities/Service Name & .Provider Name Total # ;.: t..; Minimum # Expected: _~' ~ Description. (Include~,~ t ~,`} ~~`; r~ ~~ ~~ ,r ~~~" ~ i~'~` 1~u ~t~ '~,~, ~ t °, f7 ?.=y r'}= ~" W : unduplicated ~` sants to z~ ° artja ~ . partici_partts.~u to be served ' Dosage ~.~ Min~mum'# ~..,, frequency, ~~length & duration s ~~ ~ ~ , ~ ~ ~ ~~~ r~ ~~- ~,.,.1 ~ T, p p ~~F. ,,~ .~~, ~ .~.:~. ~ =x.~,~.~, s.~ ; ~ ~ ~t ,~ ~.~ E ,.. _~ . ~~ t~ ~- ~}`: ~ s '~-tis~ ; , f, p h s ~. , ~` ~~~a ~ y . ' ~ ~ i be served ~~^~ , ; ~ ~ ~ ~;('9uidelme ~s,~ ~ 3 ~ ~ ~ of sessions ,~ ~ ,, . 1~ # ~. i e r;,. , t ~ as well as of sess~on ~, ., r ! ~~ rr, ~ ~~h ~ ~;. Yf~ ~ i :, > ~ ~ ~,: ~ -,~ ~,. ~ '~ ~ r .~~ h, ~. : , s (speaf~ f. ,~ rt~::. , ~ :; no~ess~than.,~ ' ,, a -participant; number of cycles expectedto~ k e ti; t, ~r tom, ~ ~,~_ , ~ ~ ' ~ ~ children youth "" o r a ~ ~ ~ 85 /o of "~will~~~a~ ~:.n be offered ~ w_ ~ '~, ~ ~` ~ a ~`~ k, F ,~ _ ~: -v ~{ ~ , ,~ ~~~ ~- ~ , ~ parents o ~• ~ . - ,,~~,~,~~.~ ~ total) , .,. ~4 ~~j , completes', z ~ ~?~ _ ~~ * ? t} ~~ Y r: ,~., ~r ~ r. r~:l ~ ~ r z 3~'%ti '~ ~'h-`:~2f others ~ ~ ~, t ! ~ h 'h t. r `,ti ~:;' U .L ~ -~'. . k~ 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 & South Florida Center for 240 youth, 300 parents 204 youth, 255 assessment, development case plan, provision Family Counseling & & 120 siblings or other parents, 102 2 of referrals when applicable and educate family Unidatl of Miami Beach family members siblings on service elements of program. Visits 2-4 to asses family progress, service audit, and identif and identif follow-u 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 than on moods and conditions. 2. Begin With the End -The creation of a family mission statement and values. 3. Put First Things First -The focus is to have behavior driven by purpose instead of agendas or external forces. 120 youth, 150 parents 102 youth, 127 4. Think win-win -The goal is to City of Miami Beach; & 60 siblin s or other g arents 51 p 3 (2-hour cooperate and find solutions that Maggie Pacheco , sessions) incorporate the "we" instead of the "I." family members siblings 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 encoura a full family artici ation. 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* 120 youth, 150 parents 102 youth, 127 City of Miami Beach; & 60 siblings or other parents, 51 1 * The 7 Habits of Highly Effective Families Maggie Pacheco family members siblings are: 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 15 Contract #903-109, Resolution 2008-22 2. Begin With the End -The creation of a family 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 encoura a full famil arfici ation. 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 Junior Achievement provided by Junior Achievement and the instruction is provided by Aspira of Florida , As ira of Florida &Unidad of P 240 outh Y 204 outh Y 7 of 12 sessions and Unidad of Miami Beach. The Signature Miami Beach Program offers entrepreneurship, financial literacy, work readiness, life roles, public speaking, communications/presentations, etc. Junior Achievement has been recognized nationally for its impact and success with outh. 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. Teen Job Corps 240 youth 204 youth 2 sessions 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 120 youth 100 youth 18 out of 54 University program. However, other youth will sessions be allowed to participate. Attendance will be tracked for all youth attending, but outcomes will be documented solely for those Success Universit students. The City of Miami Beach 1`6 Contract #903-109, Resolution 2008-22 TYPE 2 ACTIVITIES (less than 3 contacts with participants) Activities/Service Name & Provider Name ~ Total, # participants to Total # of sessions `~c "`~`~ ' "' `~` ~'' `~ Descriptiotl~a ,~ ~~ >, ~ ' tr ~ r ~~ t be "served '(specify if' Y~~..,~ ~, y ~ ~~: to be offeredi by z ., .,.. ~,a w~ ,~ ~ ~~ ~ ~ ~ fi, s (Include;3frequency, :length & ~,. ~` ~ F ~s . children outh arents. /Y , P ~, : r ,~ , , rovider • across. P „, ,~ "„~ duratiort~of~`sessions '` ~~ `t~ ~ ~~~~ ~ ~ orsothers) ~ ' k~'~; ~ cycl'es and sites: 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 Choices Et AI, Inc., by the state's juvenile judicial system to reduce South Florida Center for 240 youth, 300 parents & 120 recidivism and promote positive behaviors. Family Counseling &Unidad other family members 240 During the conferences, priorities and values of Miami Beach 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 City of Miami Beach & 240 youth 15 teenagers and their goals, values and Maggie Pacheco aspirations. Its language is geared towards teenagers, MB Helpers Training (youth). 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 Aspira of Florida & 240 youth 8 platform, covers empathic listening, referrals Unidad of Miami Beach 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 famil arfici ation. MB Helpers Training (caregiver). Me 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 City of Miami Beach 24 parents/caregivers 2 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 adult program focuses more time on economic roblems. The City of Miami Beach 17 Contract #903-109, Resolution 2008-22 Health screenings for youth participants (1 medical encounter per participant) Miami Beach Community 'Because services are being offered during Health Center 240 youth 240 traditional mealtimes, meals will be provided to encoura a full famil artici ation. TYPE 3 ACTIVITIES (Other deliverables that are not direct services) .Act Name & Description' - ~ Provider Name ,. . - ~ ~ Count / N umber` 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 1 and recruit artici ants. 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 18 events 17 resentationslrecruitmenteuents and Unidad 1. 6. Performance Measure: Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of this contract. Service Provision Outcomes: = 1 ~ Measurement Timing (when will Associated Activities ' Outcomes ~ . Outcome Indicators ~ ~ r • 5 ~ ~ err ~ ~~: Tooli toolsY~ ~ ,, a be ~h: ~ t e .~ (from ~ i~ Service . ,. ~x . ,. s .,' , . ~;:~ ~ , ~ :,, ... ~ ,.,,. ~ , 1 ~,~ ~.. - U . , ~ J x .,, ~ _, ~, y~ , . ..., administered ,.,r:~'r, * Del've 1 Increase school 75% of youth will experience a School Attendance Prior school year 7 Habits of Highly Effective attendance 10% reduction in school absences Report (benchmark); Teens; 7 Habits of Highly compared to prior school year (M-DCPS) Every 9 weeks; Effective Families; Family End of school year Team Conferencing; FCAT Pre aration Increase 75% of youth will experience a 5% Report cards Prior school year 7 Habits of Highly Effective academic increase in academic achievement (M-DCPS) (benchmark); Teens; 7 Habits of Highly achievement as measured by Grade Point Every 9 weeks; Effective Families; Family Average End of school year Team Conferencing; FCAT Pre aration Increase family 85% of youth and parents will 7 Habits of Highly Before and after trainings 7 Habits of Highly Effective attachment experience at least a 10% Effective Families People; 7 Habits of Highly increase in resiliency and family Pre- & Post Test Effective Families; Family attachment Team Conferencin Enhanced 85% of youth will increase Entrepreneurial Before and after trainings Entrepreneurship training; MB entrepreneurial entrepreneurial skills and knowledge/skills Helpers Training; 7 Habits of and leadership community resource knowledge surveys; MB Helpers Highly Effective Teens; skills skills surve Communit Service Partnership Outcomes: Outcomes < '' ~ '7 ., ~~ u ~' ,'s'r,., ti ,~4~~~~~':~~~ Outcome Indicators i 1(i{ .}.~ s r 1 ,~ `~ ~ ~ ~ ~ '*~; 3 , ,.~ ~~~.~ K~x4F'~"=',`rR. ',~.~ .~ ~.; Measurement s`+,((~,[~y[,,,++ 3- ~ r' - ! ~ iViri Tool ~ ~~ ~ ~s ~b~~~ A~s~~ Timing when will r r ~ _- ~ ~ kools~ `~~', be ~'aclmiriiste''ed ~' ,Associated Actlvities~, y ,..._ t ~, j„ ~(froM'~ ~~~ Service' <DeIIYkB ~ *` ~~~ d . ~!!~ ~. x ~; Improved systems • 100% of Partnership members • Executed MOUs Upon execution of ^ Intake & assessment of care within North will have an executed contracts Family Team Beach Memoranda of Understanding Conferencing neighborhood A Governance Structure is Adopted Policies & Upon creation of 7 Habits of Highly established Procedures & Partnership Effective Families Governance Structure ^ The Partnership will meet Governance Board Monthly Governance 'Home visits regularly to address collective meeting attendance Board meetings concerns via its Governing sheets Board meetings ^ 100% of Partners will have at ^ Me Helpers ^ MB Helpers trainings least one staff member trained in Training Attendance offered at least once each MB Helpers sheets quarter The City of Miami Beach I8 Contract #903-109, Resolution 2008-22 ^ 100% of Partners will receive a Partnership • Quarterly (using monthly Partnership Performance Rating Performance Ratings progress reports) of 80% or greater at least 3 of 4 (measuring service quarters of operating year levels, partnership artici ation, 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. # &;.~ Position ,_ ~ ~? ;,~ oQualifications: Duties ~ rt F ~.X a ." , " ~ f ~ ' " Statu (specify staff, r- Required, Education & ,. ~, Fa~ ~s ,,~~ ~, ~ ~.~, s`• volunteer or - Experience ,~ r~ ~~ ~ , '~~ ~{,; ; ,~w°~ ~ ~'~ FT/P~ sub= ~ ~ ~ <t ~'~~~ `~ Lays t ~~~t ^' ~ ~ contractor) ,~ ~r ~' '~ 1 - FT Division Director Bachelor's or greater in Public Overall project management; vendor contract Administration or other related field management; 7 Habits of Highly Effective Families and at least one year community training; 7 Habits of Highly Effective Teens training; involvement experience. MB Helpers training 1-FT Program Coordinator Bachelor's or greater in Public Day-to-day program supervision, contractor Administration or other related field supervision, and program report preparation. and at least one year community involvement experience. 1- FT Case Worker 2 See attached job description. Data Tracker management, referral tracking, client file verification & auditing 2- PT Case Worker 2 See attached description, Position will provide transportation to youth antl 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. 1-PT Employment/Job See attached description. Position will provide transportation to youth and their Specialist 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, antl man a referral services desk during these events to facilitate access to community-based services for participating families. 8. Best practices Actiuity~Name ~~~' ~: ~ ~~~ ~- ~~~ ~`~ ~ Relate'd;Best P,racti~e Model ~ ~''`~ ~~ ~ ~~ Famil Trainin 7 Habits of Hi hl Effective Families Youth Trainin 7 Habits of Hi hl Effective Teens Famil Em owerment/Su ort Famil Team Conferencin Entre reneurshi Trainin Junior Achievement Si nature Pro ram The City of Miami Beach I9 Contract #903-109, Resolution 2008-22 ATTACHMENT B Budget & Method of Payment The City of Miami Beach 20 Contract #903-109, Resolution 2008-22 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 uavment 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 appropriate form, as determined by The Children's Trust. The Provider must request a budget revision to add, delete, and/or modify any line item(s). Budget revisions can not exceed the contracted amount. Budget revisions will be incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract 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 funds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding if in accordance with this Contract. The City of Miami Beach 21 Contract #903-109, Resolution 2008-22 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 under-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 22 Contract #903-109, Resolution 2008-22 L GENERAL INFORMATION Organization Name: Agency Fiscal Year Begins: Program Title: Areas in Blue to be completed by the Agency C~_of Miami Beach _ _ _ _ _ 1-Oct (for example: July 1) Success University _ _ _ HL7G1\Vl vV VVL~ Agency Source of Funding Program Budget Agency Budget % of Agency Budget Trust_Grant Amount Requested Trust Other Fundin 499 550.83 499,550.83 84.2% 0.0% Miami-Dade Count Grants total 0.0% Federal Grants 0.0% State Grant 0.0% Foundations/Charitable Funds _ __ 0.0% Cash/Fees/Other Revenue __.._ 0.0% _ In-Kind Contributions 93,891.70 93,891.70 15.8% 0.0% 0.0% Total Annual A enc Bud et 593 442.53 593 442.53 100,0% 23 Attachment B, Contract #903-109, Resolution #2008-22 YJ >. 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C n10 N N O O p u V N ~ O CN C N x u~a°+ O- ~N ~ } v O C ul A U OI ~ '_ d N. L N N '- O~ j N ~ O sF O~ x W a C E ~' N II . N 0 u i Y v W O L n a+ ~' x W > N C N O V r V .Q W NL ~y ' C ~ 0 ~i C L 2 x + -' v v C ~ C a 7 ~ C U ] '~ a IA N c 7 d' a0+ a aL.+ m C 2 IL N a+ 0 7 W \ N.7 a~ ~ n ~,~ O N 7 7\y j 1/ ~ O 10 N w vu~$c jmu~ w~ mo £o ~OCLnE~ d U t~AL~'u~ cN ~. a, O T O ~, O~ Y 10 L, c uEL" v C 7 w~ C ry c ~ O L C M V "'~ ~ OI-' 01 ~ ~~ x 2 e} ~~ d x' a O x p ~ - o i E m '° '^w v 7~ x ~c Y i v v ¢F >~~vE°~o v i L^m'"> m n Ni o i 7Y Iv~°wco~'"7u a ~~ uy ~-''OOVnz v~mo 7~E~'~ r av,~ u ~~'~ro ~Ec~vvC7Cm ~7 mN mlE~i~i~~w`-`c ~ En>~Lir ~ ~v U w 1O~n0 f m w o c a o m o c IL U L m m V c u ._ ¢ c ._ v\ = a et c `i m ~ .. + YF t N t t u 0 .. 0 7 7 m a ++ u~ eu 0 3 .~I o N+ OF O O O 1~ O ~ ~ ~ M O1 fM 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. DEMOGRAPHICS ATTENDANCE & OTHER_OUTPUTS (electronic reporting in Data 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 (15`h) 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. Demographics required for participants with 3 or more contacts: Is participant a parent? (yes/no) • Name (last, first, middle initial) • Street Address, 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) • Child'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 j,Paper Reportin4 -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 Reporting Due Date Frequency Outcomes Measurement and Monthly By 15th of each month for the previous Results (Excel) month Data Tracker Electronic Reporting Monthly By 15th of each month for the previous of Demographics, Attendance, month and other outputs Quarterly Program Narrative Quarterly Report (Word) 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 ]une 15th, 2009 The City of Miami Beach Contract #903-109; Resolution 2008-22 29 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