HomeMy WebLinkAboutBack-Up DocumentsCONTRACT NO. 2210-7580
BETWEEN THE CHILDREN'S TRUST
AND City of Miami
FOR Group, Individual, and Home Visitation
Agency's address:
Agency's federal identification number:
Vendor's identification number:
Effective term:
Contract amount shall not exceed:
Required match amount (if applicable):
Approved by resolution number:
Agency's authorized official for notices
Agency's custodian of public records (applicable if
Agency is subject to Chapter 119, Florida Statutes):
444 SW 2nd Ave, loth Floor
Miami, FL 33130
59-6000375
CITY0758
8/1/2021 through 9/30/2022
$202,032.00
$0.00
,2021-51
THIS CONTRACT is between The Children's Trust, whose address is 3150 SW 3rd Avenue, 8th Floor, Miami, FL 33129,
and City of Miami, ("Provider,") whose address is listed above.
In consideration of the mutual covenants herein, The Children's Trust and Provider (collectively referred to as
"Parties") agree as follows:
This Contract is subject to funding availability and Provider's performance.
A. TERMS OF RENEWAL, if applicable
At the sole discretion of The Children's Trust, this Contract may be renewed with Provider's authorization. Contract
renewals will be contingent upon The Children's Trust's Board of Directors' ("board") approval and in accordance with
applicable solicitation documents for services provided. Such renewal may not exceed five (5) one- year terms. In
determining whether to renew Provider's contract, The Children's Trust will consider factors that include, but are not
limited to the following:
1. Continued demonstrated and documented need for the services.
2. Provider's satisfactory program performance, fiscal performance, and compliance with the terms of the Contract,
as determined by The Children's Trust at its sole discretion.
3. Availability of funds.
B. SCOPE OF SERVICES
All Providers
Provider agrees to render services in accordance with Attachment A: Scope of Services (hereafter "Services"),
to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust.
Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and
Provider.
Provider agrees to document the delivery of services and performance measures, as well as report accurate data
and programming information, that will be used in the evaluation of Provider's overall performance.
Provider agrees that all funding for direct community services 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. Direct
community services consist of programs or services offered to children and families in Miami -Dade County.
School -Based Health Providers only
In addition to the three requirements above, the school -based health providers must abide by the following:
4. Services under this Contract shall be available to all students, upon referral, at the designated school sites
regardless of financial status or social/economic background. Provider is responsible for the clinical supervision of all
direct staff.
5. Provider is solely responsible for securing compliance with any applicable state and federally mandated
requirements for consents for health services, including medical treatment, and compliance with notification of
privacy practices. Provider shall secure parental consent for health services. All consents for treatment shall
specifically state that all treatment is being rendered by Provider and not by The Children's Trust.
6. Provider shall comply with, and is solely responsible for compliance with, all applicable state and federal laws and
regulations for health care related services, including, but not limited to Health Insurance Portability and
Accountability Act of 1996 (HIPAA), as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and
164, as may be amended), and Miami -Dade County Public Schools' (M-DCPS) policies and regulations relating to
the confidentiality of student records and information. Provider shall provide the parents, or the student who is
beyond the age of eighteen (18), the right of access to medical records, as specified in section 228.093, Florida
Statutes, and Rule 6A-1.0955, Florida Administrative Code, as may be amended.
7. Provider shall ensure its direct staff assigned to the schools have all appropriate credentials and/or licenses. Upon
request from the Florida Department of Health, Provider shall provide evidence of appropriate credentials and/or
licenses of all direct staff assigned to the schools.
8. Provider is solely responsible for and may apply for Medicaid reimbursement, third party billing or any other type of
reimbursement available to patients.
C. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not
exceed the amount stated above. Provider agrees that the amount payable under this Contract may be reduced at the sole
option of The Children's Trust with a proportional reduction in services. Provider agrees to adhere to Attachment B: Other
Fiscal Requirements, Budget and Method of Payment and Attachment B1: Payment Structure (if applicable), of
this Contract.
D. FISCAL MANAGEMENT
1. Double Billing and Payments
Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant
from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim
for double payment by Provider shall be a material breach of this Contract.
2. No Supplanting of Existing Public Funds
The Children's Trust funding may not be used as a substitute for existing resources or for resources that would
otherwise be available for children's services, or to replace funding previously provided by, and currently available
from, local and state funding sources for the same purpose. A violation of this section is a material breach of this
Contract.
3. Capital Equipment
Capital equipment refers to individual items with a value of $5,000.00 or greater that have a life expectancy of more
than one (1) year.
All capital equipment acquired by Provider valued at less than $10,000.00 and reimbursed by The Children's Trust
shall be capitalized by the Provider, and Provider shall retain all rights and possession of equipment unless this
Contract is subject to termination or early cancellation.
Should this Contract be terminated or not renewed, The Children's Trust may, at its sole discretion, acquire rights
and possession of all reimbursed capital equipment that is not fully depreciated.
All capital equipment acquired by Provider valued at equal to or greater than $10,000.00 and reimbursed by The
Children's Trust shall be capitalized by The Children's Trust, and The Children's Trust shall retain all rights to that
equipment until the item is fully depreciated. Should this Contract be subject to termination or early cancellation,
The Children's Trust, at its sole discretion, may acquire possession of all reimbursed capital equipment that is not
fully depreciated.
Any or all such qualifying capital equipment shall be returned to The Children's Trust or its designee(s) upon
request. Provider is to maintain proof of insurance coverage in accordance with the insurance requirements
prescribed in Section K: Insurance Requirements of this Contract.
4. Assignments and Subcontracts
Provider shall not assign this Contract, in whole or in part, to another party. Provider shall not subcontract any
Services under this Contract without prior written approval of The Children's Trust and any change in subcontractors
must also receive prior written approval.
For Contracts involving direct community services, Provider and subcontractor must be qualified to conduct
business in the state of Florida at the time that a subcontractor agreement is executed. The Children's Trust may, at
its sole discretion and at any time, withdraw its approval of any subcontractor.
In any subcontract, Provider shall incorporate language from this Contract into each subcontract and shall require
each subcontractor providing Services to be governed by the terms and conditions of this Contract. Provider shall
submit to The Children's Trust a copy of each subcontract to this Contract within 30 (thirty) calendar days of its
execution. Subcontractors are only entitled to reimbursement for services rendered upon receipt of executed
subcontracts. All subcontractors are subject to monitoring by Provider and/or The Children's Trust, in the same
manner as the Provider is subject to monitoring by The Children's Trust under the terms of this Contract. Provider
acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to
communicate and exchange information about the Contract, Services, the program and/or fiscal issues. Provider
waives any and all claims, demands, and/or legal action against The Children's Trust that arise from or are based
upon any such communications.
Notwithstanding any subcontracts, Provider shall be solely responsible for all Services performed and all expenses
incurred under this Contract, including Services provided and expenses incurred by any and all subcontractors.
Provider, not The Children's Trust, shall be solely liable to any subcontractor and for all expenses or liabilities incurred
under any subcontract.
All payments to any subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust shall
not pay any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the
Provider. In such instances, The Children's Trust reserves the right to require verification from Provider and/or
subcontractor of payment due for satisfactory work performed by the subcontractor.
5. Religious Purposes
Provider and/or its faith -based community partner shall not use any funds provided under this Contract to support
any inherently religious activities, including, but not limited to, any religious instruction, worship, proselytization,
publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract.
6. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for
lobbying any local governments or federal, or state or legislators. Any such use by Provider shall be a material
breach of this Contract.
7. Adverse Action or Proceeding
Provider shall not use any funds awarded by The Children's Trust, under this Contract or otherwise for legal fees, or
any legal or other such actions, including, but not limited to, active investigations that Provider is a party or witness.
Any such use by Provider shall be a material breach of this Contract.
8. Compliance
Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county and local laws. This
includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax documents to
maintain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the Contract and
any such renewals thereof.
Provider further agrees to maintain a current listing of its agency, program(s) and site(s) in the HELPPages _r_e_sourc,
directory available online and used by 211, Miami -Dade County's health and human services information and referral
helpline, managed by Jewish Community Services of South Florida, Inc.
E. INDEMNIFICATION BY PROVIDER
1. Government Entity (or other entity entitled to coverage by section 768.28, Florida Statutes)
Subject to the limitations of section 768.28, Florida Statutes, Provider shall indemnify, defend, and hold harmless
The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorney's fees and costs of defense, which its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out
of, relating to, or resulting from the performance of this Contract by Provider or its employees, agents, servants,
partners, principals or subcontractors. Additionally, Provider 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, subject to the limitations of section 768.28, Florida Statutes.
2. All Other Providers
Provider shall indemnify, defend, and hold harmless The Children's Trust and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including reasonable attorney fees and costs of
defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting
from the performance of this Contract by Provider or Provider's employees, agents, servants, partners, principals or
Subcontractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions.
Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of The Children's Trust where applicable, and in the discretion of The
Children's Trust, including appellate proceedings, and shall pay all costs, judgments and reasonable attorney fees
which may issue thereon.
The United States Health Resources and Services Administration, in accordance with the Federally Supported Health
Centers Assistance Act, as amended, and Sections 224(g)-(n) of the Public Health Service Act, 42 U.S.C. § 233(g)-
(n), deems qualified Federally Qualified Health Centers to be federal employees for medical negligence liability claims
and provides liability protection under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2672.
Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no
way limit the responsibility to indemnify, keep and save harmless and defend, The Children's Trust or its officers,
employees and agents.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
F. INTELLECTUAL PROPERTY AND RIGHT TO DEVELOPED MATERIALS
When funding from this Contract is used to produce original or non -minor alterations and/or enhancements to
software designs or methods or techniques, writing, data, sound recordings, pictorial reproductions, drawings or
other graphic representations and works of similar nature (hereinafter "developed materials"), legal title and every
right, interest, claim or demand of any kind in and to any copyright, trademark or patent, or application for the
same, in such developed materials will vest in Provider. Notwithstanding the foregoing, Provider agrees to grant The
Children's Trust a worldwide, perpetual, royalty -free and non-exclusive license for The Children's Trust to use,
duplicate and/or disclose such developed materials, in whole or in part, to others acting on behalf of The Children's
Trust, and other providers funded by The Children's Trust, provided that such use, duplication, or disclosure does not
compromise the validity of any developed materials or any copyright, trademark or patent rights thereto. Such
license shall not extend to scientific publications. In the event of a dispute, both parties agree to participate in
meditation to resolve the matter.
G. INTELLECTUAL PROPERTY LICENSING FEES AND COSTS
If Provider incorporates Intellectual Property or third party software, to provide Services required under this Contract,
Provider is solely responsible for payment of required licensing fees and costs. Such licensing should be in the exclusive
name of Provider.
H. PUBLIC RECORDS
For purposes of this section, the term "public records" shall mean all documents, papers, letters, electronic
communications, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics or means of transmission, made or
received, pursuant to law or ordinance or in connection with the transaction of official business by The Children's
Trust, including this Contract and the Services provided thereunder.
Pursuant to section 119.0701, Florida Statutes, if the Provider meets the definition of "Contractor" as defined in
section 119.0701(1)(a), the Provider shall:
1. Keep and maintain public records required by The Children's Trust to perform the Services under this
Contract.
2. Upon request from The Children's Trust's custodian of public records, provide The Children's Trust with a
copy of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by
law.
3. Ensure that public records that are exempt and/or confidential from public records disclosure requirements
are not disclosed except as authorized by law for the duration of the Contract term and following completion
of the Contract if the Provider does not transfer the records to The Children's Trust.
4. Upon completion of the Contract, transfer, at no cost, to The Children's Trust all public records in possession
of Provider or keep and maintain public records required by The Children's Trust to perform the service. If
Provider transfers all public records to The Children's Trust upon completion of the Contract, Provider shall
destroy any duplicate public records that are exempt and/or confidential from public records disclosure
requirements. If Provider keeps and maintains public records upon completion of the Contract, Provider shall
meet all applicable requirements for retaining public records. All records stored electronically must be
provided to The Children's Trust, upon request from The Children's Trust's custodian of public records, in a
format that is compatible with The Children's Trust's information technology systems.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 305.571.5700, MURIEL.JEANTY@THECHILDRENSTRUSMORG, 3150 SW 3RD AVENUE, 8TH
FLOOR, MIAMI, FLORIDA, 33129.
In the event Provider does not comply with the public records requirements set forth in chapter 119, Florida Statutes, and
of this Contract, The Children's Trust may avail itself of the remedies set forth in Sections I: Breach of Contract and
Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public
records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida
Statutes. In the event the Provider fails to meet any of these provisions or fails to comply with Florida's Public Records laws,
the Provider shall be responsible for indemnifying The Children's Trust in any resulting litigation, including all final appeals,
and the Provider shall defend its claim that any public record is confidential, trade secret, or otherwise exempt from
inspection and copying under Florida's Public Records laws.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract as specified in other sections of this Contract,
and also if Provider, through action or omission, causes any of the following:
a. Fails to comply with Background Screening, as required under this Contract or applicable law.
b. Fails to provide the Services outlined in the Scope of Services, Attachment A, within the effective term of
this Contract and to the satisfaction of The Children's Trust.
c. Fails to correct an imminent safety concern or take acceptable corrective action, as determined by The
Children's Trust.
d. Improperly uses The Children's Trust's funds allocated under this Contract as defined in Attachment B:
Other Fiscal Requirements, Budget and Method of Payment, Attachment B or B1: Payment Structure (if
applicable), and/or Attachment A: Scope of Services.
e. Fails to maintain valid and current site licensure as required by the Florida Department of Children and
Families for Youth Development K 5 after -school programs.
f. Fails to furnish or maintain the certificates of insurance required by this Contract or as determined by The
Children's Trust.
g. Fails to meet or satisfy the conditions of award required by this Contract.
h. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support Services & Activities
Management System (SAMIS) disbursement requests or advance funding disbursements; or, fails to submit,
or submits incomplete or incorrect, detailed reports of requests for payment, expenditures or final
expenditure reports, including, but not limited to, budgets, invoices and amendments in SAMIS or any other
format prescribed by The Children's Trust.
i. Fails to submit, or submits incomplete or incorrect, required reports pursuant to the Scope of Services,
Attachment A, of this Contract.
j. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor,
evaluate and review Provider's program, including required client data.
k. 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.
m. Fails to correct deficiencies found during a site visit/observation, evaluation or review within a specified
reasonable time.
n. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or
any of its agencies.
o. Fails to maintain the confidentiality of client files, pursuant to state and federal laws.
p. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants and stipulations in this
Contract.
q. Fails to submit an Annual Financial Statement Audit and a Program -Specific Audit, as applicable, in
accordance with Section O: Records, Reports, Audits and Monitoring and Attachment D: Program -
Specific Audit Requirements of this Contract.
r. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program -
Specific Audit within thirty (30) calendar days after Provider's fiscal year end.
s. Fails to notify The Children's Trust within thirty (30) calendar days of nonpayment of payroll or other
required taxes imposed by the federal government, state of Florida, Miami -Dade County or other authorized
taxing entity.
t. Fails to comply with Section T: Regulatory Compliance, #9: Mandatory Disclosure.
The Children's Trust's decision not to enforce a breach of any of the provisions of this Contract does not entail waiver
of such breach unless expressly provided in writing by The Children's Trust. Additionally, waiver 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
In the event of breach, The Children's Trust will provide written notice to Provider and specify the time period, if any,
within which Provider must cure the breach. If Provider fails to cure the breach within the time frame provided in
the written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the
following remedies:
a. The Children's Trust may, at its sole discretion, issue a written Performance Improvement Plan (PIP), for
Provider to cure any breach of this Contract, as may be permissible under state or federal law. Any such
remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other
provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction.
The Children's Trust may suspend payment in whole or in part under this Contract by providing written
notice of suspension to Provider and specifying its effective date, at least five (5) business days before said
date. On the effective date of suspension, Provider may, at risk of nonpayment from The Children's Trust,
continue to perform the Services in this Contract but Provider shall promptly cease using The Children's
Trust logo and any other reference to The Children's Trust in connection with such Services. All payments to
Provider as of the date of suspension shall cease, except that at the sole discretion of The Children's Trust,
verified requests for payment for Services that were performed and/or for deliverables that were
substantially completed prior to the effective date of such suspension shall be rendered. The Children's
Trust may also suspend any payments in whole or in part under any other contracts entered into between
The Children's Trust and Provider by providing separate written notice to Provider of each such suspension
and specifying the effective date of suspension, which must be at least five (5) business days before the
effective date of such suspension. In this event, The Children's Trust shall continue to review and pay
verifiable requests for payment as provided for in such other contracts for services that were performed
and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust, prior
to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs
associated with such suspension, including reasonable attorney fees.
In the event the Children's Trust determines that Provider engaged in fraud, misrepresentation, or material
misstatement, and that it is in the best interest of The Children's Trust to terminate this Contract, The
Children's Trust may do so by giving written notice to Provider of such termination and specifying the
effective date thereof at least twenty-four (24) hours before the effective date of termination. In other
instances of breach, The Children's Trust may terminate this Contract by giving written notice to Provider of
such termination and specifying the date of termination at least five (5) business days before the effective
date of termination. In the event of termination, The Children's Trust may: (a) request Provider to deliver to
The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys and
reports prepared and secured by Provider with The Children's Trust funds under this Contract, subject to the
rights of Provider as provided in Sections F: Intellectual Property and Rights to Developed Materials
and G: Intellectual Property Licensing Fees and Costs; (b) seek reimbursement of any Children's Trust
funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of
The Children's Trust funds to Provider under this Contract, except that The Children's Trust shall continue to
review and pay verifiable requests for payment for Services that were performed and/or deliverables that
were substantially completed, at the sole discretion of The Children's Trust, prior to the effective date of
such termination; and/or (d) terminate or cancel, without cause, any other Contracts entered into between
The Children's Trust and Provider by providing separate written notice to Provider of each such termination
and specifying the effective date of termination, which must be at least five (5) business days before the
effective date of such termination, in which event The Children's Trust shall continue to review and pay
verifiable requests for payment as provided for in such other Contracts for services that were performed
and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust prior
to the effective date of such termination. Provider shall be responsible for all direct and indirect costs
associated with such termination, including reasonable attorney fees.
d. The Children's Trust may seek enforcement of this Contract, including, but not limited to, filing an action
with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs
associated with such enforcement, including reasonable attorney fees, costs and any judgments entered by
a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorney fees
through conclusion of all appellate proceedings, and including any final settlement or judgment.
J. TERMINATION OF THE CONTRACT
Notwithstanding any other provision in this Contract, the Parties agree that this Contract may be terminated by either
party for convenience and without cause by providing written notice to the other party of intent to terminate at least thirty
(30) calendar days prior to the effective date of such termination.
K. INSURANCE REQUIREMENTS
All Providers, Except State Agencies or Subdivisions
Upon execution of this Contract, or on the date commencing the effective term of this Contract, whichever is earlier,
Provider's insurance agent(s) shall submit the following, as may be applicable, to insurance@thechildrenstrust.org:
1) certificates of insurance naming The Children's Trust as an additional insured and the certificate holder on all applicable
policies; and all applicable policies shall be maintained in full force and effect for the entire term of this Contract; or
2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or
as determined by The Children's Trust, except as required by Florida law for government entities.
Provider's failure to comply with this section shall be a material breach of this Contract. The Children's Trust will not
disburse any funds under this Contract until all required certificates of insurance or letter(s) of self-insurance have been
provided to and have been approved by The Children's Trust.
Provider will carry insurance policies in the amounts and with the requirements indicated below:
1) Workers' compensation insurance covering all employees, non -incorporated independent contractors or
consultants, and incorporated independent contractors or consultants that do not have workers' compensation
coverage or a valid state of Florida exemption on file with the Department of Labor, as required by Florida Statutes,
chapter 440. Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the
termination of the exemption. In the event that the Provider is no longer exempt from obtaining workers'
compensation insurance, the Provider must notify The Children's Trust and provide the necessary certificate of
insurance upon the termination of the exemption. The employer's liability portion will be a minimum of
$500,000.00/$500,000.00/$500,000.00.
2) Comprehensive general liability insurance, which shall include a rider or separate policy for sexual molestation
liability, in an amount not less than $500,000.00 combined single limit per occurrence and $1,000,000.00
aggregate in a policy year. The Children's Trust must be designated and shown as an additional insured and the
certificate holder with respects to this coverage. The general liability policy must contain coverage for the following:
a. Bodily injury
b. Property damage
c. No exclusions for abuse, molestation or corporal punishment
d. No endorsement for premises, only operations
3) Automobile liability coverage for all owned and/or leased vehicles of Provider, and non -owned coverage for its
employees and/or subcontractors and transportation companies transporting program participants. The
amount of coverage is $1,000,000.00 combined single limit per occurrence for bodily injury and property damage.
The Children's Trust must be designated and shown as an additional insured and the certificate holder with respect
to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive
for hired automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but
rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to
attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded
program must list The Children's Trust as a certificate holder and as an additional insured.
4) Automobile liability coverage for all owned and/or leased vehicles of Provider, and non -owned coverage for its
employees and/or subcontractors not transporting program participants. The minimum amount of coverage is
$300,000.00 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must
be designated and shown as an 'Additional Insured as Its Interests May Appear" with respect to this coverage.
Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired
automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but rental cars
cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend
conferences outside the tri-county area.
5) If applicable, special events coverage, as determined by The Children's Trust. The liability coverage will be the
same as the coverage and limits required for comprehensive general liability, and The Children's Trust must be
designated and shown as 'Additional Insured as Its Interests May Appear." Special events policies are for short-term
functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and
must provide coverage the day prior and the day following the event.
6) If applicable, professional liability insurance, as determined by The Children's Trust, with coverage amounts
determined by The Children's Trust, but not less than $250,000.00 per claim and in the aggregate. Defense costs
may be inside the limits of liability and the policy can be written on claims made form. Professional liability insurance
is generally required when the Scope of Services uses professional services that require certification(s) or license(s).
7) If applicable, cyber security insurance with coverage amounts determined by The Children's Trust, but not less
than $1,000,000.00 for the duration of the Agreement and three years following its termination to respond to
privacy and network security liability claims including, but not limited to: 1) liability arising from theft,
dissemination, and/or use of The Children's Trust's confidential information, including, but not limited to, bank,
credit card account and personally identifiable information, such as name, address, social security numbers, etc.
regardless of how stored or transmitted; 2) network security liability arising from (i) the unauthorized access to, use
of, or tampering with computer systems, including hacker attacks or (ii) the inability of an authorized third party to
gain access to supplier systems and/or The Children's Trust data, including denial of service, unless caused by a
mechanical or electrical failure; 3) liability arising from the introduction of a computer virus into, or otherwise
causing damage to, a customer's or third person's computer, computer system, network, or similar computer
related property and the data, software, and programs thereon; 4) crisis management expenses (i.e., notification,
public relations, reputation damage, forensics, etc.) for a data breach.
8) Proof of property coverage is required for all capital equipment greater than or equal to $10,000.00, and when
Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care, custody
and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee.
Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the
capital equipment is transferred to Provider, or such capital equipment is returned to The Children's Trust.
9) All required coverages may be afforded via commercial insurance, self-insurance, a captive or some combination
thereof.
Certificate Holder
Certificate holder must read:
The Children's Trust
3150 SW 3'd Avenue, 8th Floor
Miami, FL 33129
Classification and Rating
If the coverage will be provided via commercial insurance, all required policies listed above shall be issued by
companies authorized to do business under the laws of the state of Florida, with the following qualifications:
1. The company must be rated no less than "B" as to management, and no less than "Class W as the financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust.
2. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any
material changes in insurance coverage, including, but not limited, to any renewals of existing insurance
policies, not later than thirty (30) calendar days prior to the effective date of making any material changes
to the insurance coverage except for ten (10) calendar days for lack of payment changes. Provider shall be
responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust
for the duration of this Contract.
3. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may
increase, waive or modify, in writing, any of the foregoing insurance requirements. Any request by a
Provider to decrease, waive or modify any of the foregoing insurance requirements must be approved, in
writing, by The Children's Trust prior to any such decrease, waiver or modification.
4. In the event that an insurance policy is canceled, lapses or expires during the effective period of this
Contract, The Children's Trust shall withhold all payments to Provider until a new certificate of insurance, as
required under this Contract, is submitted and approved by The Children's Trust. The new insurance policy
shall cover the time period commencing from the date of cancellation of the prior insurance policy. Provider
shall submit the required certificate of insurance within thirty (30) calendar days of cancellation, lapse or
expiration. Failure to provide said certificate of insurance will be considered a material breach of the
Contract, which may result in The Children's Trust waiving payment or terminating the Contract.
5. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as
may be required from time to time under applicable federal or state laws or The Children's Trust's
requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation,
or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for
any liability of any nature related to performance under this Contract or otherwise.
All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of
insurance.
Insurance Requirements for state of Florida Agencies or Political Subdivisions
As an agency or political subdivision of the state of Florida, Provider agrees it is subject to the express provisions and
limitations of section 768.28, Florida Statutes.
L. PROOF OF TAX STATUS
Provider is required to keep and have the following documentation readily available for review by The Children's Trust:
An Internal Revenue Service (IRS) tax status determination letter, if applicable.
The two (2) most recent IRS form 990 or applicable tax return filing within six (6) months of the end of Provider's
fiscal year or other appropriate filing period permitted by law.
IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to
submit form 941 within the timeframe established by IRS Publication 15, and if applicable, all state and federal
unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment
must be submitted within sixty (60) calendar days after the quarter ends.
M. NOTICES
Any written notice(s) required by this Contract shall be sent via electronic mail or postal mail for each party appearing on
the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its president/CEO. Notices
to Provider shall be marked to the authorized official identified on page 1 of this Contract. Each party is responsible for
advising the other party, in writing, of any changes to responsible personnel for accepting notices under this Contract,
electronic address, mailing address, and/or telephone number.
N. AUTONOMY
The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the
contracting Parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The
Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust.
O. RECORDS, REPORTS, AUDITS AND MONITORING, and DATA SECURITY
1. Accounting Records
Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). In addition to any
requirements for retaining records pursuant to Section H, Public Records, all such records will be retained by Provider for
not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with, final
payment has been received and appropriate audits have been submitted to and accepted by The Children's Trust.
However, if any audit, claim, litigation, negotiation or other action involving this Contract or modification hereto has
commenced before the expiration of the retention period, then the records shall be retained until completion of the action
and resolution of all issues which arise from it, or until the end of the regular retention period, whichever is later.
2. Financial Statement Audit
Within one hundred eighty (180) calendar days from the close of its fiscal year, Provider's independent certified public
accounting firm (CPA) must electronically submit to The Children's Trust all the following documents, which together
comprise an Annual Financial Statement Audit conducted in accordance with GAAP and standards contained in
Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book). The required
items are:
a. An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct business
with the Florida Department of Business and Professional Regulation.
b. An Annual Financial Statement Audit conducted in accordance with auditing standards generally accepted in the
United States of America, and the standards applicable to financial audits contained in Government Auditing
Standards.
c. Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control
Related Matters Identified in an Audit."
d. Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With
Those Charged With Governance."
e. A Single Audit conducted in accordance with OMB "Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards" or the Florida Single Audit Act, section 215.97, Florida Statutes, if
applicable.
f. A management letter; if no management letter is prepared by Provider's CPA firm, then the CPA firm must
expressly confirm, in writing, that no management letter was issued.
If Provider's Annual Financial Statement Audit is prepared by the Florida Auditor General, then the due date for submitting
the annual financial statement audit, as defined, is two hundred seventy (270)calendar days after the close of Provider's
fiscal year.
If Provider is required to have a Single Audit, it agrees to have its CPA firm submit the schedule of expenditures pertaining
to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan, if
applicable.
3. Program -Specific Audit
Within one hundred eighty (180) calendar days of the close of its fiscal year, Provider is required to provide a Program -
Specific Audit related to the Contract to The Children's Trust, in addition to the Annual Financial Statement Audit. The
Program -Specific Audit shall be performed by an independent CPA firm that: is licensed and registered to conduct business
with the Florida Department of Business and Professional Regulation; has performed audits under Government Auditing
Standards; and is either a member of the AICPA or FICPA peer review program to include government engagement reviews.
This Program -Specific Audit must encompass an audit of The Children's Trust's Contract(s) as specified in Attachment D:
Program -Specific Audit Requirements. The Provider's independent CPA firm may submit audit confirmation requests
electronically to duiar.confirmations@thechildrenstrust.of".
4. Audits Submission Method
The Provider's CPA firm must transmit Provider's annual financial statement audit and the required Program -Specific Audit
related to the Contract to The Children's Trust, within the timeframe specified above in Section O, subsections 2 and 3, via
the online system identified by The Children's Trust, unless otherwise previously agreed upon, in writing, by The Children's
Trust and Provider.
5. Audit Extensions
Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such request with appropriate
justification by Provider and for a period of time not to exceed sixty (60) calendar days after the initial due date. A copy of
the engagement letter, along with the anticipated audit completion date and any concerns from Provider's CPA firm
related to the audit must accompany the request. Approved audit extension requests allow for the continuation of
payment until such time that the extension expires.
In the event that either the Annual Financial Statement Audit or the Program -Specific Audit is not received in a timely
manner and in accordance with the previously stated due dates and an audit extension has not been approved, The
Children's Trust shall withhold all payments to Provider until the documents are received and deemed by The Children's
Tru st.
6. Engagement Letters
Audit engagement letters are due to The Children's Trust thirty (30) calendar days after the end of Provider's fiscal year.
Provider agrees to submit an audit engagement letter electronically to engagementletters@thechildrenstrust.org,. Failure to
submit an audit engagement letter may result in a breach of Contract, or other remedy, as deemed appropriate by The
Children's Trust.
7. List of Approved Certified Public Accounting Firms
To receive reimbursement for the preparation of the Program -Specific Audit, as defined, Provider must choose from a list of
pre -qualified approved CPA firms, which are posted on The Children's Trust's website. Inclusion in Pre -Qualified Approved
Program -Specific Auditing Services requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment
B: Other Fiscal Requirements, Budget and Method of Payment.
8. Access to Records
Provider shall permit The Children's Trust access to all records, including subcontractor records, as per the Supporting
Documentation Requirements in Attachment B: Other Fiscal Requirements, Budget and Method of Payment,
which relate to this Contract at its place of business during regular business hours at a date and time mutually agreed
upon by Provider and The Children's Trust.
Provider agrees to deliver such assistance as may be necessary to facilitate a review or audit by The Children's Trust to
ensure compliance with applicable accounting, financial and programmatic standards. This would include access by The
Children's Trust, or its designee, to Provider's independent auditor's work papers for complying with federal, state and local
requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The
Children's Trust's choosing and at The Children's Trust's expense.
9. Program Metrics
Provider agrees to permit The Children's Trust personnel or The Children's Trust contracted agents/consultants to perform
site visits, both scheduled and/or unscheduled site visits, reviews and evaluations of the program which is the subject of
this Contract, including any subcontracts under this Contract.
Provider shall permit The Children's Trust or contracted agents to conduct, client interviews, client assessment surveys,
fiscal/administrative review and other assessments deemed reasonably necessary at the sole discretion of The Children's
Trust. Program Metrics reports, which provides real time data can be accessed through Trust Central. Administrative or
Fiscal findings will be discussed with Provider and, in accordance with specifications provided by The Children's Trust,
Provider will remedy all deficiencies cited in the report from Trust Central as described in Section I: Breach of Contract
and Remedies.
10. Client Records
School -Based Health Providers only
School Health Programs are comprehensive services and shall be provided in accordance with section 381.0056, Florida
Statutes. Provider agrees and shall require all sub -contractors to comply with all applicable state and federal privacy and
confidentiality laws, as relevant to the Services provided under this Contract.
The Florida Department of Health is statutorily authorized to review school health records of all students enrolled in the
public -school system, regardless of the form in which these records are kept, at all reasonable times for as long as records
are retained and in accordance with applicable law.
All other Providers
Provider shall enter all information, required by Attachment A: Scope of Services and Attachment C: Data
Requirements and Program Metrics, directly in Trust Central or any other electronic data reporting system required by
The Children's Trust. If the Provider chooses to maintain physical records for participants, Provider agrees to comply with all
applicable state and federal laws on privacy and confidentiality.
All Providers
Safeguards of Electronic Protected Health Information (ePHI)
The Children's Trust and Provider agree to use appropriate safeguards to prevent use or disclosure of protected health
information (PHI), covered under (HIPAA) that is produced, saved, transferred or received in an electronic form. The Parties
shall maintain a comprehensive written information security program that includes administrative, technical, and physical
safeguards appropriate to the size and complexity of their respective operations. Provider maintains that it will use
appropriate safeguards to protect the confidentiality, integrity, and availability of the PHI and ePHI that are created,
received, maintained, or transmitted.
11. Internal Documentation/Records Retention
Provider agrees to maintain and, upon request of The Children's Trust, provide for inspection by The Children's Trust during
regular business hours the following, as may be applicable and subject to applicable confidentiality requirements: (1)
personnel files of employees, which include hiring records, background screening affidavits, job descriptions, verification of
education and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff
time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of
Services pursuant to this Contract; (4) training modules; (5) pre- and post -session questionnaires; (6) all participant
attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9)
such other information related to Services provision as described in Attachment A: Scope of Services and as required
by this Contract. In addition to any requirements for retaining records pursuant to Section H, Public Records, Provider shall
retain all records for not less than five (5) years beyond the last date that all applicable terms of this Contract have been
complied with and final payment has been received, and appropriate audits have been submitted to and accepted by The
Children's Trust and/or other appropriate agency.
12. Confidentiality
Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may
have access to certain information or records of the other party that are specifically designated as "confidential" or
"exempt" from Florida's Public Records laws, pursuant to state or federal laws or regulations, such as social security
numbers, financial account numbers, credit card numbers, or biometric identification information. The Parties shall protect
such confidential and/or exempt information and comply with applicable federal and state laws on confidentiality, and
engage in measures to prevent unauthorized use, dissemination, or publication of this confidential information regardless
of the source of such information. Any confidential information must be clearly marked as such.
13. Data Security Obligation
A. Standard of Care
1. Provider acknowledges and agrees that, in the course of its Contract with The Children's Trust, Provider
may, directly or indirectly, receive or have access to Personal Identifiable Information (PII).
PII is defined as an individual's (i) government -issued identification number (including, without limitation,
social security number, driver's license number or state -issued identified number); (ii) financial account
number, credit card number, debit card number, credit report information, with or without any required
security code, access code, personal identification number or password, that would permit access to an
individual's financial account; or (iii) biometric or health data or any of the following.
An individual's first name or first initial and last name in combination with any one or more of the following
data elements for that individual:
1. A social security number;
2. A driver license or identification card number, passport number, military identification number, or other
similar number issued on a government document used to verify identity;
3. A financial account number or credit or debit card number, in combination with any required security
code, access code, or password that is necessary to permit access to an individual's financial account;
4. Any information regarding an individual's medical history, mental or physical condition, or medical
treatment or diagnosis by a health care professional; or
5. An individual's health insurance policy number or subscriber identification number and any unique
identifier used by a health insurer to identify the individual.
6. User name or e-mail address, in combination with a password or security question and answer that would
permit access to an online account.
Notwithstanding the foregoing, PII shall not include information (1) about an individual that has been made publicly
available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or modified by any other
method or technology that removes elements that personally identify an individual or that otherwise renders the
information unusable.
Provider shall comply with the terms and conditions set forth in this Contract in its collection, receipt, transmission,
storage, disposal, use and disclosure of such PII, and shall be responsible for the unauthorized collection, receipt,
transmission, access, storage, disposal, use and disclosure of PH under its control or in its possession. Furthermore, Provider
shall be responsible for the actions and omissions of its employees and subcontractors who are authorized to access PH for
obligations under this Contract (Authorized Persons) as if they were Provider's own actions and omission. Prior to being
given access to PH, Provider shall ensure that Authorized Persons are bound in writing by confidentiality obligations to
protect PH in accordance with the terms and conditions of this Contract.
2. All data collected on behalf of The Children's Trust is deemed to be property of The Children's Trust and is not
property of Provider.
3. In recognition of the foregoing, Provider agrees and covenants that it shall:
a. Keep and maintain all such PH strictly confidential.
Use and disclose PH solely and exclusively for the purposes for which the PH, or access to it, is
provided pursuant to the terms and conditions of this Contract, and shall not divulge,
communicate, use, sell, rent, transfer, distribute, or otherwise disclose or make available PH for
Provider's own purposes or for the benefit of anyone other than The Children's Trust, without The
Children's Trust's prior written consent, which may be withheld at The Children's Trust's sole and
absolute discretion.
Not, directly or indirectly, disclose PH to an Unauthorized Third Party, without express written
consent from The Children's Trust, which may be withheld at its sole and absolute discretion. An
Unauthorized Third Party is any person other than an Authorized Person. If any person or authority
makes a demand on Provider purporting to legally compel it to divulge any PH, Provider shall: (i)
immediately notify The Children's Trust of the demand before such disclosure so that The
Children's Trust may first assess whether to challenge the demand prior to Provider's divulging of
such PII; (ii) be responsible to The Children's Trust for the actions and omissions of such
Unauthorized Third Party concerning the treatment of such PH as if they were Provider's own
actions and omissions; and (iii) require the Unauthorized Third Party that has access to PH to
execute a written Contract agreeing to comply with the terms and conditions of this Contract
relating to the treatment of PH. Provider shall not divulge such PH until The Children's Trust either
has concluded not to challenge the demand, or has exhausted its challenge, including appeals, if
any.
B. Personal Identifiable Information Security
Provider shall protect and secure data in electronic form containing such PII.
At a minimum, Provider's safeguards for the protection of PH shall include:
1. Encrypting, securing or modifying such PH by any method or technology that removes elements that
personally identify an individual or that otherwise renders the information unusable.
2. Limiting access of PH to Authorized Persons.
3. Securing business facilities, data centers, paper files, servers, back-up systems and computing equipment,
including, but not limited to, all mobile devices and other equipment with information storage capability.
4. Implementing network, device application, database, and platform security.
5. Securing information transmission, storage, and disposal; and implementing authentication and access
controls within media, applications, operating systems and equipment.
6. Encrypting PH stored on any mobile media.
7. Encrypting PH transmitted over public or wireless networks.
8. Implementing appropriate personnel security and integrity procedures and practices, including, but not
limited to, conducting background checks consistent with applicable law, as required by The Children's
Trust from time to time.
9. Providing written copies of appropriate privacy and information security training to Provider's employees, as
required by and to The Children's Trust.
10. Purchasing and maintaining cyber insurance coverage, in accordance with Section K. 7.
11. Provider shall dispose, or arrange for the disposal, of customer records that contain PH within its custody or
control when the records are no longer required to be retained pursuant to Sections H and O. Such disposal
shall involve shredding, erasing or otherwise modifying PH in its control or possession to make it unreadable
or undecipherable.
12. During the term of each Authorized Person's employment by Provider, Provider shall at all times cause such
Authorized Persons to abide strictly by Provider's obligations under this Contract. Provider further agrees
that it shall maintain a disciplinary process to address any unauthorized access, use or disclosure of PH by
any of Provider's officers, directors, partners, principals, employees, agents or contractors. Upon The
Children's Trust's request, Provider shall promptly identify all Authorized Persons as of the date of such
request to The Children's Trust in writing.
13. Upon The Children's Trust's written request, Provider shall provide The Children's Trust with a network
diagram that outlines Provider's information technology network infrastructure and all equipment used in
relation to fulfilling its obligations under this Contract, including, without limitation: (i) connectivity to The
Children's Trust and all third Parties who may access Provider's network to the extent the network contains
PII; 00 all network connections including remote access and wireless connectivity; (iii) all access control
devices, such as (solely by way of example) firewalls, packet filters, intrusion detection and access -list
routers; (iv) all back-up or redundant servers; and (v) permitted access through each network connection.
C. Security Breach Procedures
For purposes of this Contract, "Security Breach" is defined as unauthorized access of data in electronic form containing PII
or a breach or alleged breach of this Contract relating to such privacy practices. Good faith access of PII by an employee or
agent of the covered entity shall not constitute a breach of security under this Contract, so long as the information is not
used for a purpose unrelated to the business of The Children's Trust, or as a result of any other unauthorized use. In the
event of a Security Breach, Provider shall:
1. Notify The Children's Trust of a Security Breach immediately, but not later than forty-eight (48) hours, after
Provider becomes aware of it by emailing The Children's Trust with a read receipt at
datasecurity__@thechildrenstrust.org.; and with a copy of such email to Provider's program manager at The Children's
Trust. The notice shall include, at a minimum: (1) the date, estimated date, or estimated date range of the Security
Breach; and (2) a description of the PII that was accessed or reasonably believed to have been accessed as a part of
the Security Breach.
2. To the extent legally permissible, confer with The Children's Trust prior to informing any third party of any Security
Breach related to this Contract. Provider and The Children's Trust shall communicate regarding: (i) whether notice of
the Security Breach is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting
agencies or others as required by law regulation, or otherwise; and (ii) the contents of such notice, whether any
type of remediation may be offered to affected persons, and the nature and extent of any such remediation.
3. Take steps to immediately remedy any Security Breach and prevent any further Security Breach at Provider's
expense in accordance with applicable privacy rights, laws, regulations and standards, or as otherwise required by
The Children's Trust at its sole and absolute discretion.
Provider shall be solely responsible for all costs associated with a Security Breach and The Children's Trust may seek
to recover any costs it expends as a result of such breach from Provider.
P. AMENDMENTS
Any amendment to this Contract, shall only be valid when it has been reduced to writing, duly approved and signed by
both Parties.
Q. GOVERNING LAW AND VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws of the state of Florida
without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract
and any action involving the enforcement or interpretation of any rights hereunder shall, to the exclusion of all others, be
submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida.
R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS
Level 2 background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS
.(Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be
accepted from those agencies that already conduct business with either the Florida Department of Children and Families
(DCF), the Florida Department of Juvenile Justice (DJJ) or (M-DCPS).
In addition:
1. Provider shall complete Attachment E-1: Affidavit for Level 2 Background Screenings. The affidavit shall
cover employees, volunteers and subcontractors performing services under this Contract who are required to
complete a Level 2 background screening as defined in this section.
2. Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3:
Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening &
Personnel File Requirements.
3. Provider shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2:
Child Care Attestation of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting
Requirements and Attachment E-4: Background Screening & Personnel File Requirements, in Provider's
personnel, volunteer, and subcontractor files.
4. Provider shall ensure that all employees, volunteers and/or subcontractors complete Level 2 background screening
no later than every five (5) years.
To ensure that none of its employees are identified on the Dru Sjodin National Sex Offender Public Websltc_(NSOPW),
Provider is required to review said site annually, at minimum. If a Provider's employee is on the list, the employee must be
removed from The Children's Trust funded program immediately.
School -Based Health Providers only
All school staff members or sub -contracted agency personnel assigned to work at a site where they have access to children
(under 18 years of age) must satisfy Level 2 background screening requirements and comply with all necessary school
procedures prior to commencing services within M-DCPS or doing any work for The Children's Trust related to this
Contract. Pursuant to section 1012.32, Florida Statutes, non -instructional school district employees or contractual
personnel who are permitted access on school grounds when students are present, have direct contact with students or
have access to or control of school funds must meet Level 2 background screening requirements.
All of Provider's employees who work in a school must satisfy Level 2 background screening requirements as provided in
section 1012.32, Florida Statutes. All employees who work in a school must inform their employer within forty-eight (48)
hours if convicted of any disqualifying offenses included in M-DCPS's Employee Manual, while he or she is employed or
under contract in that capacity.
If Provider employs a person, under this Contract or with The Children's Trust's funds, to work in a school who does not
satisfy Level 2 background screening requirements, the employee shall be immediately suspended from working in that
capacity. A clearance letter or an identification badge issued by M-DCPS will be accepted as proof that the employee
satisfactorily completed background screening. A copy of said clearance letter or identification badge must be on file for
each employee hired to work within the school setting.
All Other Providers
Subject to the provisions, limitations and exceptions of all relevant statutory provisions, including sections 1012.465 and
1012.468, Florida Statutes, all employees, volunteers and subcontracted personnel who work in direct contact with
children or who may come into direct contact with children at the site in question must complete a Level 2 background
screening and comply with the requirements thereto prior to commencing work pursuant to this Contract. This
requirement applies to all volunteers who provide more than ten (10) hours of service in any given calendar year to
children, youth and their families. Occasional or transient repair or maintenance persons, vendor representatives,
contractors or subcontractors who have not completed a Level 2 background screening and appear on the site should be
escorted to their work areas and supervised for the entire time they are present on the site by a member of Provider's staff
who has satisfactorily completed a Level 2 background screening.
S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Provider shall comply with all relevant provisions of the Americans with Disabilities Act and other state, federal or local laws
that mandate the accessibility of programs, services and benefits for persons with disabilities. The Children's Trust also
requires Provider implement reasonable programmatic accommodations to include children with disabilities and their
families, whenever possible.
T. REGULATORY COMPLIANCE
1. Nondiscrimination and Civil Rights
Provider shall not discriminate against an employee, volunteer or client of Provider based on an individual's
protected class, which includes race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital
status, familial status, gender identity, gender expression, sexual orientation, source of income, or actual or
perceived status as a victim of domestic violence, dating violence or stalking.
Provider shall have standards, policies, and practices necessary to render services in a manner that respects the
worth of the individual and protects and preserves an individual's dignity.
Additionally, Provider agrees to abide by chapter 11A of the Code of Miami -Dade County, 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. section 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq., as
amended, which, among other things, prohibits discrimination in employment and public accommodations, and by
local governments on the basis of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's
Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or
other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be
in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will
conduct no further business with Provider.
2. Verification of Employment Eligibillity (E Verify)
Provider is obligated to comply with the provisions of section 448.095, Florida Statutes, titled "Employment
Eligibility" This includes but is not limited to utilization of the U.S. Department of Homeland Security's E Verify
System to verify the employment eligibility of all newly hired employees by Provider effective, January 1, 2021, and
requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract
with, or subcontract with any individual who is not authorized under federal law to be employed in the United
States. Provider must verify work status using E Verify within (3) business days of date of hire. If The Children's
Trust has a good faith belief that a Provider has knowingly violated section 448.09(1), Florida Statutes, The
Children's Trust shall terminate its Agreement with the Provider and will not enter into another Agreement or
contract with Provider for at least one year after the termination date of the Agreement. This grounds for
termination is not considered a breach of this Agreement. If The Trust has a good faith belief that a Provider's
subcontractor knowingly violated section 448.09(1), Florida Statutes, but the Provider has otherwise complied
section 448.09 and 448.095, the Children's Trust shall promptly notify the Provider and order the Provider to
immediately terminate the subcontract. Any challenge to termination under this provision must be filed in the
Circuit Court no later than twenty (20) calendar days after the date of termination, and the Provider may be liable
for any additional costs incurred by The Children's Trust resulting from the termination of the Contract. If this
Contract is terminated for a violation of the statute by the Provider, the Provider may not be awarded a contract
with The Children's Trust for a period of one year after the date of termination. Public and private employers must
enroll in the E Verify System ,(http://www.uscis.gov/e-verify) and retain the I-9 Forms for inspection.
3. Public Entities Crime Act
Provider will not violate the Public Entities Crimes Act, section 287.133, Florida Statutes, which applies to a person
or affiliate who is a Provider, consultant or other direct service provider and who has been placed on the convicted
vendor list following a conviction for a public entity crime. Such person or affiliate may not: (a) submit a bid on a
Contract to provide any goods or services; (b) submit a bid for the construction or repair of a public building or
public work; (c) submit bids on leases of real property; (d) be awarded or perform work as a Provider supplier,
subcontractor or consultant; and (e) transact any business in excess of the threshold amount provided in section
287.017, Florida Statutes, for certain statutorily defined purchases for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract
and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive
procurement activities.
4. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami -Dade County's Conflict of Interest and
Code of Ethics Ordinance or Chapter 112, Part III, Florida Statutes, as amended, which are incorporated by reference
as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions
throughout the course of this Contract and in connection with its obligations hereunder. (Refer to
http://ethics.miamidade.gov/libra y2/ 016-publications-rqo/sec%20 2 11-
1 conflict of interest and code of ethics ordinance ianl6.pdf). In addition, Provider agrees to:
• Prohibit members of the Provider's board of directors from directly or indirectly receiving any funds paid by
The Children's Trust to the Provider under this Contract.
• Prohibit members of the Provider's board of directors from voting on matters relating to this Contract which
may result in the Provider's board member directly or indirectly receiving funds paid by the Provider under
this Contract.
• Prohibit members of the Provider's board of directors from voting on any matters relating to this Contract if
they are related to the person or entity seeking a benefit as 1) an officer, director, partner, of counsel,
consultant, employee, fiduciary, beneficiary, or 2) a stockholder, bondholder, debtor, or creditor.
• Prohibit employees of the Provider from directly or indirectly receiving any funds paid by The Children's
Trust to the Provider under this Contract, with the exception of the employee's salary and fringe benefits or
portion of the employee's salary and fringe benefits included in Attachment B.
• Maintain a written nepotism and conflict of interest policy that applies to hiring, providing services to
clients, and procuring supplies or equipment.
• Immediately disclose and justify in writing to The Children's Trust any business transactions between the
Provider on one side, and its board member(s) or its staff on the other side, as well as all related -party
transactions with shareholders, partners, officers, directors, or employees of any entity that is doing
business with the Provider that are funded, partially or entirely, under the Contract with The Children's
Trust, or are in any way related to The Children's Trust -funded program.
5. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with applicable provisions of the Sarbanes-Oxley Act of 2002, including the following:
a. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation.
b. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases
of fraud or abuse.
6. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this
Contract any and all licenses, certifications, approvals, insurances, permits and accreditations required by the state
of Florida, Miami -Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must
be qualified and registered to do business in the state of Florida both prior to and during the Contract term with The
Children's Trust.
7. Incident Reporting
An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or
serious harm to the physical or mental health, safety or well-being of a child participating in the program. Reportable
incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child; injury of a
participant; missing child or abandoned child; loss of property use for the program; or destruction of property used
in the program. Incident definitions can be found on the sample incident report form located on The Children's Trust
website.
Provider and its employees are mandated to immediately report knowledge or reasonable suspicion of abuse, neglect
or abandonment of a child, aged person or disabled adult to the Florida Abuse Hotline on the statewide toll -free
telephone number (800.962.2873), as required by Chapters 39 and 415, Florida Statutes.
Provider shall notify the program manager of any incident as defined within three (3) calendar days after Provider is
informed of such incident. The notification must be in writing and include a copy of the incident report. The report
must contain the following:
Name of reporter (person giving the notice)
Name and address of victim and guardian
Phone number where reporter can be contacted
Date, time and location of incident
Complete description of incident and injuries, if any
Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) calendar days of the
incident. Provider shall provide written notification to The Children's Trust, within seven (7) calendar days of any
legal action related to the incident.
Sexual Harassment
Provider shall complete an incident report in the event a program participant, client or employee makes an
allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone
involved with service arising out of the performance of this Contract, and Provider has knowledge thereof. Provider
shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of
such an allegation. Provider shall submit written notification to The Children's Trust within seven (7) business days of
any legal action which is filed as a result of such an alleged incident.
9. Proof of Policies
Provider and subcontractor, as applicable, shall keep on file copies of their policies, including, but not limited to
those related to, confidentiality, incident reporting, sexual harassment, nondiscrimination, equal opportunity and/or
affirmative action, Americans with Disabilities Act, and drug -free workplace.
10. Mandatory Disclosure
Provider shall disclose to The Children's Trust all administrative proceedings, active investigations and legal actions
(collectively referred to as 'Actions") that it is a party to related to any program funded by The Children's Trust upon
becoming aware of any such Actions including, but not limited to, financial fraud, misuse of funds, child abuse, data
breach, or of confidentiality violations that may lead to potential civil or criminal liability. To the extent feasible, the
Provider shall notify its assigned program manager within twenty-one (21) days of the Provider becoming aware of
such Actions. Failure to comply with this requirement could be deemed a material breach of this Contract, as
determined at the sole discretion of The Children's Trust. Additionally, The Children's Trust, at its sole discretion, will
determine whether such Actions could have an adverse impact on the Provider's ability to deliver the contractual
services and whether to terminate this Contract.
U. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in
the program for Services, and to share information with The Children's Trust for monitoring and evaluation purposes.
Additionally, prior to taking or using still photographs, digital photographs, motion pictures, television transmissions and/or
videotaped recordings of participants, Provider shall ask participants to sign a voluntary Authorization for PhotographNideo
form located on The Children's Trust's website. The form is produced in English, Spanish and Haitian Creole and shall be
made available to Provider. Any refusal of consent must be properly documented and signed by the parent or legal
guardian on the consent form.
V. PROGRAMMATIC DATA REPORTING
Demographic and service information on program participants will be provided to The Children's Trust. 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: Data Requirements and Program Progress Metrics, subject to confidentiality
requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the
timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachments A: Scope of
Services and C: Data Requirements and Program Progress Metrics.
W. MARKETING & PUBLICITY
Provider shall publicize that it has been awarded funding by The Children's Trust. Good quality photos/video increase the
chances that a news media outlet will promote the story. Said news/press release, and multi -media material, must be
submitted to The Children's Trust Communications Department (communicationscompliance@thechildrenstrust.org) for
approval prior to distribution.
Provider shall prominently place The Children's Trust program sign decal on the main entry door or in a visible area of each
of its Trust -funded site locations (unless such placement of signage is specifically prohibited by Provider's lease).
Provider shall ensure that the current The Children's Trust logo is displayed and used in all internal and external materials.
The official The Children's Trust logo shall be displayed on the home page of its website (if Provider maintains a website)
and link it to The Children's Trust website (www.thechildrenstrust.org,); or, if Provider maintains another page on its website
that displays the names and logos of its funding partners, Provider shall include the official The Children's Trust logo on
that page and link it to The Children's Trust website (www.thechildrenstrust.org.). If the funded program is part of a larger
entity, such as a university, the logo may be placed on the web page dedicated to that program on the Provider's website.
In addition, the Provider shall include the following paragraph, along with the logo, on the web page dedicated to the
program funded by this Contract, or elsewhere on its website (in English/Spanish or English/Haitian Creole or all three
languages, depending upon population served):
English:
[Provider Program Name] is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue
established by voter referendum to improve the lives of children and families in Miami -Dade County.
Espanol:
El [Provider Program Name] esta financiado por The Children's Trust. The Children's Trust es una fuente de
financiacion, creada por los votantes en referendum para mejorar la vida de los ninos y las familias en Miami -Dade.
Kreyol:
Se Children's Trust ki finanse[Pwogram Sa-a]. Children's Trust se you sous finansman elekte Miyami-Dade to kreye
nan you referandom. Finansman sa a dedye you pwogram k'ap amelyore lavi ti moun ak fanmi yo.
Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above
language can be altered to read "[Provider Program Name] is funded in part by The Children's Trust..." OR "El
[Provider Program Name] esta financiado en parte por The Children's Trust..." OR "Se Children's Trust ki finance you
pati nan[Pwogram Sa-a]..."
Provider agrees that all program services, activities and events funded by this Contract shall recognize The Children's Trust
as a funding source in any and all publicity, public relations and marketing efforts/materials created under its control on
behalf of the program.
Provider, when appropriate, shall promote with the families and community they serve other Trust funded initiatives that
include, but are not limited to, The Children's Trust Book Club and the Parent Club.
1. COMMUNICATION WITH MEDIA/NEWS OUTLETS
Provider shall request all media representatives to recognize The Children's Trust as a funding source when inquiring
with Provider about the program services, activities, and events funded by this Contract.
2. VIDEO
Provider agrees that any video it produces that depicts activities, services and events funded by this Contract shall
include a full -screen graphic at its end recognizing The Children's Trust as a funding source.
3. SOCIAL MEDIA
Providers that maintain social media accounts are encouraged to:
Post an update on its social media accounts (e.g., Facebook, Twitter, Instagram, etc.) announcing it
has been awarded a funding Contract by The Children's Trust, and tag The Children's Trust's profile
on those social media networks. If The Trust does not have a profile on a particular social media
network, the post should link back to www.thechildrenstrust.orc .
b. State it is funded by The Children's Trust on all of its social media networks' 'About" sections.
c. Tag and/or mention The Children's Trust on all posts related to services, activities and events funded
by this Contract.
d. List The Children's Trust's fan page under "Liked by This Page" on its Facebook page (if Provider
maintains a Facebook page).
e. Follow The Children's Trust Facebook, Twitter, Instagram, Linkedln, YouTube and Pinterest accounts (if
Provider maintains an account on any of these social media platforms).
f. Please make sure to have a signed photo/video release form from the child/minor
parent(s)/guardian(s), in case you plan to share these on social media, videos or any other form of
marketing materials.
4. PRINTED MATERIALS
Provider shall ensure that any and all printed materials it creates for program services, activities and events funded
by this Contract, including, but not limited to, newsletters, press releases, brochures, fliers, advertisements,
signs/banners, letters to program participants and/or their parents/guardians, or any other materials released to the
media or general public, shall state that these program services, activities and events are funded by The Children's
Trust and
a. shall also employ the use of the appropriate The Children's Trust logo.
b. Proofs of all printed material referenced herein must be submitted to The Children's Trust Communications
Department (communicationscompliance@thechildrenstrust.org) for approval prior to production/printing
and release/distribution.
c. Provider agrees to deliver to The Children's Trust, without charge, at least three (3) copies of any and all
printed materials it creates for program services, activities and events funded by this Contract.
d. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this
Contract to the extent provided in, and subject to, the provisions of Sections F: Intellectual Property
and Rights to Developed Materials and H: Intellectual Property Licensing Fees and Costs.
5. TERMINATION OF CONTRACT
Upon termination of this Contract by either party or its expiration and nonrenewal, Provider shall remove all
references to The Children's Trust from its site(s), website, social media accounts, advertisements and promotional
materials, to coincide with the effective date of such termination or expiration.
X. MISCELLANEOUS
1. 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 neutral as the context requires.
2. NO THIRD PARTIES
There are no intended or unintended third party beneficiaries to this Contract.
Y. JOINT PREPARATION
The Parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was
necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation
of this Contract has been their joint effort. The language agreed to expresses the Parties' mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than
the other.
Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the Parties:
Attachment A: Scope of Services
Attachment B: Other Fiscal Requirements, Budget and Method of Payment
Attachment B-1: Payment Structure, if applicable
Attachment C: Data Requirements and Program Metrics
Attachment D: Program -Specific Audit Requirements
Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable
Attachment E-2: Child Care Attestation of Good Moral Character, if applicable
Attachment E-3: Child Abuse & Neglect Reporting Requirements, if applicable
Attachment E-4: Background Screening & Personnel File Requirements, if applicable
Attachment F: Additional Insurance Requirements, if applicable
Attachment G: Other Matters, if applicable
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the
Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if
such remainder would then continue to conform to the terms and requirements of applicable law.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Miami
By:
(signature of Authorized Representative)
Date
Provider Federal ID# 59-6000375
Provider Vendor ID# CITYO758
By:
Date:
The Children's Trust
MIAMI-DADE COUNTY, FLORIDA
(signature)
James R. Haj,
President and CEO
This Contract is not valid until signed by both Parties.
Attachment A - Scope of Services
Group, Individual, and Home Visitation
PROGRAM OVERVIEW
AGENCY SIGNER
Arthur Noriega
INITIATIVE
Group, Individual, and Home Visitation
PROGRAM NAME
Families First Parenting Program
PROGRAM DESCRIPTION
The City of Miami Families First Parenting Program (FF) is a year round parenting program that serves parent/caregivers
and supportive family members of children ages 3 to 6 in Flagami, West Coconut Grove, Allapattah, Little Haiti, Overtown
and Little Havana. FF ensures accommodations are made to include parents/children with disabilities (CWD) and
accommodates families of CWD. FF targets high risk populations that are soc io-econ om ic ally disadvantaged and highly
stressed because of increased risk factors such as parental unemployment, low education, housing difficulties, single
parenthood, poor nutrition, and new immigrant status. Families First uses the Incredible Years evidence based curriculum.
The program is comprised of 18 sessions per cohort and provides workshops to parents/caregivers which enables them to
develop advanced competence and confidence as caregivers. By building parenting competencies and encouraging
involvement in children's school experiences the program strengthens parenting skills and fosters more tolerant
communities. Before and after each parenting workshop session, individual parenting consultation sessions are available
to families needing further assistance to learn the lessons and acquire the skills covered in the class. The sessions are
taught in English, Spanish or Creole depending on the need at each site.
Additionally, FF offers supplemental group sessions to reinforce the curriculum. These supplemental sessions include
instruction in financial empowerment, career assistance, child safety and injury prevention education to families and
children. Field trips to cultural outings include various events, museums and fairs and are implemented as a way of
fortifying the knowledge gained in the training and as a means to practice skills learned in a large public environment.
CONTRACT TIMEFRAME
Year -Round
EVIDENCE -BASED AND PROMISING PROGRAM (EBP):
The Incredible Years
EVIDENCE -BASED AND PROMISING PROGRAMS (EBPS)/CURRICULA
The associated requirements for each selected curriculum(a) are listed below. This contract assumes adherence to these
requisites. The basis for recruitment indicates whether the contracted number of families or participants information will
be used to calculate recruitment and the basis for retention information indicates whether the number of total sessions or
monthly sessions information will be used to calculate retention in determining whether the program is meeting the
contractual obligations for the program participation metric.
Validated Field Output
EBP Incredible Years/ Preschool Basic Program Curriculum*
Curriculum
Program Type Group Parenting Education
Basis for Rec ruitment:Pa rtici pants
Basis for Retention:Total Required Sessions
EBP The Preschool Basic parenting program strengthens parent -child interactions and attachment,
Description reducing harsh discipline and fostering parents' ability to promote children's social, emotional, and
language development. Parents also learn how to build school readiness skills and are encouraged
to partner with teachers and day care professionals so they can promote children's emotional
regulation and social skills. In the parenting groups, trained Incredible Years@ facilitators use
video clips of real -life situational vignettes to support the training and trigger parenting group
discussions, problem solving, and practice exercises. Optional Curriculum Enhancement: The
Advanced Program builds on the Preschool and School Age Basic Programs by focusing on
parents' interpersonal issues such as effective communication and problem solving skills, anger
and depression management, and ways to give and get support. For parents with children ages 4-
12 that completed the Preschool or School Age Basic Program. Per EBP requirement, the target
child/youth IS NOT expected to attend required activity sessions. Attendance is not captured for
children, even if attending childcare, however demographics information must be collected and
entered under the demographics only activity in SAMIS.
Minimum Child Age: 3
Maximum Child Age: 6
Minimum Staff: 2 group leaders where at least 1 of them has a Master's degree or higher
Staffing Staffing Caseloads: 10-14 parents/caregivers per group
Qualifications Supervisors: Supervisors of direct service staff must meet EBP minimum supervisor qualifications
in addition to meeting EBP minimum staff qualifications.
Additional All Parenting programs are expected to support at -risk and challenged families who are
Program experiencing early signs of problem behaviors and/or more likely to experience social, behavioral
Requirements or health problems based on social, educational, economic or environmental factors.
PARTNERS & SERVICE LINKAGE
Partners & Service Linkage
Professional Services: EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC.,
Associated Activity: I -Parenting Workshops: Preschoolers
Description of Role & Expertise:
EXCEL provides trained Program Manager whose role is oversight of the program.
Service End Date:
PROGRAM ACTIVITIES
Attendance -based activities are ongoing intensive services with participants for whom demographics and individual
attendance are reported. This table specifies the unduplicated number of participants expected to complete the program
(i.e., attend the required number of sessions). The number of participants and the responsible staff/facilitators per activity
are identified below in the activities section. Number of children, parents, and families indicate the expected number of
participants who will meet the number of required activity sessions. A family may be comprised of one or more
parent/caregiver and one or more child.
Number of Sessions Offered and Required specifies the number of sessions program will offer participants and the
minimum number of sessions a participant must complete as per Trust requirement. For required activities this is pre -filled
based on EBP curricula and Trust requirement. Participants attending rolling enrollment activities, have varied expectation
depending on their time in the program and Monthly Required Sessions for the activity (i.e., the number of sessions each
participant is expected to have attended per month in the program).
Activity Name and Description
EBP Curriculum:lncredible Years/ Preschool Basic Program Curriculum*
Required or Optional:Required
Activity Name: Parenting Workshops: Preschoolers
Parenting Workshop/Training activities are delivered to parents of preschoolers in a group setting by a trained
facilitator who not only covers the specific content included in the curriculum, but also creates opportunities for
participants to build social supports, expand their insights and understanding, as well as acquire knowledge and
skills around parenting.
Approaches to Implementation:
The City of Miami Families First Parenting Program uses the Incredible Years Preschool Basic prevention
curriculum to provide parenting training groups to cover topics such as: Child directed play; Academic
persistence; Social coaching; Encouraging cooperative behavior; Establishing rules and limits; Effectively
managing misbehavior; Helping children self -regulate; Teaching children time out; Home safety proofing; and
Teaching children beginning problem solving steps. The curriculum provides valuable, consistent and
encouraging parenting practices that set children on their way to a lifetime of success. The program provides
materials in child development awareness and developing positive interactions between parents and children.
Two activity facilitators (Program Instructors) take on the roles of Leader and Scribe, depending on planning and
division of responsibilities. The leader responsibilities include but not limited to leading in disseminating content,
problem -solving efforts, teaching directly when necessary, mediating vignettes. While the Scribe role has
primary responsibility in supporting group engagement and process: group support in running smoothly,
brainstorming, group scanner, back-up of the Leader when a principle or key curriculum is missed, sharing
observations with Leader during break and afterword about group dynamics and process, etc. Program
Manager may as well serve as a co -facilitator.
As an incentive, the program offers each cohort an opportunity to attend a family event at end of the program.
The program will provide transportation, admission, and meals for participating families who attend, as a way
of reinforcing the knowledge gained in the training, and as a means to practice skills learned while in a public
environment. Throughout each cohort, participants will also partake in three -five indoor activities where parents
can practice curriculum skills and later engage in similar activities with their children at home.
Schedule: Occurs during cohort (of 56 families/cohort). Cohort 1 (August 2021 - December 2021) and Cohort 2
Qanuary 2022 - May 2022).
Schedule Type: Cohort
Activity displayed includes modifications to EBP requirements
Service to 30% of families can be delivered via virtual mode
POPULATION AND SITES
POPULATIONS TO SERVE
Low Income or High Need
OTHER TARGET POPULATION
DETERMINE ELIGIBILITY
Activity
Details
Frequency:)
time(s) per
week
Intensity:120
minutes
Duration:18
Weeks
Sessions
Offered: 18
Total
Req u i red
Sessions:15
Monthly
Req u i red
Sessions: 3
Families:112
Parents:112
Children: 0
Families First targets high risk populations that are socio-economically disadvantaged and highly stressed because of
increased risk factors such as parental unemployment, low education, housing difficulties, single parenthood, poor
nutrition, and new immigrant status. Participant eligibility is determined by parent/caregiver responses to an eligibility
form indicating the following: marital status, parental status, education status, current employment status, US
citizenship, and income level. The program is open for enrollment to anyone in the community who is a parent/caregiver
or supportive family member of a child ages 3 to 6 in Flagami, West Coconut Grove, Allapattah, Little Haiti, Overtown, and
Little Havana. Participation is open to Miami residents, people who work in the city or those who live in close proximity to
program sites.
SERVICE SITES
The table below includes sites where services primarily take place. Therefore, families/parents/children receiving services
in multiple locations should only be included in the numbers for the main location.
Site Name and Address
Tiniciti Preschool (The Roads Campus)
2500 SW 3rd Ave. Miami 33129
Service Dates: 8/1/2021 - 9/30/2022
Our Child Care Inc (DBA Our Little Ones)
8037 NE 2nd Ave. Miami 33138
Service Dates: 8/1/2021 - 9/30/2022
Bola Childcare and Learning Center
70 NE 80th St. Miami 33138
Service Dates: 8/1/2021 - 9/30/2022
Holy Comforter Day Care Center
150 SW 13th Ave. Miami 33135
Service Dates: 8/1/2021 - 9/30/2022
St. Alban's Child Enrichment Center
3465 Brooker St. Miami 33133
Service Dates: 8/1/2021 - 9/30/2022
Rainbow Intergenerational Child Care- Little
Havana
700 SW 8th St. Miami 33130
Service Dates: 8/1/2021 - 9/30/2022
Virtual
3150 SW 3rd Ave. Miami 33129
Service Dates: 8/1/2021 - 9/30/2021
PARTICIPANTS
Number of Site
EBP Curriculums(s) at the Site
Participants
Fees
Incredible Years/ Preschool Basic Program
Families:14
NO
Curriculum*
Parents: 14
$
Children: 0
Incredible Years/ Preschool Basic Program
Families:14
NO
Curriculum*
Parents: 14
$
Children: 0
Incredible Years/ Preschool Basic Program
Families:13
NO
Curriculum*
Parents: 13
$
Children: 0
Incredible Years/ Preschool Basic Program
Families:13
NO
Curriculum*
Parents: 13
$
Children: 0
Incredible Years/ Preschool Basic Program
Families:13
NO
Curriculum*
Parents: 13
$
Children: 0
Incredible Years/ Preschool Basic Program
Families:13
NO
Curriculum*
Parents: 13
$
Children: 0
Incredible Years/ Preschool Basic Program
Families:32
NO
Curriculum*
Parents: 32
$
Children: 0
The table below includes the number of unduplicated children, parents, and families expected to complete the program
(i.e., attend the "required" number of sessions for all core activities). Only children expected to attend the curriculum
sessions, as per EBP, are included here. A family may be comprised of one or more parent/caregiver and one or more
child. It is expected that at least half of the contracted participants/families will be enrolled in the program by mid -year.
Programs offering cohort activities should ensure that the proposed cohort schedule accounts for this expectation.
Generally, total enrollment numbers must exceed the target number of "completers" since not every family enrolled will
complete the program.
Type of Number of Number of participants Percentage of Families with Child Target Child Age
Participant Participants awarded with Disabilities Range
Children/Youth 0 0 0% 3 - 6
Families 112 112 5% 0 -0
Parents/Caregivers 112 0 0% 0 -0
PARTICIPANT OUTCOMES
The table below includes the outcomes required based on the EBP curriculum(a) selected. If more than one curriculum is
included, the same outcome may be displayed repeatedly. It will also contain any additional outcomes proposed (up to
two (2)) that relate to specific benefits expected as a result of the program. Targets are justified on the basis of past
actual achievement and target population. The percentage indicated refers to the number of participants served
expected to meet the meaningful improvement benchmark. Where applicable, screenings are not expected to have a
target percent.
Outcome Data Source and Measurement Details
Administration End
Details Date
Agree:
Tool Details: Adult -Adolescent Parenting Inventory (AAPI-2):
EBP Curriculum:
80% of Parents/primary
(Constructs B through E)• # Items: 40 (33 items related to B-E)•
Incredible Years/
caregivers increase
Scoring: Sten Scores • Range: 1 (highest risk of abusive parenting
Preschool Basic
positive parent -child
behaviors) to 10 (lowest risk) for each construct
Program
interactions. (Required)
Curriculum*
Meaningful Improvement: Post-test Sten score of 5 or higher on each
of the constructs (out of the high risk category) OR Post-test score of 5
Service
or higher on Construct B and a 1 point increase in 2 of the 3 other
Component:
constructs from Pre- to Post-test
Parent Measures
Timing Details: Pre -test is administered by the 2nd session of the
program and Post-test is administered within the last two sessions of
program completion.
Agree: Tool Details: Strengths and Difficulty Questionnaire (SDQ) (Parents of
80% of Children/Youth children 2-17 years old)- # Items: 25 (20 items comprised of all but the
decrease problem Prosocial scale are used for this outcome)- Scoring: Sum (each item is
behavior or maintain scored using a likert-scale from 0-2)Range: 0-40
appropriate behavior.
(Required) Meaningful Improvement: A Post-test score below 17 (in the
borderline to normal range) OR If Pretest score is at or higher than 17
(the abnormal range) the post test score must be 2 points lower than
pre test
Timing Details: Pre -test is administered by the 2nd session of the
program and Post-test is administered within the last two sessions of
program completion.
STAFFING TABLE
Related Activity:
Parenting
Workshops:
Preschoolers
EBP Curriculum:
Incredible Years/
Preschool Basic
Program
Curriculum*
Service
Component: Child
Measures
Related Activity:
Demographics Only
All persons delivering the services required by this contract must 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 and to provide and perform such services to The Children's Trust's satisfaction. To this end, ongoing
program evaluation and professional development supports are offered and providers are expected to actively participate.
Supervisory and direct service staff must be trained in their selected EBP and maintain fidelity through ongoing EBP
trainings and supports such as coaching and/or peer learning as applicable. In addition, supervisors and program staff are
also expected to attend general trainings relevant to their service delivery models identified in The Children's Trust
Training Expectations document.
Position Title and Details Qualifications, Responsibiliites, and Certifications
Program Manager Qualifications: Bachelor Degree or equivalent experience in program
management;
Category:Other Certified Incredible Years Curriculum Group Leader.
Number of Staff: 1
Classification:Professional Responsibilities: Serves as curriculum co -facilitator;
Services Facilitates and supervises the Incredible Years (IY) curriculum sessions and
Direct Service Staff:YES supplemental sessions with program partners;
Supervisory Staff:YES Sets up program sites;
Meets with the site directors;
Assesses site readiness for the program;
Creates advertising and marketing strategies and tools for participants'
recruitment;
Creates program schedules and year calendar for collaborators;
Recruits participants using grassroots strategies in the communities;
Attends site parent meetings and Open House orientation at the sites;
Assists participants with the Children's Trust Registration packets;
Administers program evaluation tools;
Administers and interprets the program checklist at the end of each session
for the teachers and the participants;
Reviews all data to assure program fidelity and effective teaching modalities;
Facilitates ongoing support groups and peer review with the parents;
Completes final evaluation of the program and interpretation of all data;
Coordinates with Staff Services Assistant three City-wide events highlighting
child safety, school readiness, parent/child interaction, and family activities.
Instructors Qualifications: Based on the staffing educational/ experience requirements
specified by the Evidence Based Program (EBP), as well as training and/or
Category:Instructor/Facilitator certification for the EBP.
Certified
Number of Staff: 2 Responsibilities: Deliver specialized evidence based practices which may
Classification:Professional include home visitation, group facilitation parent activities, and/or individual
Services family support activities as defined by the Evidence Based Program.
Direct Service Staff:YES
Supervisory Staff:NO
Creole Instructor
Qualifications: Based on the staffing educational/ experience requirements
specified by the Evidence Based Program (EBP), as well as training and/or
Category:Instructor/Facilitator
certification for the EBP.
Certified
Number of Staff: 2
Responsibilities: Deliver specialized evidence based practices which may
Classification:Volunteer
include home visitation, group facilitation parent activities, and/or individual
Direct Service Staff:YES
family support activities as defined by the Evidence Based Program.
Supervisory Staff:NO
Related
Subcontractor
Budget
Staff Services Assistant
39943
Category:Other
Number of Staff: 1
Classification:Part-
time/Seasonal
Direct Service Staff:NO
Supervisory Staff:NO
Education Coordinator
39956
Category:Support Staff
Number of Staff: 1
Classification:Full Time
Direct Service Staff:NO
Supervisory Staff:YES
Qualifications: High School Diploma or Associate Degree
Responsibilities: Responsible for open and closing of program, attend and
assist Program Manager at site parent meetings and Open House orientation,
assist with the registrations, pre & post tests, survey's, collect weekly
attendance and sign -in log, plan field trips and activities for program. Assist
Program Manager with assigned on site programmatic duties as necessary,
assist with classes and events as necessary. Perform data entry for program,
including but not limited to program attendance and measurement tool
scores.
Qualifications: A high school diploma or General Equivalency Diploma (GED).
Responsibilities: Performs other duties related to program delivery. May be
responsible for a variety of assignments such as bus driver, cook, and
maintenance worker, etc.
ATTACHMENT B
OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
Budget amendments/revisions
Budget amendments/revisions require written approval from the designated Program Manager and The Children's Trust's
Chief Financial Officer or their designees. Requests for budget amendments/revisions must be submitted to the Program
Manager using Trust Central, or the appropriate form, as designated by The Children's Trust. All budget
amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be used
to increase the total Contract amount or to modify the Scope of Services. No more than two budget amendments/revisions
may be approved during the Contract term. Budget amendments/revisions will be disallowed if they seek to revise
retroactive costs not previously budgeted. All budget amendments/revisions must adjust for operational activity effective
as of the previously billed period. Budget amendment/revision requests must be submitted sixty (60) days prior to the
expiration of the Contract. Approved budget amendments/revisions will be incorporated into the Contract.
Invoice/ Request for Payment Requirements
Provider shall submit an invoice/request for payment, utilizing the format prescribed by The Children's Trust and in
accordance with the approved budget or approved budget revision(s). This format may entail the electronic submission of
an invoice/request for payment in the SAMIS module in accordance with the approved budget or budget
amendments/revisions, paper invoice, spreadsheet, or other submission method. The Children's Trust will notify the
Provider of the method of submittal. Invoices/request for payments not submitted in the SAMIS module shall be submitted
by the Provider to The Children's Trust at: accountspayable@thechildrenstrust.orc and to the Provider's Trust staff member
assigned to this Contract. The invoice/request for payment must include The Children's Trust's issued Purchase Order
number, agreement number, and a unique invoice number assigned by the Provider. Submissions to
accountspayable@thechildrenstrust.org, must contain only the invoice/request for payment and no additional
correspondence. Attachments and other documentation included with the invoice/request for payment submitted to
accountspayable@thechildrenstrust.org, will render the invoice as being not properly submitted. The invoice/request for
payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were paid
(exclusive of legal holidays or weekends) or when the deliverable was accepted by The Children's Trust. The Children's Trust
will consider all invoices/request for payment received after the fifteenth (15th) of each month as late, even if the cause of
a late submission is due to the delayed approval of a budget or amendment in the SAMIS module. The Children's Trust
agrees to reimburse Provider on a monthly basis, provided that the Contract utilizes a cost reimbursement method of
payment. Any expense included on an invoice/request for payment relating to a reimbursement request that pertains to a
check dated greater than two months prior to the invoice/request for payment will not be approved. The Children's Trust
reserves the right to request any supporting documentation related to this Contract.
For the purpose of payment only, a subcontractor is defined as an independent agency or entity that has entered into an
agreement with a Trust -funded provider to perform and oversee multiple components of the program service delivery as
well as programs participants on behalf of that provider. If there are subcontractors to this Contract, and the
invoices/request for payment are to be submitted using SAMIS, then Form D: Attestation of Payment must be uploaded to
The Children's Trust's electronic system Document Repository no later than thirty (30) days after payment to
subcontractor. If invoices/requests for payment are submitted using SAMIS, upon the close of this Contract, Provider is
required to complete Form E: Close-out Attestation of Payment, which must be uploaded to The Children's Trust's electronic
system Document Repository no later than thirty (30) days after payment to subcontractor. These forms may be
downloaded from The Children's Trust's website.
A final invoice/request for payment (for the last month of the Contract term) from Provider will be accepted by The
Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, then all rights to
payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds, which are not in accordance with this Contract and to
which it is not entitled, then Provider shall return such funds to The Children's Trust or submit appropriate documentation
to support the payment within thirty (30) days of notification by The Children's Trust. After thirty (30) days, The Children's
Trust may recapture amounts due to The Children's Trust from this or any Contract by reducing amounts requested to be
reimbursed less the amount owed to The Children's Trust. The Children's Trust shall have the sole discretion in determining
if Provider is entitled to such funds in accordance with this Contract. The Children's Trust decision on this matter shall be
binding.
In the event that Provider, its independent CPA firm or The Children's Trust discovers that an overpayment has been made,
Provider shall repay the overpayment within thirty (30) calendar days of discovery of the event by the Provider or
notification of overpayment by the Provider's independent CPA firm or The Children's Trust.
If Provider fails to serve the contracted 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 funded. Any delay in amendment by The
Children's Trust is not deemed a waiver of The Children's Trust right to amend or seek reimbursement for under -serving
participants in accordance with the Contract.
An invoice/request for payment will be deemed proper as defined by the Florida Prompt Payment Act, chapter 218, Part
VII, Florida Statutes, if the request complies with the requirements set forth in this Contract and is submitted on the forms
prescribed by The Children's Trust. Invoices/requests for payment and/or documentation returned to Provider for
corrections may be cause for delay in the receipt of payment. Late submission may result in delay in the receipt of
payment. Upon receipt of Provider's properly submitted invoices/request for payment and/or other required
documentation, The Children's Trust shall pay Provider in accordance with the Florida Prompt Payment Act.
The Children's Trust may retain any payments due until all required reports, deliverables, or monies owed to The Children's
Trust are submitted and accepted by The Children's Trust.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of 10 percent of the total Contract
amount. "Indirect administrative costs" includes operational costs that support the performance of programmatic
functions but are not directly incurred as a result of the program.
Match Requirement
When a specific solicitation or procurement require partial match funding, said funds should be reasonable, necessary,
and/or required for the program. Match funding requirements may be satisfied with cash or in -kind contributions including
non-federal cash dollars, donated items, and/ or services that are part of the overall cost of operating the program.
Matching funds must originate from a funding source other than The Children's Trust.
The Children's Trust reserves the right to ask for substantive documentation to support the match at any time and such
documentation must be presented to Provider's independent auditors as part of its annual financial statement audit.
Direct Deposit of Payment
As a requirement of this Contract with The Children's Trust, Provider agrees that prior to, or on the date commencing the
effective term of this Contract, Provider will enroll in The Children's Trust's direct deposit program. Payment may be
withheld until such time enrollment is completed. The direct deposit program requires that all payments received from The
Children's Trust are directly deposited into the Provider's designated bank account held in a financial institution located int
the United States.
Cost Reimbursement Method of Payment
Where indicated herein or Attachment Blthe parties agree that this is a cost reimbursement method of payment Contract.
Provider shall be paid in accordance with the approved budget and/or approved budget amendments/revisions as set forth
herein, as well as based on the actual costs incurred. Provider will be paid in accordance with the approved budget,
typically after expenses are incurred. Provider also agrees to pay its subcontractors, vendors and employees for the
fulfillment of services provided on a timely basis. The Trust expects that Provider maintain sufficient funds in the amount of
at least 15 percent of its operating budget. Adequate working capital is considered a best practice and is necessary when
managing a cost reimbursement contract. Provider is expected to possess the funds necessary to cover initial program
expenses, and then request reimbursement from The Trust.
Deliverable -Based Method of Payment
Where indicated herein or Attachment B1, the parties agree that this is a deliverable based Contract, and Provider will be
paid based on acceptance by The Children's Trust of deliverables as outlined in Attachment A and the fee per deliverable as
stated herein or Attachment B1. Provider will submit required reports and/or deliverables in accordance with the
deliverable schedule set forth in Attachment 131 or in Attachment A if not included herein. If Provider fails to submit
approved deliverables in accordance with the Contract, The Children's Trust may amend the Contract to reduce the
amount of dollars representing the deliverables not provided. Any delay in amendment by The Children's Trust is not
deemed a waiver of The Children's Trust's right to amend or seek reimbursement for deliverables not provided in
accordance with the Contract.
Timely Payment by Provider
Provider also agrees to timely pay subcontractors, vendors, and employees for the fulfillment of services provided in this
Contract. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this
Contract, except for any advanced payments by The Trust, shall be accompanied by an invoice/request for payment from
The Children's Trust.
Advance payment requests
The Children's Trust offers advance payments up to 15 percent of the total Contract value. The Children's Trust will only
approve advance requests that are equivalent to the total amount of the first two (2) months programmatic expenditures
and up to 15 percent of the total Contract value. Determinations of programmatic expenditures will be supported by the
immediate prior year's performance or a detailed listing of estimated expenditures. Advance requests shall be limited to
governmental entities and not -for -profit corporations, in accordance with section 216.181(16)(b), Florida Statutes.
Advance requests must include the amount requested and a justification for the request. Advance requests must be
submitted using the designated form and must be approved in writing by The Children's Trust's Program Manager and
Chief Financial Officer or their designees. Advance payments are made at and within the sole discretion of The Children's
Tru st.
Advance repayment
Upon receipt of an advance, repayment must be credited to proceeding reimbursement requests within sixty (60)
calendar days. Provider shall report the amount of the advance repayment in The Trust electronic system using the
"advances/adjustments" button on the reimbursement screen. If a Provider does not use the specified Trust electronic
system, the Provider is required to deduct its advance repayment from each invoice/request for payment, consecutively,
until the advance is repaid in full.
List of Pre -Qualified Program -Specific Auditing Services
To receive reimbursement for the preparation of the program specific audit, as defined, Provider must choose from a list of
pre -qualified independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust website. The
amount requested for reimbursement must meet the requirements of The Children's Trust. Inclusion in this pre -
qualification requires that a CPA firm meet the following three criteria:
(a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified
Public Accountants peer review program as evidenced by submitting a triennial System Review Report with a passing score
to The Children's Trust;
(b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental
accounting and/or nonprofit accounting with the application of Government Auditing Standards. and (c) completion of a
training session on the audit requirements of The Children's Trust contract conducted by The Children's Trust Finance
Department.
Alternatively, Provider may also receive reimbursement if Provider is subject to audit by a federal, state or local Office of
Inspector General and such Office of Inspector General conducts an audit and charges Provider for said audit services.
Supporting Documentation Requirements
Provider shall maintain original records documenting actual expenditures and services provided according to the approved
budget and Scope of Services. Supporting documentation shall be made available and provided to The Children's Trust
upon request.
Provider shall keep accurate and complete records of any fees collected, reimbursement or compensation of any kind
received from any client or other third party, for any service covered by this Contract, and shall make all such records
available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that is used to
allocate its costs to ensure that The Children's Trust is only paying its fair share of costs for services, overhead and staffing
devoted to the program or services funded by this Contract. Such methodology shall be made available to The Children's
Trust upon request.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
CSC Program Allocation: $202,032
Budget Status: Pending Contract Approval
Salary Accounts
Account # Title
Budget Summary Report
City Of Miami - PAR XX10-7580 City of Miami
Fiscal Year 21-22 (8/01/21 - 9/30/22)
Contract M 2210-7580
Original Original Amended
Program CSC CSC
Budget Budget Budget
511
Regular Salaries and Wages
95,650.00
22,944.00
22,944.00
521
FICA/MI CA
7,317.00
1,755.00
1,755.00
522
Retirement Contributions
0.00
0.00
0.00
523
Life and Health Insurance
0.00
0.00
0.00
524
Workers Compensation
0.00
0.00
0.00
525
Unemployment Compensation
0.00
0.00
0.00
Expense Accounts
Account #
Salary Totals:
Title
102,967.00
Original
Program
Budget
24,699.00
Original
CSC
Budget
24,699.00
Amended
CSC
Budget
531
Travel (other than participants)
1,120.00
1,120.00
1,120.00
532
Travel (participants)
1,680.00
1,680.00
1,680.00
533
Meals (participants)
20,580.00
20,580.00
20,580.00
534
Space
14,400.00
0.00
0.00
535
Utilities
630.00
630.00
630.00
536
Supplies (office)
4,041.00
4,041.00
4,041.00
537
Supplies (program)
9,878.00
9,878.00
9,878.00
540
Non -Capital Equipment
4,925.00
4,925.00
4,925.00
550
Capital Equipment
0.00
0.00
0.00
591
Indirect Cost
14,567.00
14,567.00
14,567.00
611
Subcontractor
0.00
0.00
0.00
711
Professional Services (instructors)
11,340.00
11,340.00
11,340.00
721
Professional Services (certified teachers)
0.00
0.00
0.00
731
Professional Services (tutors)
0.00
0.00
0.00
741
Professional Services (consultants)
0.00
0.00
0.00
791
Professional Services (other)
80,001.00
80,001.00
80,001.00
811
Other (advertising)
0.00
0.00
0.00
821
Other (background screening)
0.00
0.00
0.00
831
Other (admission to field trips)
15,000.00
15,000.00
15,000.00
891
Other (other)
3,920.00
3,920.00
3,920.00
529
Fringe Benefits (other)
0.00
0.00
0.00
841
Program Specific Audit
6,000.00
6,000.00
6,000.00
751
Professional Services (Evaluation)
0.00
0.00
0.00
Expense Accounts
Account # Title
Original Original Amended
Program CSC CSC
Budget Budget Budget
851
Other (Volunteers)
4,120.00
0.00
0.00
852
Other (Special Events)
0.00
0.00
0.00
853
Other (Required Staff Training)
0.00
0.00
0.00
854
Other (Discretionary Funds)
3,651.00
3,651.00
3,651.00
855
Other (conference registration)
0.00
0.00
0.00
2000
Salary Summary
0.00
0.00
0.00
2005
EBP Trainings
0.00
0.00
0.00
Expense Totals:
Salary and Expense Totals:
195,853.00
298,820.00
177,333.00
202,032.00
177,333.00
202,032.00
Program Funders
Summary Funders
Funder Type Funder Total Comment
In -Kind Contributions In -Kind Contributions (Summary) 96,788.00 City Education Coordinator Salary,
Volunteer In Kind, Center Space,
Summary Funder Totals: 96,788.00
Comprehensive Budget/Amendment Report
City Of Miami - PAR XX10-7580 City of Miami
Fiscal Year 21-22 (8/01/21 - 9/30/22)
Contract #: 2210-7580
Original Budget and Approved/Unapproved Amendments
Salary Data
Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend
Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp
Education Coordinator (39956)
Staff: Balsera, Esther (31831)
Gross: 82,640.00 82,640.00 6,322.00 6,322.00
Program: 72,706.00 72,706.00 5,562.00 5,562.00
CSC: 0.00 0.00 0.00 0.00
Time Period # Of People Rate Wks Funded
Year Round 1.00 39.73 61.00
Total Distribution to Program Salary
Percentage of Distribution to Gross Salary
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Original Distribution
Program Allocation
CSC Allocation
Match Allocation
Hrs/Week
Amt
Hrs/Week
Amt
Amt
30.00
72,706.00
0.00
0.00
88%
72,706.00
0%
0.00
100%
72,706
88%
0%
88%
Original Budget Narratives:
Work Status: Full -Time
Paid: Bi-Weekly
Source of Match: City of Miami
Budget Amendment Narratives:
Approved Date:
Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend
Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp
Fringe Benefits (40126)
Staff: Benefits, Fringe (41506)
Gross: 0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Program: 0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
CSC: 0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Original Budget Narratives:
FICA/MICA
At 7.65% rate of salaries totaling $95,650.00
Total Program Cost: $7,317.00
Total CSC request: $1,755.00
Source of Match: City of Miami
Worker's Comp:
The provider is self -insured for workers' compensation. They do not currently cost allocate any premium surcharges back to the originating
departments,
so there are currently no premium charges to report.
Unemployment:
The provider is a fully reimbursable entity and as such does not incur any premium charges. They reimburse all
costs incurred due to former employees claiming unemployment benefits on the basis of actual
charges incurred. As such, there are no specific premium charges being incurred for unemployment insurance.
Budget Amendment Narratives:
Approved Date:
Position Orig Amend Orig Amend Orig
Amend
Orig
Amend
Orig
Amend
Orig
Salary Salary FICA FICA Retire
Retire
Insur
Insur
WC
WC
Unemp
Staff Services Assistant (39943)
Staff: Gonzalez, Stepahnie (46454)
Gross: 19,559.00 19,559.00 1,496.00 1,496.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Program: 22,944.00 22,944.00 1,755.00 1,755.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
CSC: 22,944.00 22,944.00 1,755.00 1,755.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Time Period
# Of People
Rate
Wks Funded
Year Round
1.00
12.75
61.00
Year Round
1.00
12.75
61.00
Total Distribution to Program Salary
Percentage of Distribution to Gross Salary
Amend
Unemp
0.00
0.00
0.00
0.00
0.00
0.00
Original Distribution
Program Allocation
CSC Allocation
Match Allocation
Hrs/Week
Amt
Hrs/Week
Amt
Amt
0.00
0.00
29.50
22,944.00
29.50
22,944.00
0.00
0.00
117%
22,944.00
100%
22,944.00
0%
0
117%
117%
0%
Original Budget Narratives:
Work Status: Part -Time
Paid: Bi-Weekly
Source of Match: N/A
Budget Amendment Narratives:
Approved Date:
Salary Totals
Percentage of Program Distribution to Gross Salary: 94% Percentage of CSC Distribution to Gross Salary: 22%
Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend
Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp
Gross:
102,199.00
102,199.00
7,818.00
7,818.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Program:
95,650.00
95,650.00
7,317.00
7,317.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
CSC:
22,944.00
22,944.00
1,755.00
1,755.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Expense Data
Account # Account Name
531 Travel (other than participants)
Original Budget Calculation:
(.56*200.10)
Original Budget Narratives:
Mileage for staff services assistant travel to sites (.56 x 200 miles x 10 months = $1,120.00)
Budget Amendment Narratives:
Approved Date:
Account # Account Name
532 Travel (participants)
Original Budget Calculation:
48*5*7
Original Budget Narratives:
Buses for families for field trip: $48 per bus/per hour x 5 hours x 7 buses (1 per center) _ $1,680.
Based on the nature of the event, we are required as needed by the program to transport participants to and from the event.
Orig CSC Budget Amend CSC Budget Orig Frog Budget Amend Prog Budget
1.120.00 1.120.00 1.120.00 1.120.00
Orig CSC Budget Amend CSC Budget Orig Frog Budget Amend Prog Budget
1,680.00 1,680.00 1,680.00 1,680.00
Budget Amendment Narratives:
Approved Date:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
533 Meals (participants) 20,580.00 20,580.00 20,580.00 20,580.00
Original Budget Calculation:
(4.93*224*18)+ (3.51*100*2)
Original Budget Narratives:
Per EBP Incredible Years Curriculum, daily dinner at each session:
$4.93 per participant x 224 participants (112 adults + 112 children) x 18 sessions + Field trip meals in which participants receive lunch. $3.51 per participant x 200 individuals (60 per cycle -
parents & children + additional family members)
Source of Match: N/A
Budget Amendment Narratives:
Approved Date:
Account # Account Name
Orig CSC Budget
Amend CSC Budget
Orig Prog Budget
Amend Prog Budget
534 Space
0.00
0.00
14,400.00
14,400.00
Original Budget Calculation:
(6*200*12)
Original Budget Narratives:
6 child care centers, operational for two cycles, at $12 per square ft and approximately 200 sq. feet.
Source of Match: City of Miami Childcare Centers
Budget Amendment Narratives:
Approved Date:
Account # Account Name
Orig CSC Budget
Amend CSC Budget
Orig Prog Budget
Amend Prog Budget
535 Utilities
630.00
630.00
630.00
630.00
Original Budget Calculation:
(60*14*.75)
Original Budget Narratives:
Cell Phone Allowance for Education Coordinator $60 per month x 14 months x 75%
Budget Amendment Narratives:
Approved Date:
Account # Account Name
536 Supplies (office)
Original Budget Calculation:
4040.64
Original Budget Narratives:
Within 2% of the funding amount.
Budget Amendment Narratives:
Approved Date:
Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
4,041.00 4,041.00 4,041.00 4,041.00
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
537 Supplies (program) 9,878.00 9,878.00 9,878.00 9,878.00
Original Budget Calculation:
(24.95* 112)+(32.00*112)+(50.00*10*7)
Original Budget Narratives:
The Incredible Years: A Troubleshooting Guide for Parents of Children Aged 3-8 Years (24.95 * 112). The Incredible Years: Wally's Detective Books for Solving Problems Set of 4 Books
(32.00*112). Materials for IY Teacher session use ($50 per month * 10 months * 7 sites). Based on program needs, supplies may be replaced per approval of the Trust.
Budget Amendment Narratives:
Approved Date:
Account # Account Name
540 Non -Capital Equipment
Original Budget Calculation:
300 + 230 + 321.99 + 219.80 + 400 + (489*4) + (499*3)
Original Budget Narratives:
Storage Cabinet $300
5-Shelf Bookcase $230
14-Sheet Cross -Cut Shredder $321.99
Guest Chair $219.80
LaserJet Printer $400
Dell Laptops 489*4
Epson® EX3280 XGA 3LCD Portable Projector $499*3
Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
4,925.00 4,925.00 4,925.00 4,925.00
Total Program & CSC: $4,925
Budget Amendment Narratives:
Approved Date:
Account # Account Name Orig CSC Budget Amend CSC Budget
591 Indirect Cost 14,567.00 14,567.00
Original Budget Calculation:
14567
Original Budget Narratives:
Less than 10% of total funding amount
Budget Amendment Narratives:
Approved Date:
Account # Account Name Orig CSC Budget Amend CSC Budget
711 Professional Services (instructors) 11,340.00 11,340.00
Original Budget Calculation:
(30.00*216)+(30.00*162)
Original Budget Narratives:
4 English/Creole speaking centers x 18 IY sessions = 72 sessions. 3 hours per session x 72 sessions = 216 hours. $30.00 an hour x 216 hours = 6,480
3 English/Spanish speaking centers x 18 IY sessions = 54 sessions. 3 hours per session x 54 sessions = 162 hours. $30.00 an hour x 162 hours = 4,860
Budget Amendment Narratives:
Approved Date: -
Account # Account Name
Orig Prog Budget Amend Prog Budget
14,567.00 14,567.00
Orig Prog Budget Amend Prog Budget
11,340.00 11,340.00
Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
791 Professional Services (other) 80,001.00 80,001.00 80,001.00
Original Budget Calculation:
(1777.8*45.00)
Original Budget Narratives:
EXCEL(Exceptional Consulting for Educational Leaders):
Constitutes of a Program Manager, certified in the Incredible Years Curriculum. EXCEL will facilitate and supervise the Incredible Years (IY) curriculum parenting training sessions and parenting
supplemental sessions.
$45 per hour x 148.15 hours per month x 12 months=$80,001
80.001.00
Budget Amendment Narratives:
Approved Date:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget
831 Other (admission to field trips) 15,000.00 15,000.00 15,000.00
Original Budget Calculation:
(25-200.3)
Original Budget Narratives:
$25 per participant X 200 participants (100 per cycle - parents, children, and families) X 3 field trips (2 indoor field trips and 1 outdoor field trip). Indoor field trip may include and not limited to Cooking
with Kids, Gymboree, and Arty Van Gogh. Out door field trip may include and not limited to Frost Museum and The Children's Museum.
Budget Amendment Narratives:
Approved Date:
Account # Account Name Orig CSC Budget
841 Program Specific Audit 6,000.00
Original Budget Calculation:
6000
Original Budget Narratives:
$6,000 for required Program Specific Audit
Budget Amendment Narratives:
Approved Date:
Account # Account Name Orig CSC Budget
851 Other (Volunteers) 0.00
Original Budget Calculation:
25.43*162
Original Budget Narratives:
3 Creole Speaking Centers x 18 sessions = 54 sessions. 3 hours per session x 54 sessions = 162 hours. $25.43 p/h x 162 hours.
Budget Amendment Narratives:
Approved Date:
Amend Prog Budget
15.000.00
Amend CSC Budget Orig Prog Budget Amend Prog Budget
6,000.00 6,000.00 6,000.00
Amend CSC Budget Orig Prog Budget Amend Prog Budget
0.00 4,120.00 4,120.00
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
854 Other (Discretionary Funds) 3,651.00 3,651.00 3,651.00 3,651.00
Original Budget Calculation:
3651
Original Budget Narratives:
Within 2% of award amount
Budget Amendment Narratives
Approved Date:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
891 Other (other) 3,920.00 3,920.00 3,920.00 3,920.00
Original Budget Calculation:
(25+10)"16'7
Original Budget Narratives:
Milestone Rewards will be provided to participants throughout the course of the program. Incentives will include family activity games, puzzles, books, cd's, baby care products and educational
games.
Milestone Rewards: $25 per participant x 16 participants x 7 centers = $2,800
End of Program Recognition will be provided to participants who complete the required program sessions. Participants will receive certificates and program shirts on their last session.
End of Program Recognition Rewards: $10 per participant x 16 participants x 7 centers = $1,120.00
Budget Amendment Narratives:
Approved Date: -
Expense Totals Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
177,333.00 177,333.00 195,853.00 195,853.00
Salary, Expense, and Subcontractor Totals Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
202,032.00 202,032.00 298,820.00 298,820.00
Grand Total: $0.00 $0.00 $0.00
ATTACHMENT C: Data Requirements and Program Metrics
The Children's Trust requires Providers to continually collect metrics on the quantity, quality and impact of service efforts.
The purpose of data collection, reporting and analysis is to promote continuous improvement in program quality and
participant outcome achievement. Contract -specific reporting requirements are identified in Attachment A - Scope of
Services.
The Program Metrics tool can be found on the Children's Trust website and it details the components that are regularly
reviewed by Trust staff or approved contractors. These components —as well as the way they are rated —are specific to the
initiative and can be revised throughout the funding cycle.
Successful programs regularly monitor the quality of their own implementation at the site level, offer staff training and
coaching on program components, and incorporate feedback from participants and staff.
Data requirements:
As applicable, provider is expected to collect and enter demographic, attendance, screening, and assessment data in a
timely manner, while incorporating practices that ensure data quality and integrity. Data must be collected using the
appropriate tools (e.g., required demographic fields can be found in the Child and Adult Information Forms found on
The Children's Trust website) and entered in a timely manner into a Trust approved data system. All data entered must be
reviewed and validated by the provider no later than the 15th of month following the month in which services were
delivered.
As applicable, provider may also be expected to complete a Program Narrative Report (see initiative specific requirements -
including timing —in the Initiative Specific Reporting Requirements on The Children's Trust website) that captures a
brief account of the program's successes, challenges, and supports needed.
With each submission, the provider attests, based on his/her best knowledge, information and belief, that all data
submitted in conjunction with the reports are accurate, truthful and complete. The Trust and Trust approved partners shall
access these data —either via direct access to the system used by the provider and/or via a data feed to The Trust's
Integrated Data Repository—, use it and analyze it for evaluation and strategic planning purposes.
Program Metrics:
• Compliance Items: Provider shall fulfill all applicable compliance items specified in the safety, administrative and
fiscal compliance component in the Program Metrics tool, as well as in the Required Documentation Checklist
posted on The Children's Trust website.
• Quarterly or Yearly Growth Plan: In partnership with the Contract Manager, the provider will develop and
implement Growth Plans up to four times per contract year. A Growth Planning Guidance Document with
additional information can be found on The Children's Trust website.
Additional Program Continuous Quality Improvement Requirements:
Provider must ensure appropriate staff and subcontractors attend various Trust -sponsored or facilitated trainings. Training
requirements by initiative are detailed on The Children's Trust website. At a minimum, staff will be required to attend
the following annually:
Contract management trainings
The Children's Trust provider meetings
SAMIS training for budgets, amendments, invoices, SAMIS programmatic and reports trainings
Content -specific trainings related to program quality and performance measures (e.g., Injury Free, ACT, Project
RISE, evidence -based programs, and measurement tools).
Attachment D
Program -Specific Audit Requirements
The Program -Specific Audit must encompass an audit of The Children's Trust Contracts in accordance with Section O:
Records, Reports, Audits and Monitoring of this Contract. The comprehensive nature of auditing performed in
accordance with the standards set forth below places on the independent certified public accounting firm (CPA) the
responsibility for ensuring that (1) the audit is conducted by personnel who have the necessary skills; (2) independence is
maintained; (3) applicable standards are followed in planning and conducting audits and reporting the results; (4) the
organization has an appropriate internal quality control system in place; and (5) the organization undergoes an external
quality control review.
Program -Specific Audits must be conducted in compliance with AU-C 935 and are required to include
performing tests of controls over compliance.
An auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance, and in
doing so, the assessed control risk must be assessed at low during the planning stage. If the auditor determines a lack of
controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are not effective
regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency
or material weakness) should be reported.
The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of
inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust Contracts.
The Program -Specific Audit requires the following components (a sample format may be found on The Children's Trust
website):
1. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts
2. Schedule of Expenditures of The Children's Trust Contracts
3. Notes to Schedule
4. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal
Control over Compliance
5. Schedule of Findings and Questioned Costs
At a minimum, the auditor must include the following tests in its audit program to ensure that the compliance
requirements set forth in The Children's Trust compliance supplement are met. They are:
The Children's Trust Compliance Supplement to the Program -Specific Audit:
Compliance Program -Specific Audit Example
Requirement Implication
a) Internal Controls
1) An auditor's risk assessment
A) Controls tested during the financial
must include an expectation of
statement audit may not consider
the operating effectiveness of
compliance as it relates to The
controls over compliance, and in
Children's Trust's Contract. Overall
doing so, the assessed control
control risk must consider each
risk must be assessed at low
compliance requirement tested during
during the planning stage. If the
the Program -Specific Audit. Separate
auditor determines a lack of
risk assessment procedures and
controls and identifies risk of
materiality should be performed and
material noncompliance that
generated for a Program -Specific
demonstrates internal controls
Audit.
do not exist or are not effective
regarding the compliance
requirement, a response to such
risks should be developed, and a
finding (significant deficiency or
material weakness) should be
reported.
The auditor's test work and
sample size of each compliance
requirement should be the result
of the assessed level of inherent
risk and control risk as it relates
to each compliance requirement
as stated in The Children's Trust
Contracts
b) Budget vs. Actual
1) The approved budget is to
A) Test work should include a schedule
Expenditures
include the original approved
identifying each Contract and its
Contract as well as any
original/ amended budget, monthly
approved budget
billings, Contract utilization and any
amendments/revisions.
analytical expectations that may
identify any overbillings.
i. The current Children's Trust
electronic system does not
allow providers to overbill any
budgeted line item or Contract
allocation, however, if
Contract utilization is greater
or less than expected, this
could indicate that a budgeted
salary rate is not the
employee's actual rate.
Provider must compensate
employees at the rate stated
on the budget. Any difference
in rate would warrant a
finding in the Program -Specific
Audit Report.
c)
Allowable/Unallowable
Activities and Costs
Common unallowable
costs:
1. Salary rates, payroll
methods and hours
billed that do not match
original or amended
budgets.
2. Fringe benefits billed
to The Children's Trust
for employees not
included in Contract
budget and are
unrelated to the
program.
3. Professional services
billed within regular
salaries and wages.
4. Capital purchases
disguised as repairs.
5. Sales taxes and tips.
6. Fuel.
7. Food and beverage
costs for parties,
celebrations, end -of -
program events, and
conferences or
conventions, unless
while attending an out-
of-town conference or
convention.
8. Monetary gift cards
as incentives.
A detailed listing of all
costs and activities
considered allowed and
unallowed can be
viewed in the Budget
Guidelines form on The
Children's Trust
website.
d) Cash Management
1) Requires that the nature of
services and type of costs paid
are in agreement with the
contractual budget and/or
budget amendment/revision's
Scope of Services and budget
guidelines.
AND/OR
Requires that activities
performed or costs paid with The
Children's Trust funds are listed
in the contractual budget
narrative or a contractual budget
amendment/revision narrative.
2) Any cost or service billed that
is not approved in the Contract's
budget is a finding and reported
as a questioned cost on the
Program -Specific Audit Report.
3) If any cost or service is billed
in more than one Contract, and
the billings are in excess of the
total disbursement or approved
allocation, the expense has been
overbilled or double billed
and should be considered a
finding.
4) The Children's Trust funds
must supplement a program;
supplanting of funds is
unallowable. A provider may
not use Contract funds to defray
any costs that the recipient
already is obligated to pay. (See
example F)
1) With the exception of the last
month of the Contract period,
monthly invoices must represent
costs actually paid during the
Contract period (cash basis),
rather than costs incurred or
accrued.
A) If Provider asks to be reimbursed
for six (6) field trips to teach children
social skills, only field trips
enumerated in either the contractual
budget narrative or the contractual
Scope of Service will be reimbursed.
B) If the contractual budget, lists a
program coordinator position at
$25.00/hour, the provider must pay
the program coordinator and charge
The Children's Trust $25.00/hour. The
provider cannot substitute funding
identified for the program coordinator
to any other position.
C) If the contractual budget, lists a
program coordinator's position, with
dedicated time charged to The
Children's Trust program of 25%, the
provider must keep records of an
employee's time to substantiate that
25% of time was in fact earned and
charged to The Children's Trust
program.
D) If three Contracts list a program
coordinator's total budgeted salary as
$100,000.00 and each Contract will
reimburse $35,000.00 (35%), then a
possible overbilling of $5,000 may
have occurred
($35,000.00*3=$105,000.00 or
35%*3=105% Children's Trust salary
allocation).
E) If an invoice is submitted to The
Children's Trust that includes food
charges for end -of -year parties and
celebrations, those costs are NOT
allowable per The Children's Trust
budget guidelines and cannot be paid
by The Children's Trust.
F) If a provider, prior to applying to
participate in the contracted program,
committed to purchase 10 new
computers for another program, the
provider must purchase those 10
computers in addition to any other
computers requested for The
Children's Trust program.
A) If payroll is paid on 3/31, it should
be disclosed in March's
reimbursement.
B) If payroll is paid on 4/1, but
represents time charged in March, it
should be disclosed in April's
reimbursement.
e) Period of Availability
1) Requires provider to charge
A) If the active Contract period extends
The Children's Trust grant with
from 8/1 through 7/31, and provider
only allowable costs resulting
expends $250.00 for office supplies on
from obligations incurred during
9/30 during said Contract period, that
the funding period.
expenditure must support program
services performed during the
Contract term.
f) Special Provisions
1) Eligibility requirements related
to Contract expectations such as
type of participants served,
number of participants served
and background checks should
NOT be tested as part of The
Children's Trust Program -Specific
Audit. The Program -Specific
Audit is meant to test the fiscal
viability of the provider.
Therefore, certain -Contract
provisions that support the fiscal
viability of the provider should
be tested.
B) The following items warrant the
most attention at the beginning and
end of Contract periods:
i. Payroll from expired
Contracts is not allowed to be
billed in the first month of the
renewed Contract if it was
paid during the invoiced
month but was incurred in
prior Contract. Reporting
requirements for final invoice
allow this payroll to be
expensed and reimbursed in
prior Contract. Only the
portion of payroll incurred
during the Contract period
may be billed.
ii. Utilities
iii. Insurances
Each of the following special provisions
must be tested:
A) Insurance requirements (further
described in Section K: Insurance
Requirements of this Contract)
Auditor should determine if all
applicable insurance policies
were carried during the fiscal
year.
B) Proof of tax status (further
described in Section L: Proof of Tax
Status of this Contract)
ii. Auditor should vouch that
applicable documents
verifying that all incurred
payroll and unemployment
taxes have been paid.
C) Data security obligation (further
described in Section O: 12 of this
Contract)
i. Auditor should obtain and/or
understand the provider's
data security policy.
D) Subcontractor agreements (if
applicable)
i. Auditor should obtain and
understand any agreements
made with subcontracted
parties. Additionally, the
auditor should obtain and
understand any provider
monitoring procedures.
E) Matching Funds
In some cases, a required
match is contracted. This will
be indicated in Section C:
Total Funding of this
Contract. Verify the applied
method the provider uses to
satisfy match requirements.
Also, verify that provider
maintains documentation to
back up match requirements.
F) DCF License Requirement
i. For some Trust funded
programs (After -school and
early childhood programs), a
Florida Department of Children
and Families (DCF) license is
required for each site delivering
services. If during the contract
period a funded site (s) has
lapse its DCF license(s)
coverage, the auditor should
test the invoice period when the
lapse occurred. No direct costs
in association with the delivery
of program services at the
unlicensed site (s) should be
invoiced to the Trust during the
lapsed period. For contracts
with multiple sites, The Trust
would reimburse for the
delivery of services at the at
the licensed sites only.
The independent auditor's report shall state that the audit was conducted in accordance with: (1) auditing standards
generally accepted in the United States of America; (2) the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States; and (3) the Program -Specific
Audit Requirements listed in The Children's Trust Contract.
ATTACHMENT E-1
Affidavit under Penalty of Perjury for Level 2 Background Screenings
Affidavit under Penalty of Perjury Affirming Compliance with Background Screening for Provider
Personnel, Volunteers, and Subcontracted Personnel, as applicable.
In accordance with sections 943.0542, 984.01, 39.001 and Chapters 435, and 402, Florida Statutes,
and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the
undersigned affiant makes the following statement under oath and under penalty of perjury,
which is a first -degree misdemeanor, punishable by a definite term of imprisonment not to exceed
one year and/or a fine not to exceed $1,000, pursuant to sections 837.012 and 775.082, Florida
Statutes.
All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers
provided to the program by a subcontractor have been checked against The Dru Sjodin National
Sex Offender Public Website http://www.nsopw.gov/eng. (Check must have taken place within
30 calendar days prior to the signing of this document.)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared (CEO/Executive Director) Authorized
Provider
Representative of (Provider Name) who being by me first duly sworn, deposes
and says:
I swear and affirm that the above -named contracted Provider is compliant with the requirements
for personnel background screening detailed in sections 943.0542, 984.01, Chapter 435, 402,
39.001, and 1012.465, Florida Statutes, as applicable, for all personnel having direct contact with
children.
(Signature of CEO/Executive Director/HR Director) Date
Sworn to and subscribed before me at Miami -Dade County, Florida this _ day of , 20_
by
Who is personally known to me
Who produced identification:
Type of identification
Signature of Notary Public
State of Florida at Large
Print, type or stamp name of notary public
My Commission Expires:
0" T,p PA1iTy�ya
Z•`6 p � `v
M.YF1.FAM I I IF.S.COM
State of Florida
ATTACHMENT E-2
CHILD CARE
ATTESTATION OF GOOD MORAL CHARACTER
Before me this day personally appeared
(Applicant's/Employee's Name)
County.
who, being duly sworn, deposes and says:
As an applicant for employment with, an employee of, a volunteer for, or an applicant to volunteer with
, I affirm and attest under penalty of perjury that I meet the moral character requirements
for employment, as required by Chapter 435, Florida Statutes, in that:
I have not been arrested with disposition pending or found guilty of, regardless of adjudication, or entered a plea of
nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged
for, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of
another jurisdiction for any of the offenses listed below:
Relating to:
Section 393.135
sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct
Section 394.4593
sexual misconduct with certain mental health patients and reporting of such sexual misconduct
Section 415.1 1 1
adult abuse, neglect, or exploitation of aged persons or disabled adults or failure to report of such abuse
Section 741.28
criminal offenses that constitute domestic violence, whether committed in Florida or anotherjurisdiction
Section 777.04
attempts, solicitation, and conspiracy
Section 782.04
murder
Section 782.07
manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated
manslaughter of a child
Section 782.071
vehicular homicide
Section 782.09
killing an unborn child by injury to the mother
Chapter 784
assault, battery, and culpable negligence, if the offense was a felony
Section 784.011
assault, if the victim of offense was a minor
Section 784.03
battery, if the victim of offense was a minor
Section 787.01
kidnapping
Section 787.02
false imprisonment
Section 787.025
luring or enticing a child
Section 787.04(2)
taking, enticing, or removing a child beyond the state limits with criminal intent pending custody
proceeding
Section 787.04(3)
carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody
hearing or delivering the child to the designated person
Section 790.1 15(1)
exhibiting firearms or weapons within 1,000 feet of a school
Section 790.1 15(2) (b)
possessing an electric weapon or device, destructive device, or other weapon on school property
Section 794.011
sexual battery
Former Section 794.041
prohibited acts of persons in familial or custodial authority
Section 794.05
unlawful sexual activity with certain minors
Chapter 796
prostitution
Section 798.02
lewd and lascivious behavior
Chapter 800
lewdness and indecent exposure
Section 806.01
arson
Section 810.02
burglary
Section 810.14
voyeurism, if the offense is a felony
Section 810.145
video voyeurism, if the offense is a felony
Chapter 812
theft and/or robbery and related crimes, if a felony offense
Section 817.563
fraudulent sale of controlled substances, if the offense was a felony
Section 825.102
abuse, aggravated abuse, or neglect of an elderly person or disabled adult
Section 825.1025
lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
Section 825.103
exploitation of disabled adults or elderly persons, if the offense was a felony
Section 826.04
incest
Section 827.03
child abuse, aggravated child abuse, or neglect of a child
Section 827.04
contributing to the delinquency or dependency of a child
Former Section 827.05
negligent treatment of children
Section 827.071
sexual performance by a child
Section 843.01
resisting arrest with violence
Section 843.025
depriving a law enforcement, correctional, or correctional probation officer means of protection or
communication
Section 843.12
aiding in an escape
Section 843.13
aiding in the escape of juvenile inmates in correctional institution
Chapter 847
obscene literature
Section 874.05(1)
encouraging or recruiting another to join a criminal gang
Chapter 893
drug abuse prevention and control only if the offense was a felony or if any other person involved in the
offense- was a minor
Section 916.1075
sexual misconduct with certain forensic clients and reporting of such sexual conduct
Section 944.35(3)
inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm
Section 944.40
escape
Section 944.46
harboring, concealing, or aiding an escaped prisoner
Section 944.47
introduction of contraband into a correctional facility
Section 985.701
sexual misconduct in juvenile justice programs
Section 985.711
contraband introduced into detention facilities
I understand that I must applicable acknowledge the existence of any criminal record relating to the above lists of
offenses including those under any similar statute of another jurisdiction, regardless of whether or not those records have
been sealed or expunged. Further, I understand that, while employed or volunteering at
in any position that requires background screening as a condition of
employment, I must immediately notify my supervisor/employer of any arrest and any changes in my criminal record
involving any of the above listed provisions of Florida Statutes or similar statutes of another jurisdiction whether a
misdemeanor or felony. This notice must be made within one (1) business day of such arrest or charge. Failure to do so
could be grounds for termination.
I attest that I have read the above carefully and state that my attestation here is true and correct that my record does
not contain any of the above listed offenses. I understand, under penalty of perjury, all employees in such positions of
trust or responsibility shall attest to meeting the requirements for qualifying for employment and agreeing to inform the
employer immediately if arrested for any of the disqualifying offenses. I also understand that it is my responsibility to
obtain clarification on anything contained in this affidavit which I do not understand prior to signing. I am aware that
any omissions, falsifications, misstatements or misrepresentations may disqualify me from employment consideration
and, if I am hired, may be grounds for termination or denial of an exemption at a later date.
SIGNATURE OF AFFIANT:
Sign Above OR Below, DO NOT Sign Both Lines
To the best of my knowledge and belief, my record contains one or more of the applicable disqualifying
acts or offenses listed above. I have placed a check mark by the offense(s) contained in my record. (If
you have previously been granted an exemption for this disqualifying offense, please attach a copy of the
letter granting such exemption.) (Please circle the number which corresponds to the offense(s) contained
in your record.)
SIGNATURE OF AFFIANT:
Sworn to and subscribed before me this day of 20
SIGNATURE OF NOTARY PUBLIC, STATE OF FLORIDA
(Print, Type, or Stamp Commissioned Name of Notary Public)
(Check one)
Affiant personally known to notary
OR
Affiant produced identification
ATTACHMENT E-3
P° aTMFi Child Abuse & Neglect Reporting Requirements
fW-C O
All child`"cd a 'personnel are mandated by law to report their suspicions of child abuse, neglect, or
abandonment to the Florida Abuse Hotline in accordance with section 39.201, Florida Statutes.
Child care personnel must be alert to the physical and behavioral indicators of child abuse and
neglect.
"Child Abuse or Neglect" is defined in section 39.201, Florida Statutes, as "harm or threatened harm"
to a child's health (mental or physical) or welfare by the acts or omissions by a parent, adult
household member, other person responsible for the child's welfare, or for purposes of reporting
requirements by any person.
Categories include:
- Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision...)
- Emotional Abuse or Neglect (i.e. impairment in the ability to function, depression...)
- Sexual Abuse (i.e. withdrawal, excessive crying, physical symptoms...)
Reports must be made immediately to the Florida Abuse Hotline Information System by
-Telephone at 1-800-96-ABUSE (1-800-962-2873), or
- Fax at 1-800-914-0004, or
- Online at httr)://www.dcf.state.fl.us/abuse/rer)ort/.
Failure to perform duties of a mandatory reporter pursuant to section 39.201, Florida Statutes,
constitutes a violation of the standards in sections 402.301 - 402.319, Florida Statutes, and is a felony
of the third degree. Remember, it is each child care personnel's responsibility to report suspected
abuse and/or neglect.
All reports are confidential. However, persons who are mandated reporters (child care personnel) are
required to give their name when making a report.
It is important to give as much identifying and factual information as possible when making a report.
Any person, when acting in good faith, is immune from liability in accordance with section 39.203(1) (a),
Florida Statutes.
For more information about child abuse and neglect, visit the Florida Department of Children and
Families' ("Department") website at www.myflorida.com/childcare and select "Training
Requirements." The Department offers a 4-hour Identifying and Reporting Child Abuse and Neglect
course for child care providers. This course is an overview of the various types of abuse and neglect,
indicators that may be observed, the legal responsibility of mandatory reporters, and the proper
procedure for reporting abuse and neglect, as required by sections 402.305(2) and 402.313(1),
Florida Statutes. The course is offered both online and in person with an instructor throughout Florida.
This statement is to verify that on 20 , I,
Date Print Name of Employee
Read and understood the information and my mandated
ATTACHMENT E-4
° f BACKGROUND SCREENING
& PERSONNEL FILE REQUIREMENTS
Place in employee file and attach all background screening documentation.
FN AN VD) Authority: sections 402.301- 402.319 and Chapter 435,
MYFLFAMILiES.COM Florida Statutes
Name of Employee:
Name of Facility:
*Social Security #: Date of Birth: Employment
Date:
*The Department's license/registration application requires personnel to give their Social Security number for the purposes of
background screening. Social security numbers are only used by the Department for identity verification.
Position Classification
(check one)
Position Type
(check all that apply)
Age Group Assigned
(check one)
Education Level
(check one)
Child Care Personnel
Owner
0 - 12 Months
No High School/GED
Intermittent Volunteer
Director
1 Year
High School Student
Other Personnel
Lead Teacher (must
2 Years
High School/GED
select age group)
3 Years
National Early Childhood Credential
VPK Instructor
4 Years
Birth Through Five Child Care Credential
Assistant Teacher
4 Years VPK
School -Age Child Care Credential
Substitute
5+ Years
Associates Degree
Mixed
Bachelor's Degree
NotApplicable
Master's Degree or Higher
SCREENING DOCUMENTATION
All child care personnel are required by law to be screened pursuant to Chapter 435,
Florida Statutes, as a condition of employment and continued employment.
Initial Screen
Date Livescanned Date completed
FINGERPRINT
FDLE FBI
FDLE FBI
Affidavit of Good Moral Character
N/A
(due on or before employment,
following a 90 day break, or when
changing employers)
5 Year Re -screen
Date Livescanned Date completed
FINGERPRINT
FINGERPRINT
FINGERPRINT
OTHER REQUIREMENTS
Date Employment References Checked:
Names of References (attach additional documentation if necessary):
Leave of Absence Documentation from Employer (if applicable):
ATTACHMENT G
Data Security Definitions
"Authorized Employees" means Provider's employees who have a need to know or otherwise access Personal
Information to enable Provider to perform its obligations under this Agreement.
"Authorized Persons" means (i) Authorized Employees; or (ii) Provider's subcontractors approved by The Children's Trust
who have a need to know or otherwise access Personal Information to enable Provider to perform its obligations under this
Agreement, and who are bound in writing by confidentiality obligations sufficient to protect Personal Information in
accordance with the terms and conditions of this Agreement.
"Unauthorized Third Party" means any person other than Authorized Employee or Authorized Person(s).
"Highly -Sensitive Personal Information" means an individual's (i) government -issued identification number
(including, without limitation, social security number, driver's license number or state -issued identified number); (ii)
financial account number, credit card number, debit card number, credit report information, with or without any required
security code, access code, personal identification number or password, that would permit access to an individual's
financial account; or (iii) biometric or health data.
"Personal Information" includes Highly -Sensitive Personal Information or any of the following:
An individual's first name or first initial and last name in combination with any one or more of the following data
elements for that individual:
1. A social security number;
2. A driver license or identification card number, passport number, military identification number, or other
similar number issued on a government document used to verify identity;
3. A financial account number or credit or debit card number, in combination with any required security
code, access code, or password that is necessary to permit access to an individual's financial account;
4. Any information regarding an individual's medical history, mental or physical condition, or medical
treatment or diagnosis by a health care professional; or
5. An individual's health insurance policy number or subscriber identification number and any unique
identifier used by a health insurer to identify the individual.
User name or e-mail address, in combination with a password or security question and answer that would permit
access to an online account.
Notwithstanding the foregoing, the term "Personal Information" shall not include information (1) about an individual that
has been made publicly available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or
modified by any other method or technology that removes elements that personally identify an individual or that otherwise
renders the information unusable.
"Security breach" or "breach" means unauthorized access of data in electronic form containing personal information,
or a breach or alleged breach of this Agreement relating to such privacy practices. Good faith access of Personal
Information by an employee or agent of the covered entity shall not constitute a breach of security under this Agreement,
so long as the information is not used for a purpose unrelated to the business of The Children's Trust, or as a result of any
other unauthorized use.
DRAFT to be Updated
Service Authorization Letter
September 7, 2021
Ms. Maria C. Carreras
Execeptional Consulting for Educational Leaders, Inc.
7891 SW 57' Terrace
Miami, FL 33143
RE: Service Authorization and Reimbursement for Service Providers participating in the
Fiscal Year 2021-2022 Families First Parenting Program of the City of Miami funded through
The Children's Trust ("Families First")
To Service Providers:
The City of Miami ("City") Department of Grants Administration hereby guarantees monetary
reimbursement to and hereby authorizes each of the Service Providers addressed above to begin
providing after -school services beginning as of August 1, 2021 for the Families First Program in
advance of your receipt of the final form of Professional Services Agreement with the City. The
Children's Trust has authorized a Contract with the City at its , 2021 meeting. This
Service Authorization Letter serves as notice to Service Providers that the City and The
Children's Trust are moving forward to complete their document execution processes and the
document execution processes with each of you for the Fiscal Year 2021-2022. The City
Commission has authorized moving forward with the Families First Program funded by The
Children's Trust and your services have been authorized accordingly pursuant to Resolution No.
21- , adopted 2021, a copy of which is attached hereto and
incorporated hereby.
The Fiscal Year contract that each Service Provider has with the City of Miami will be for the
service period beginning August 1, 2021 to September 30, 2022. During the period of time
covered by this Service Authorization Letter, each Service Provider will provide program
activities, complete all outcome assessments, submit invoices for program eligible expenses to be
reimbursed, and submit all reports and data according to the contract requirements and due dates
delineated within the Scope of Services provided to The Children's Trust.
Furthermore, each Service Provider shall submit original requests for payment in the format
prescribed by The Children's Trust for services/work performed for the City of Miami
Department of Grants Administration under the Families First Program. These requests for
payment shall be submitted on or before the tenth (loth) of the month following the month in
Draft form of Service Authorization Letter
which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the
due date for submission of payment will be the next available business day.
If you have any questions, feel free to contact Esther Balsera, Education Initiatives Coordinator at
305-416-1532.
Thank you for your participation as a Service Provider. We look forward to continuing working
with you in the Families First Program.
Sincerely,
Lillian Blondet
Director
City of Miami Department of Grants Administration
, as an Authorized Representative of
as a Service Provider for Families First acknowledges acceptance of these terms and conditions
via this Service Authorization Letter:
Signature of Authorized Representative on behalf of
as Service Provider:
Printed Name:
Title:
Date:
Draft form of Service Authorization Letter
FY 2021-22
Professional Services Agreement with
EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC
In connection with
CONTRACT NO.
BETWEEN THE CHILDREN'S TRUST
AND CITY OF MIAMI, FLORIDA
Department: Office of Grants Administration
Program: FAMILIES FIRST PARENTING PROGRAM
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is between the City of Miami, a Florida municipal
corporation whose address is 444 SW 2^d Avenue, Miami, Florida 33130 ("City"), EXCEPTIONAL CONSULTING FOR
EDUCATIONAL LEADERS, INC, a Florida For -Profit Corporation whose address is 7891 SW 57th Terrace, Miami, Florida,
33143, ("Provider") in connection with the CONTRACT ("Contract" attached and incorporated hereby as Exhibit 1)
between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 ("Trust" or "The
Children's Trust") and the City.
In consideration of the mutual covenants herein, the City and Provider (sometimes hereafter referred to as "Parties")
agree as follows:
A. EFFECTIVE TERM
The effective term of this Agreement shall be the same as the effective term of the Contract which shall be from
August 1, 2021 through September 30, 2022, subject to funding availability and Provider's performance.
B. TERMS OF RENEWAL, if applicable
In their respective sole discretion, the City and The Children's Trust, in connection with the Contract, may renew this
Agreement with the acknowledgement of Provider. In considering the exercise of any Agreement/Contract renewal,
and in accordance with the Request for Proposal (RFP) and Board authorization of the Trust and any City Commission
approval, if necessary, renewal of this Agreement may not exceed a term equal to the term of the initial Contract
for a total maximum of three (3) terms. The City, in consultation with The Children's Trust, will in its sole discretion
consider, but is not limited to, the following:
1. Provider meeting the performance requirements specified in this Agreement, in relation to the Contract.
2. Continued demonstrated and documented need for the services funded.
3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory to the City
and The Children's Trust, in their respective sole discretion.
4. The availability of funds. The City and The Children's Trust are prohibited from creating obligations in anticipation
of budgeted revenues from one fiscal year to another without year to year extension provisions in the
Agreement/Contact.
5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Agreement through
renegotiation of the Contract before the Agreement and Contract term expires.
6. Provider's performance under any other agreement with the City.
C. SCOPE OF SERVICES
1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services",
to this Agreement and the Contract. Provider shall implement the Services in a manner deemed satisfactory to the
City and The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by the
City, The Children's Trust and Provider.
2. The Services' activities and performance measures, as well as complete and accurate data and programming
information will be used in the evaluation of Provider's overall performance.
3. Provider agrees that all funding provided by the City from The Children's Trust, pursuant to this Agreement and
the Contract will be used exclusively for services in and for the benefit of Miami -Dade County residents.
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered under this Agreement and
the Contract shall not exceed S 80,00.00, with a required cash match of $ 0.00 and a required in -kind
match of $ 0.00 . Provider agrees that should available funding to the City and/or The Children's Trust be
reduced, the amount payable under this Agreement and the Contract will be reduced at the sole option of The
Children's Trust. Provider agrees to adhere to Attachment B of this Agreement: Other Fiscal Requirements, Budget
and Method of Payment.
E. FISCAL MANAGEMENT
1. Double Billing and Payments
Provider costs or earnings claimed under this Agreement and the Contract may not also be claimed under any other
contract or grant from the City and/or The Children's Trust or, unless such claim is denied by the City, from any other
agency. Any claim for double payment by Provider shall be a material breach of this Agreement and of Provider's
portion of the Contract.
2. No Supplanting of Existing Public Funds
Funding provided by the City from The Children's Trust under this Agreement and the Contract may not be used as
a substitute for existing resources or for resources that would otherwise be available for children's services, or to
replace funding previously provided by, and currently available from, local and state funding sources for the same
purpose. A violation of this section by Provider shall be considered a material breach of this Agreement and of
Provider's portion of the Contract.
3. Capital Equipment
Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida
Administrative Code, Section 691-73.002, and is defined as individual items with a value of $1,000 or greater which
have a life expectancy of more than one year.
All capital equipment acquired by Provider less than $10,000, and reimbursed by the City or the Children's Trust, shall
be capitalized by the Provider and Provider shall retain all rights and possession of equipment unless this Agreement
is subject to termination or early cancellation. Should this Agreement be terminated or not renewed, either the City
or The Children's Trust may acquire rights and possession of all reimbursed capital equipment that is not fully
depreciated.
All capital equipment acquired by Provider equal to or greater than $10,000, and reimbursed by the City or The
Children's Trust, shall be capitalized by The Children's Trust and The Trust shall retain all rights to equipment until the
item is fully depreciated. Should this Agreement be subject to termination or early cancellation, The Children's Trust
may acquire possession of all reimbursed capital equipment that is not fully depreciated.
Any or all such qualifying capital equipment shall be returned to either the City or The Children's Trust, or its designee(s)
upon request. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements
prescribed in section K of this Agreement.
4. Assignments and Subcontracts
Provider shall not assign this Agreement in connection with the Contract to another party. Provider shall not
subcontract any Services under this Agreement in connection with the Contract without written prior written approval
of the City and The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this
Agreement and the Contract into each subcontract and shall require each subcontractor providing services to be
governed by the terms and conditions of this Agreement and the Contract. Provider shall submit to the City and The
Children's Trust a copy of each subcontract to this Agreement and the Contract within 30 days of its execution. All
subcontracts with Provider must be executed within 90 days of Provider's execution date. All subcontractors must
agree to be monitored by Provider, the City and/or The Children's Trust, in the same manner as Provider under the
terms of this Agreement and the Contract. Provider acknowledges and agrees that the City, The Children's Trust and
any subcontractor to this Agreement in connection with the Contract have the authority to communicate and
exchange information about the Agreement, Contract, program and/or fiscal issues. Provider waives any and all
claims, demands, and/or legal action based upon any such communications.
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Provider shall be responsible for all Services performed, and all expenses incurred, under this Agreement and the
Contract, including services provided and expenses incurred by any and all subcontractors. The City and The
Children's Trust shall not be liable to any subcontractor for any reimbursable expenses or liabilities incurred under any
subcontract. Provider shall be solely liable for any reimbursable expenses or liabilities incurred under any subcontract.
Provider shall hold harmless and defend, at Provider's expense, the City and The Children's Trust, and their respective
officers, employees, and agents against any claims, demands or actions related to any subcontract.
The City and the Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing
by the City and The Children's Trust with notification to the Provider. All payments to any contracted subcontractor
shall be paid directly by Provider to the subcontractor. The City and The Children's Trust both reserve the right to
require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the
subcontractor.
Provider and any subcontractor must be currently qualified to conduct business in the State of Florida and must have
the required licenses and permits required to do business in the City of Miami at the time that this Agreement and
any subcontractor agreement is entered into and services are rendered.
5. Religious Purposes
Providers and/or their faith -based community partners shall not use any funds provided under this Agreement and
the Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship,
prose lytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this
Agreement and of the Provider's portion of the Contract.
6. Lobbying
Provider shall not use any funds provided under this Agreement and the Contract, or any other funds provided by
the City for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material
breach of this Agreement and Provider's portion of the Contract.
7. Adverse Action or Proceeding
Provider shall not use any funds under this Agreement and the Contract, or any other funds provided by the City, for
any legal fees, or for any action or proceeding against the City and/or The Children's Trust, their respective agents,
employees or officials. Any such use by Provider shall be a material breach of this Agreement and of Provider's
portion of the Contract.
8. Compliance
Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local laws.
This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax documents to
maintain tax-exempt status and payment of payroll taxes, licenses, permits, and any other governmental fess, as
applicable, throughout the term of this Agreement and the Contract.
Provider further agrees to provide agency and site(s) information to Switchboard of Miami 211, The Children's Trust 24
hour helpline, and to the City's program manager.
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 both the City and The Children's Trust, and their respective officials, officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense,
which the City and The Children's Trust, and their respective officials, officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this Agreement and Provider's portion of the 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
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
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in the names of the City and 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 both the City and The Children's Trust and their respective officials, officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys'
fees and costs of defense, which the City, The Children's Trust and/or their respective officials, 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 Agreement and Provider's portion of the
Contract by Provider or its employees, agents, servants, partners, principals or subcontractors, except to the extent
arising from the City's and/or The Children's Trust's willful or wanton acts or omissions.
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
names of the City and The Children's Trust, where applicable, including appellate proceedings, and shall pay all
costs, judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance
protection required by this Agreement in connection with the Contract or otherwise provided by Provider shall in no
way limit the responsibility to indemnify, keep and save harmless and defend, as applicable, the City, The Children's
Trust and their respective officers, employees, agents and instrumentalities.
The provisions of this section on indemnification shall survive the expiration or termination of this Agreement and the
Contract.
G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS
Where activities supported by this Agreement through the Contract produce original writing, data, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of similar nature, the City and The
Children's Trust both have 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 Agreement and the Contract, and to have others acting on
behalf of the City and/or The Children's Trust to do so, provided that such use does not compromise the validity of
any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or
patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright,
or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise
permitted Provider to use the same. Provider agrees to allow the City, The Children's Trust and others acting on behalf
of the City and/or The Children's Trust to have reasonable use of the same consistent with the purposes and terms of
this Agreement and the Contract, at no cost to the City and The Children's Trust, provided that such use does not
compromise the validity of such copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
This Agreement and the Contract are subject to the provisions, limitations and exceptions of Chapter 119, Florida
Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider
retains sole ownership of intellectual property developed under this Agreement and Provider's portion of the
Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties
is incorporated by Provider into the services required under this Agreement pursuant to the Contract. Such licensing
should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others'
intellectual property shall be at the sole expense of Provider.
For Government Providers:
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify
and hold harmless both the City and The Children's Trust, and their respective officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which
their respective officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or resulting from third party allegations that
use of any intellectual property owned by the third party and provided, manufactured or used by the Provider, the
City and/or The Children's Trust, as applicable, in the performance of this Agreement and Provider's portion of the
Contract violates the intellectual property rights of that third party.
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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 names of the City and The Children's Trust, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and reasonable attorney's fees which may issue thereon.
All Other Providers
Provider shall indemnify and hold harmless both the City and The Children's Trust and their respective officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys'
fees and costs of defense, which the City, The Children's Trust and/or their respective 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 third party allegations that use of any intellectual property owned by the
third party and provided, manufactured or used by the Provider, the City and/or The Children's Trust, as applicable,
in the performance of this Agreement and Provider's portion of the Contract violates the intellectual property rights
of that third party.
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 names of the City and The Children's Trust, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Agreement and under Provider's portions of the
Contract if Provider through action or omission causes any of the following:
a. Fails to comply with Background Screening, as required under this Agreement and the Contract.
b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this
Agreement and the Contract;
C. Fails to correct an imminent safety concern or take acceptable corrective action;
d. Ineffectively or improperly uses The Children's Trust funds and any funds allocated by the City under this
Agreement and the Contract;
e. Does not furnish and maintain the certificates of insurance required by this Agreement and the Contract or
as determined by the City and/or The Children's Trust;
f. Does not meet or satisfy the conditions of award required by this Agreement and the Contract;
g. 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; included, but not limited to budgets, invoices,
and amendments in Services & Activities Management System (SAMIS).
h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this
Agreement and the Contract;
Refuses to allow the City and/or The Children's Trust access to records or refuses to allow the City and/or The
Children's Trust to monitor, evaluate and review Provider's program, including required client data;
j. Fails to comply with child abuse and incident reporting requirements;
k. Attempts to meet its obligations under this Agreement and the Contract through fraud, misrepresentation or
material misstatement;
I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable
time;
M. Fails to meet the terms and conditions of any obligation or repayment schedule to the City, The Children's
Trust or any of their respective agencies;
n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws;
o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations
in this Agreement and the Contract.
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P. Fails to submit an Annual Financial Statement Audit Package and Program Specific Audit, as applicable, in
accordance with Section O and Attachment D of this Agreement and the Contract.
q. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program
Specific Audit within thirty (30) days after Provider's fiscal year end.
Waiver of breach of any provisions of this Agreement and of any related provisions of the 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
Agreement or the Contract.
2. Remedies
If Provider fails to cure any breach within thirty (30) days after receiving written notice from the City and/or The
Children's Trust identifying the breach, the City and/or The Children's Trust may pursue any or all of the following
remedies:
a. The City and/or The Children's Trust may, at their sole discretion, enter into a written performance
improvement plan with Provider to cure any breach of this Agreement and any related provisions of the
Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to
this Agreement and the Contract and shall not affect or render void or voidable any other provision
contained in this Agreement and the Contract, costs, or any judgments entered by a court of appropriate
jurisdiction.
b. The City and/or The Children's Trust may, at their sole discretion, suspend payment in whole or in part under
this Agreement and any related provisions of the Contract by providing written notice of suspension to
Provider of such suspension and specifying the effective date of suspension, at least five (5) business days
before the effective date of suspension. On the effective date of suspension Provider may (but shall not be
obligated to) continue to perform the Services in this Agreement and the Contract, but Provider shall promptly
cease using the City logo, The Children's Trust's logo and any other reference to the City and The Children's
Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease,
except that the City and The Children's Trust shall continue to review and pay verifiable requests for payment
for Services that were performed and/or for deliverables that were substantially completed at the sole
discretion of the City and The Children's Trust, prior to the effective date of such suspension. The City and/or
The Children's Trust may also suspend any payments in whole or in part under any other contracts entered
into between the City and the Provider and under any other contracts entered into between The Children's
Trust and Provider by providing separate written notice to Provider of each such suspension and specifying
the effective date of suspension, which must be at least five (5) business days before the effective date of
such suspension, in any event the City and The Children's Trust shall continue to review and pay verifiable
requests for payment as provided for in such other contracts for services that were performed and/or for
deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust
prior to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs
associated with such suspension including reasonable attorney's fees.
c. The City may terminate this Agreement and The Children's Trust may terminate Provider's portions of the
Contract by giving written notice to Provider of such termination and specifying the date of termination at
least five (5) business days before the effective date of termination. In the event of such termination, the City
and/or The Children's Trust may (a) request Provider to deliver to the City and/or The Children's Trust clear and
legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by
Provider with Trust funds under this Agreement and the Contract subject to the rights of Provider as provided
for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly
paid to Provider under this Agreement and the Contract; (c) terminate further payment of Trust funds to
Provider under this Agreement and the Contract, except that the City and The Children's Trust shall continue
to review and pay verifiable requests for payment for services that were performed and/or deliverables that
were substantially completed at the sole discretion of the City and The Children's Trust prior to the effective
date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
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between the City and/or The Children's Trust and Provider, as applicable, by providing separate written notice
to Provider of each such termination and specifying the effective date of termination, which must be at least
five (5) business days before the effective date of such termination, in which event the City and/or The
Children's Trust, as applicable, shall continue to review and pay verifiable requests for payment as provided
for in such other contracts for services that were performed and/or for deliverables that were substantially
completed at the sole discretion of the City and/or The Children's Trust, as applicable, prior to the effective
date of such termination. Provider shall be responsible for all direct and indirect costs associated with such
termination, including reasonable attorney's fees.
d. The City and/or The Children's Trust may seek enforcement of this Agreement and of Provider's portions of the
Contract, as applicable, including but not limited to filing an action with a court of appropriate jurisdiction.
Provider shall be responsible for all direct and indirect costs associated with such enforcement, including
reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including
all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings,
and including any final settlement or judgment.
e. The provisions of this Paragraph I shall survive the expiration or termination of this Agreement and the
Contract.
J. TERMINATION BY EITHER PARTY
The parties agree that this Agreement and Provider's portions of the Contract may be terminated by either party by
written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of
such termination.
K. INSURANCE REQUIREMENTS
Prior to, or on the date commencing the effective term of this Agreement in connection with the Contract, Provider's
insurance agent(s) shall provide to the City and The Children's Trust the following, as applicable: 1) Certificates of
Insurance naming both the City and The Children's Trust as additional insureds and both as certificate holders on all
applicable policies; and all applicable policies shall be maintained in full force and effect for the entire term of this
Agreement and the Contract.
Or, 2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this
section or as determined by the City and The Children's Trust, except as required by Florida law for government
entities.
Failure by Provider to comply with Section K, shall be a material breach of this Agreement and of Provider's portions
of the Contract. The City and the Children's Trust will not disburse any funds under this Agreement and under
Provider's portion of the Contract until all required Certificates of Insurance, or letter(s) of self-insurance have been
provided to and have been approved by the City and The Children's Trust.
Provider will carry insurance policies in the amounts and with the requirements indicated below:
Worker's Compensation Insurance covering all employees, non -incorporated independent
contractors or consultants, and incorporated independent contractors or consultants that do not have
worker's compensation coverage or a valid State of Florida exemption on file with the Department of Labor,
as required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining
Worker's Compensation insurance, the Provider must notify the City and The Children's Trust and provide the
necessary certificate of insurance upon the termination of the exemption. The employer's liability portion will
be $500,000/$500,000/$500,000 as a minimum.
Comprehensive General Liability insurance, to include sexual molestation, in an amount not less than
$500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles
exceeding $1,000 are discouraged, unless Provider can provide financial statements to support a higher
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deductible. The Children's Trust and the City of Miami must be designated and shown as an additional insured
and the certificate holder with respects to this coverage. The general liability policy must contain coverage
for the following:
a. Bodily Injury;
b. Property Damage;
C. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
3. Automobile liability coverage for all owned and/or leased vehicles of Provider and non -owned
coverage for their employees and/or sub -contractors and transportation companies transporting program
participants. The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and
property damage. The Children's Trust and the City of Miami must be designated and shown as an additional
insured and certificate holders with respect to this coverage. Coverage can be purchased as non -owned
without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with
the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of
Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county
area. Transportation companies used by the Provider for the funded program must list The Children's Trust and
the City of Miami as a certificate holder and as an additional insured.
4. Automobile liability coverage for all owned and/or leased vehicles of Provider and non -owned
coverage for their employees and/or sub -contractors not transporting program participants. The minimum
amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage.
The Children's Trust and the City of Miami must be designated and shown as an "Additional Insured as Their
Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without
hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the
Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's
regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area.
5. If applicable, Special Events Coverage, as determined by the City and 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 and the City of Miami must be designated and shown as "Additional Insured as Their Interest
May Appear." Special Events policies are for short term functions and not meant to replace annual liability
policies. The coverage is for the day or days of the event and must provide coverage the day prior and the
day following the event.
6. If applicable, Professional Liability insurance, as determined by the City and The Children's Trust, with
coverage amounts determined by the City and 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 City and The Children's Trust are not required to be named as an Additional Insured.
Professional liability insurance is generally required when the scope of services uses professional services that
require certification or license(s) to provide direct services to program participants.
7. Proof of Property Coverage is required when Provider has capital equipment owned by either the City
or The Children's Trust and said capital equipment is under the care custody and control of Provider. The City
and The Children's Trust, as applicable, must be shown on the evidence of property coverage as a Loss Payee.
Property coverage shall survive the expiration or termination of this Agreement and the Contract until
such time the ownership of the capital equipment is transferred to Provider or such capital equipment
is returned to the City or The Children's Trust, as applicable.
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Certificate Holder
Certificate holder must read:
The Children's Trust
3150 SW 3rd Avenue, 8►h Floor
Miami, Florida 33129
And
The City of Miami, Florida
c/o Risk Management Department
444 S.W. 2nd Avenue, 9►h Floor
Miami, Florida 33130
Classification and Rating
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as the financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the reasonable approval of the City and The Children's Trust.
Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust and the City of Miami, in
writing, of any material changes in insurance coverage including, but not limited to, any renewals of existing
insurance policies, not later than thirty (30) days prior to the effective date of making any material changes to the
insurance coverage except for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring
that all applicable insurances are maintained and submitted to the City and The Children's Trust for the duration of
this Agreement and the Contract.
In the event of any change in Provider's Scope of Services, Attachment A, the City and 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 City
and The Children's Trust prior to any such decrease, waiver or modification.
In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Agreement
and the Contract, the City and The Children's Trust shall withhold all payments to Provider until a new Certificate of
Insurance required under this section is submitted and approved by the City and 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 City and/or The Children's Trust may require Provider to furnish additional and different insurance coverage, or
both, as may be required from time to time under applicable federal or state laws or the City and/or The Children's
Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or
waiver of any claim, cause of action or assessment that the City and/or The Children's Trust may have against Provider
for any liability of any nature related to performance under this Agreement, the Contract or otherwise.
All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies
of insurance.
L. PROOF OF TAX STATUS
Provider is required to keep on file the following documentation for review by the City and The Children's Trust:
The Internal Revenue Service (IRS) tax status determination letter, if applicable; and
The most recent (two years) IRS form 990 or applicable tax return filing within six (6) months after Provider's
fiscal year end or other appropriate filing period permitted by law; and
IRS form 941: employer's quarterly federal tax return. If required by the City and/or The Children's Trust, Provider
agrees to submit form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state
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and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then
proof of payment must be submitted within sixty (60) calendar days after the quarter ends.
M. NOTICES
Written notices pursuant to this Agreement and the Contract shall be sent to the addresses for each Party appearing
on the first page of this Agreement and of the Contract. Notices to The Children's Trust shall be marked to the
attention of its President/CEO. Notices to the City of Miami shall be marked to the attention of the Director of the
Department of Grants Administration. Notices to Provider shall be marked to the attention of
It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for
accepting Notices under this Agreement and under the Contract; mailing address, and/or telephone number.
N. AUTONOMY
The Parties agree that this Agreement as it relates to the Contract recognizes the autonomy of, and stipulates or
implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an
employee, agent or instrumentality of the City or The Children's Trust, and Provider's agents and employees are not
agents or employees of the City or The Children's Trust.
O. RECORDS, REPORTS, AUDITS AND MONITORING
The provisions of this section shall survive the expiration or termination of this Agreement and the Contract, consistent
with Florida laws. Except for changes to the total not to exceed amount payable and changes to the length of the
effective term, the City Manager is authorized pursuant to City Commission Resolution No. 15-0282, adopted on July
9, 2015, to negotiate and execute all necessary amendments, extensions, renewals or modifications of this
Agreement. Any changes to this Agreement to change the total not to exceed amount payable and/or to change
the length of the effective term shall require further City Commission approval(s).
1. Accounting Records
Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). All such
records will be retained by Provider for not less than five (5) years beyond the last date that all applicable terms of
this Agreement and the Contract have been complied with, 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 Agreement or the Contract or modification hereto or thereto has
commenced before the expiration of the retention period, then the records shall be retained until completion of the
action and resolution of all issues which arise from it, or until the end of the regular retention period, whichever is later.
2. Financial Statement Audit
Within one -hundred eighty (180) days from the close of its fiscal year, Provider's independent certified public
accounting firm (CPA) must submit all of the following documents, electronically, to the City and The Children's Trust,
which together comprise an annual financial statement audit conducted in accordance with GAAP and standards
contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow
Book). The required items are:
a) An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct
business with the Florida Department of Business and Professional Regulation;
b) An annual financial statement audit conducted in accordance with auditing standards generally
accepted in the United States of America and the standards applicable to financial audits contained in
Government Auditing Standards;
c) Written communication encompassing the requirements of AU-C section 265, "Communicating Internal
Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance With Government Auditing Standards;"
d) Written communication encompassing the requirements of AU-C section 260, "The Auditor's
Communication With Those Charged With Governance;"
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e) A Single Audit conducted in accordance with OMB Circular A-133, Audit of States, Local Government and
Non -Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97, if applicable; and
f) A Management Letter; if no Management Letter is prepared by Provider's CPA firm, then the CPA firm must
expressly confirm, in writing, that no Management Letter was issued.
If Provider's annual financial statement audit is prepared by the Florida Auditor General, then the due date for
submitting the annual financial statement audit, as defined, is two -hundred seventy (270) days after the close of
Provider's fiscal year.
Electronic filing of the annual financial statement audit, as defined, must be sent by Provider's CPA firm to the
following e-mail address: audits@thechildrenstrust.org and to the City's program manager at his or City e-mail
address.
Providers that are required to have a Single Audit agree to have their CPA firm submit the schedule of expenditures
pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action
plan, if applicable.
3. Program Specific Audit
Within 180 days of the close of its fiscal year, all Providers are required to have their CPA firm submit a program -
specific audit related to the Agreement and Provider's portion of the Contract, electronically, in addition to the
annual financial statement audit. The program -specific audit shall be performed by an independent CPA firm that
is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation,
has performed audits under Government Auditing Standards and is either a member of the AICPA or FICPA peer
review program to include government engagement reviews. This program -specific audit must encompass an audit
of The Children's Trust contract(s) as specified in Attachment D: Program -Specific Audit Requirements.
4. Audit Extensions
Audit extensions may be granted by the City and The Children's Trust upon receipt, in writing, of such request with
appropriate justification by Provider and for a period of time not to exceed sixty (60) days after the initial due date.
A copy of the engagement letter, along with the anticipated audit completion date and any concerns from
Provider's CPA firm related to the audit must accompany the request. Approved audit extension requests allow for
the continuation of payment until such time that the extension expires.
In the event that either the annual financial statement audit or the program specific audit is not received in a timely
manner and in accordance with the previously stated due dates; and an audit extension has not been approved,
then the City and The Children's Trust shall withhold all payments to Provider until the documents are received and
determined to be acceptable by the City and The Children's Trust.
5. Engagement Letters
Audit Engagement Letters are due to the City and The Children's Trust thirty (30) days after Provider's fiscal year end.
Provider agrees to submit an engagement letter for both the annual financial statement audit and the program
specific audit, electronically, to audits@thechildrenstrust.ora and to the City's program manager at his or her City e-
mail address. Failure to submit an engagement letter may result in a breach of contract, or other remedy, as deemed
appropriate by the City and The Children's Trust.
6. List of Approved Certified Public Accounting Firms
To receive reimbursement for the preparation of the program specific audit, as defined, Provider must choose from
a list of approved CPA firms, which are posted on The Children's Trust website. Inclusion in this pre -approved CPA
vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal
Requirements, Budget and Method of Payment.
7. Access to Records
Provider shall permit access to all records including subcontractor records, which relate to this Agreement and the
Contract at its place of business during regular business hours. Provider agrees to deliver such assistance as may be
necessary to facilitate a review or audit by the City and/or The Children's Trust to ensure compliance with applicable
accounting, financial and programmatic standards. This would include access by the City, The Children's Trust, or
their respective designees, to Provider's independent auditor's work papers for complying with federal, state and
local requirements. The City and The Children's Trust reserves the right to require Provider to submit to an audit by an
auditor of The Children's Trust's choosing and at The Children's Trust's expense.
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8. Monitoring
Provider agrees to permit the City's and/ or The Children's Trust personnel or contracted agents to perform random
scheduled and/or unscheduled monitoring's, reviews and evaluations of the program which is the subject of this
Agreement and the Contract, including any subcontracts under this Agreement and the Contract, using The
Children's Trust approved monitoring tools. The City, The Children's Trust and/or contracted agents shall monitor both
fiscal/administrative and programmatic compliance with all the terms and conditions of the Agreement in relation
to the Contract. Provider shall permit the City, The Children's Trust and/or contracted agents to conduct site visits,
client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably
necessary at the City's and The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring
findings will be delivered to Provider and Provider will remedy all deficiencies cited within the period of time specified
in the report.
9. Client Records
Pursuant to Florida Statute 119.071(5), The Children's Trust collects the last four digits of social security numbers of child
participants of funded programs and services for the following purposes: (a) to research, track and measure the
impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and
services for the future (individual identifying information will not be disclosed); and (b) to identify and match
individuals and data within and among various systems and other agencies for research purposes. The Children's
Trust does not collect social security numbers for adult participants.
Provider shall maintain a separate file for each participant. This file shall include all pertinent information regarding
program enrollment and participation. At a minimum, the file will contain enrollment information (including parent
registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in
Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to
the monitoring/review and inspection requirements under this Agreement and the Contract, subject to applicable
confidentiality requirements. All such records will be retained by Provider for not less than five (5) calendar years after
the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy
and confidentiality.
10. Internal Documentation/Records Retention
Provider agrees to maintain and provide for inspection to the City and The Children's Trust, during regular business
hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of
employees which include hiring records, background screening affidavits, job descriptions, verification of education
and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff time
billed to provide Services pursuant to this contract; (3) daily activity logs and monthly calendars of the provision of
Services pursuant to this contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant
attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and
(9) such other information related to Service provision as described in Attachment A and as required by this
Agreement and the Contract; all upon request by the City and/or The Children's Trust. Provider shall retain all records
for not less than five (5) years beyond the last date that all applicable terms of this Agreement and the Contract
have been complied with and final payment has been received, and appropriate audits have been submitted to
and accepted by the appropriate entity.
11. Confidentiality
Provider, the City 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 Agreement and the 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
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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 Agreement shall remain in full force and effect
after the termination of this Agreement and the Contract. Provider shall specifically require all sub -contractors to
comply with this paragraph.
12. Data Security Obligation Data Security Definitions are defined and specified in Attachment G: Data Security
Definitions attached to this Contract.
A. Public Records Laws and Requests
a. Provider understands that the public shall have access, at all reasonable times, to all documents and
information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and
agrees to allow access by the City and the public to all documents subject to disclosure under applicable
laws. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate
cancellation of this Agreement by the City.
Provider shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1)
keep and maintain public records required by the City to perform this service; (2) upon request from the
City's custodian of public records, provide the City with a copy of the requested records or allow the records
to be inspected within a reasonable time at a cost that does not exceed the cost provided for in Chapter
119, or otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the duration
of the Agreement term and following completion of the Agreement if the Provider does not transfer the
records to the City; and (4) provide to the City all electronically stored public records, upon request from the
City's custodian of public records, in a format compatible with the City's information technology systems.
Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the
Provider or keep and maintain public records required by the City to perform the Services. If the Provider
transfers all public records to the City upon completion of the Agreement, the Provider shall destroy any
duplicate public records that are exempt or confidential and exempt from disclosure requirements. If the
Provider keeps and maintains public records upon completion of the Agreement, the Provider shall meet all
applicable requirements for retaining public records.
Should Provider determine to dispute any public access provision required by Florida Statutes, then Provider
shall do so at its own expense and at no cost to the City.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE PROVIDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-416-1800,
Public Records@miamigov.com, CITY OF MIAMI PUBLIC RECORDS, C/O THE OFFICE OF THE
CITY ATTORNEY, MIAMI RIVERSIDE CENTER, 444 S.W. 2"D AVENUE, MIAMI, FLORIDA 33130.
b. Provider shall notify the City and The Children's Trust of a public records request immediately, but no later
than forty-eight (48) hours, after the request is made to Provider for records that contain data owned by
either the City and/or The Children's Trust. Notification to the City shall be by e-mail to the City's program
manager at his or City e-mail address. Notification to the Children's Trust shall be by telephone at the
following number: (305) 571-5700/e-mailing The Children's Trust with a read receipt at
datasecuritty@thechildrenstrust.org. The notification shall include, at a minimum: (1) the date of the request;
and (2) a description of the request.
c. Provider shall provide the City and The Children's Trust with a summary of the records produced or inspected
as a result of the public records request within forty-eight (48) hours of producing the records. The summary
shall be e-mail to the City's program manager at his or City e-mail address. The summary shall be e-mailed
to The Children's Trust with a read receipt at datasecurity@thechildrenstrust.org. The summary shall include,
at a minimum: (1) the date of the production or inspection; (2) the number of records produced or
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inspected; and (3) warranty that exempt and confidential information was protected from disclosure.
B. Standard of care
a. Provider acknowledges and agrees that, in the course of this Agreement and the Contract, Provider may,
directly or indirectly, receive or have access to Highly -Sensitive Personal information or Personal Information.
Provider shall comply with the terms and conditions set forth in this Agreement and Provider's portion of the
Contract in its collection, receipt, transmission, storage, disposal, use and disclosure of such Highly -Sensitive
Personal Information or Personal Information and shall be responsible for the unauthorized collection, receipt,
transmission, access, storage, disposal, use and disclosure of Personal Information under its control or in its
possession. Furthermore, Provider shall be responsible for the actions and omissions of all Authorized Persons
that are not Authorized Employees concerning the treatment of such Highly -Sensitive Personal Information or
Personal Information as if they were Provider's own actions and omissions.
b. Personal Information is deemed to be property of the City and/ or The Children's Trust and is not property of
Provider. Neither the City nor The Children's Trust will collect Highly -Sensitive Personal Information. The Provider
should not collect Client Highly -Sensitive Personal Information.
c. Subject to Florida's Public Records Law, Chapter 119, Florida Statutes, or otherwise required by law, Provider
agrees and covenants that it shall:
1. keep and maintain all such Highly -Sensitive Personal Information or Personal Information strictly confidential;
use and disclose Personal Information solely and exclusively for the purposes for which the Personal
Information, or access to it, is provided pursuant to the terms and conditions of this Agreement and the
Contract, and shall not divulge, communicate, use, misuse, sell, rent, transfer, distribute, or otherwise
disclose or make available Personal Information for Provider's own purposes or for the benefit of anyone
other than the City and/or The Children's Trust, in each case, without the City's and The Children's Trust's
prior written consent, which may be withheld in their sole and absolute discretion; and
3. not, directly or indirectly, disclose Personal Information to any person other than Authorized Persons (an
"Unauthorized Third Party"), without express written consent from the City and The Children's Trust, which
may be withheld in their sole and absolute discretion. If any person or authority makes a demand on
Provider purporting to legally compel it to divulge any Personal Information, Provider shall (i) immediately
notify the City and The Children's Trust of the demand before such disclosure so that the City and The
Children's Trust may first assess whether to challenge the demand prior to Provider's divulging of such
Personal Information; (ii) be responsible to the City and The Children's Trust for the actions and omissions of
such Unauthorized Third Party concerning the treatment of such Personal Information as if they were
Provider's own actions and omissions; and (iii) require the Unauthorized Third Party that has access to
Personal Information to execute a written Contract agreeing to comply with the terms and conditions of
this Agreement and Provider's portion of the Contract relating to the treatment of Personal Information.
Provider shall not divulge such Personal Information until the City and The Children's Trust either has
concluded not to challenge the demand, or has exhausted its challenge, including appeals, if any.
C. Personal information security
a. Provider shall protect and secure data in electronic form containing such Highly -Sensitive Personal
Information or Personal Information. At a minimum, Provider's safeguards for the protection of Personal
Information shall include:
1. keep and maintain all such Highly -Sensitive Personal Information or Personal Information strictly
confidential encrypting, securing, or modifying such Personal Information by any method or technology
that removes elements that personally identify an individual or that otherwise renders the information
unusable;
2. limiting access of Personal Information to Authorized Employees and Authorized Persons;
3. securing business facilities, data centers, paper files, servers, back-up systems and computing equipment,
including, but not limited to, all mobile devices and other equipment with information storage capability;
4. implementing network, device application, database and platform security;
5. securing information transmission, storage and disposal;
6. implementing authentication and access controls within media, applications, operating systems and
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equipment;
7. encrypting Highly -Sensitive Personal Information stored on any mobile media;
8. encrypting Highly -Sensitive Personal Information transmitted over public or wireless networks;
9. implementing appropriate personnel security and integrity procedures and practices, including, but not
limited to, conducting backgrounds checks consistent with applicable law, as required by the City and/or
The Children's Trust from time to time;
10. providing appropriate privacy and information security training to Provider's employees, as required by
the City and/or The Children's Trust from time to time; and
11. purchasing and maintaining cyber insurance coverage, if the City and/or The Children's Trust deems
necessary in their sole and absolute discretion.
b. Provider shall dispose, or arrange for the disposal, of customer records containing Personal Information within
its custody or control when the records are no longer to be retained. Such disposal shall involve shredding,
erasing, or otherwise modifying Personal Information in its control or possession to make it unreadable or
undecipherable through any means.
c. During the term of each Authorized Employee's employment by Provider, Provider shall at all times cause
such Authorized Employees to abide strictly by Provider's obligations under this Agreement and the Contract.
Provider further agrees that it shall maintain a disciplinary process to address any unauthorized access, use
or disclosure of Personal Information by any of Provider's officers, directors, partners, principals, employees,
agents or contractors. Upon the City's and/or The Children's Trust's request, Provider shall promptly identify
for the City and/or The Children's Trust in writing all Authorized Employees as of the date of such request.
d. Upon the City's and/or The Children's Trust's written request, Provider shall provide the City and/or The
Children's Trust with a network diagram that outlines Provider's information technology network infrastructure
and all equipment used in relation to fulfilling its obligations under this Agreement and the Contract, including,
without limitation: (i) connectivity to the City, The Children's Trust and all third parties who may access
Provider's network to the extent the network contains Personal Information; (ii) all network connections
including remote access s and wireless connectivity; (iii) all access control devices (such as (solely by way of
example), firewall, packet filters, intrusion detection and access -list routers); (iv) all back-up or redundant
servers; and (v) permitted access through each network connection.
D. Security breach procedures
a. Provider shall:
1. provide the City and The Children's Trust with the name and contact information for an employee of
Provider who shall serve as primary security contact and shall be available to assist the City and The Children's
Trust twenty-four (24) hours per day, seven (7) days per week as a contact in resolving issues associated with
a Security Breach;
2. notify the City and The Children's Trust of a Security Breach immediately, but no later than forty-eight (48)
hours after Provider becomes aware of it;
3. notify the City's program manager of any Security Breaches at his or her's City e-mail address. The notice
shall include, at a minimum: (1) the date, estimated date, or estimated date range of the Breach of security;
and (2) a description of the Personal Information that was accessed or reasonably believed to have been
accessed as a part of the Breach of security; and
4. notify The Children's Trust of any Security Breaches by telephone at the following number: (305)571-5700/e-
mailing The Children's Trust with a read receipt at datasecurity@thechildrenstrust.org. The notice shall include,
at a minimum: (1) the date, estimated date, or estimated date range of the Breach of security; and (2) a
description of the Personal Information that was accessed or reasonably believed to have been accessed
as a part of the Breach of security.
b. Immediately following Provider's notification to the City and The Children's Trust of a Security Breach, the
parties shall coordinate with each other to investigate the Security Breach. Provider shall fully cooperate with
the City and The Children's Trust in the handling of the matter, including, without limitation: (i) assisting with any
investigation; (ii) providing the City and/or The Children's Trust with physical access to the facilities and
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operations affected; (iii) facilitating interviews with Provider's employees and others involved in the matter;
and (iv) making available all relevant records, logs, files, data reporting and other materials required to comply
with applicable law, regulation, industry standards or as otherwise required by the City and/or The Children's
Trust, in their sole and absolute discretion.
c. Provider shall take steps to immediately remedy any Security Breach and prevent any further Security Breach
at Provider's expense in accordance with applicable privacy rights, laws, regulations and standards, or as
otherwise required by the City and/or The Children's Trust in their sole and absolute discretion. Provider shall
reimburse the City and/or The Children's Trust for reasonable costs incurred in providing individuals affected
by a Security Breach with notice of the breach and complimentary access for credit monitoring services,
which the City and/or The Children's Trust in their sole and absolute discretion deems necessary to protect
such affected individuals in light of the risks posed by the Security Breach.
d. Provider agrees that it shall not inform any third party of any Security Breach without first obtaining the City's
and/or The Children's Trust's prior written consent, other than to inform a complainant that the matter has
been forwarded to the City's and The Children's Trust's legal counsel. Further, Provider agrees that the City
and The Children's Trust shall have the sole right to determine: (i) whether notice of the Security Breach is to
be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies or others
as required by law or regulation, or otherwise in the City's and/or The Children's Trust's discretion; and (ii) the
contents of such notice, whether any type of remediation may be offered to affected persons, and the nature
and extent of any such remediation.
13. Withholding of Payment
At the sole discretion of The Children's Trust, payment may be withheld for non-compliance of contractual terms. The
Children's Trust will provide payment upon satisfactory compliance with the contractual terms as solely determined
by The Children's Trust.
P. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement and any related
portions of the 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 hereto and by The Children's Trust
under the Contract.
Q. GOVERNING LAW & VENUE
This Agreement and the Contract shall be interpreted and construed in accordance with and governed by the laws
of the State of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out
of the terms of this Agreement and/or the Contract and any action involving the enforcement or interpretation of
any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and
for, Miami -Dade County, Florida.
R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS
All employees, volunteers and subcontracted personnel who work in direct contact with children or who may come
into direct contact with children at the site in question must complete a Level 2 background screening that complies
with its requirements prior to commencing work pursuant to this Agreement and related portions of the Contract. This
requirement applies to all volunteers who provide services to children, youth and their families regardless of the
number of hours they provide services. Occasional or transient repair or maintenance persons who appear on the
site should be escorted to their work areas and then supervised during the time they are present to conduct their
work.
All providers are required to review annually, at minimum, The Dru Sjodin National Sex Offender Public Website.
Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS
(Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be
accepted from those agencies that already conduct business with either the Department of Children and Families
(DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A
clearance letter from the MDCPS Office of Employment Standards indicating the person has successfully completed
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a Level 2 screening will be accepted.
In addition:
• The Provider shall complete Attachment E-1: Affidavit for Level 2 Background Screenings. The Affidavit shall
cover employees, volunteers, and subcontractors performing services under this contract who are required to
complete a Level 2 background screening as defined in this section.
• The Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3:
Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File
Requirements.
• Provider shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2: Child Care
Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and
Attachment E-4: Background Screening & Personnel File Requirements in Provider's personnel, volunteers, and
sub -contractors' files.
• Provider shall re -screen each employee, volunteer and subcontractor every five years.
S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Provider understands that the City and The Children's Trust expect Provider to meet the federal standards under the
Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable
programmatic accommodations to include children with disabilities and their families, whenever possible.
Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school
building or other building or structure which is not owned by Provider.
T. REGULATORY COMPLIANCE
1. Non-discrimination and Civil Rights
Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender,
pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age,
except that programs may target services for specific target groups as may be defined in the competitive solicitation.
Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that
respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes,
races, religions, sexual orientation, and ethnic backgrounds.
Provider agrees to abide by Chapter 1 I 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 City shall have
the right to terminate all or any portion of this Agreement and The Children's Trust shall have the right to terminate all
or any portion of Provider's portion of the 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 the Contract and the City 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 City or The Children's Trust, may not submit a bid on a contract, as applicable, with the City and/or
The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of
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real property to the City and/or The Children's Trust, as applicable, may not be awarded or perform work as a Provider
supplier, sub Provider, or consultant under a contract with the City and/or The Children's Trust, and may not transact
any business with City and/or The Children's Trust, as applicable, 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 Agreement and of
Provider's portions of the Contract and recovery of all monies paid hereto, and may result in debarment from the
City's and The Children's Trust's competitive procurement activities.
3. Conflict of Interest
Provider represents that the execution of this Agreement in connection with Provider's portions of the Contract does
not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes § 112 as
amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and
be governed by these conflict of interest provisions throughout the course of this Agreement and Provider's portions
of the Contract and in connection with its obligations hereunder.
(Refer to httr)://www.miamidadeethics.com/Publications/code of ethics2010.r)df for the Code of Ethics
Ordinance).
4. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including:
Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation.
Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases
of fraud or abuse.
5. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this
Agreement and the Contract any and all licenses, certifications, approvals, insurances, permits and accreditations,
required by the State of Florida, Miami -Dade County, the City, other relevant municipalities, The Children's Trust or
the federal government. Provider must be qualified and registered to do business in the State of Florida and in the
City of Miami both prior to and during the Agreement and contract terms with the City and The Children's Trust.
6. Incident Reporting
An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious
harm to the physical or mental health, safety or well-being of a child participating in the program. Reportable
incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant,
missing child or abandoned child, loss of property use for the program, or destruction of property used in the program.
Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child,
aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96-
ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees.
Provider shall notify the City's program manager and The Children's Trust contract manager of any incident as
defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of
the incident together with a copy of the incident report. The report must contain the following:
(1) Name of reporter (person giving the notice)
(2) Name and address of victim and guardian
(3) Phone number where the reporter can be contacted
(4) Date, time, and location of incident
(5) Complete description of incident and injuries, if any
Police report and actions taken shall be submitted to the City and The Children's Trust within fifteen (15) days of the
incident. Provider shall provide written notification to the City and The Children's Trust, within seven (7) days of any
legal action related to the incident.
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7. Sexual Harassment
Provider shall complete an incident report in the event a program participant, client or employee makes an
allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone
arising out of the performance of this Agreement in connection with the Contract and Provider has knowledge
thereof. Provider shall provide written notification to the City and The Children's Trust within three (3) business days
after Provider is informed of such an allegation. Provider shall provide written notification to the City and The
Children's Trust, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident.
8. Proof of Policies
Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to
confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative
action, Americans with Disabilities Act, and drug -free workplace.
U. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult
participants in the program for services; and to share information with the City and The Children's Trust for
monitoring and evaluation purposes.
Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish,
and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will
be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the
participants' registration form, and signed by parent/guardian before services commence or assessments are
administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on
the consent form.
V. PROGRAMMATIC DATA REPORTING
Demographic and service information on program participants will be provided to the City and The Children's Trust
as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection
reporting, including participant data as required by The Children's Trust and described in Attachment C to this
Agreement and the contract, Programmatic Data and Reporting Requirements, subject to confidentiality
requirements. In addition, Provider agrees to furnish the City and The Children's Trust with complete and accurate
reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in
Attachment C.
Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2-1-
1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting
Requirements.
W. PUBLICITY
Provider agrees that activities, services and events funded by this Agreement through the Contract shall recognize
the City and The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations,
advertisements and signs within its control recognize the City and The Children's Trust for the support of all contracted
activities. The use of the official Children's Trust logo is permissible. Provider shall contact the City's program manager
regarding uses of the City's logo.
Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the
activities funded by this Agreement and the Contract, are informed that The Children's Trust is a funding source and
that the City is a funding source in cooperation with The Children's Trust for services within the City. Provider shall, if it
possesses the appropriate technology, provide a link between the website and The Children's Trust's website.
Provider shall coordinate with the City's program manager regarding links between Provider's website and the City's
website.
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X. PUBLICATIONS
Provider agrees to supply the City and The Children's Trust, without charge, up to three copies of any publication
developed in connection with implementation of programs addressed by this Agreement through the Contract.
Such publications will state that the program is supported by the City and The Children's Trust. Provider agrees that
the City and 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 - Families First Parenting Program is funded by The Children's Trust. The Children's Trust is a dedicated
source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade
County.
Espanol:
The City of Miami - Families First Parenting Program ester financiado por El Fidecomiso de los Ninos (The Children's
Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas
de ninos y familias en el Condado de Miami -Dade.
Kreyol:
The City of Miami - Families First Parenting Program Se Children's Trust ki finanse (pwogram sa-a). Children's Trust se
you sous finansman elekte Miyami-Dade to kreye nan you referandom. Finansman sa a dedye you pwogram k'ap
amelyore lavi ti moun ak fanmi yo.
Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the
above language can be altered to read "The (organization) is funded in part by The Children's Trust in cooperation
with the City of Miami..."
Y. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of
the provisions of this Agreement or 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.
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Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Agreement with its attachments as referenced below contains all the terms and conditions agreed upon by the
parties:
Attachment A: Scope of Services
Attachment B: Other Fiscal Requirements, Budget, and Method of Payment
Attachment C: Programmatic Data and Reporting Requirements
Attachment D: Program Specific Audit Requirements
Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable
Attachment E-2: Child Care Affidavit of Good Moral Character, if applicable
Attachment E-3: Child Abuse & Neglect Reporting Requirements, if applicable
Attachment E-4: Background Screening & Personnel File Requirements, if applicable
Attachment F: Performance Improvement Plan, if applicable
Attachment G: Data Security Definitions
Attachment H: Children's Trust Contract No. 1910-7580 w/ the City for Families First Parenting Program for 2018-19
Attachment I: City of Miami Resolution No. 18-0328, Adopted July 26, 2019.
No other contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind
the Parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement and any
applicable provision of the Contract shall not be affected thereby if such remainder would then continue to conform
to the terms and requirements of applicable law.
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CITY OF MIAMI,
A Florida municipal corporation
MIAMI DADE COUNTY, FLORIDA
L-12
Arthur Noriega, City Manger
Date:
Attest:
By:
Todd Hannon, City Clerk
Date:
Approved as to Form and Correctness:
By:
Victoria Mendez, City Attorney
Date:
Approved as to Insurance Requirements:
By:
Ann -Marie Sharpe, Dir. of Risk Management
Date:
PROVIDER:
A Florida
Provider Federal ID #:
By:
Print Name:
Title:
Date:
Attest:
By:
Print Name:
Title:
Date:
corporation
This contract is not valid until signed by both parties.
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ATTACHMENT A:
SCOPE OF SERVICES
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
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ATTACHMENT B:
OTHER FISCAL REQUIREMENTS.,
BUDGET & METHOD OF PAYMENT
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OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
Advance payment requests
The Children's Trust offers advance payments equal to 15% of the total contract value. Advance requests shall be
limited to governmental entities and not -for -profit corporations, in accordance with subsection 216.181 (16) (b), F.S.
The advance request must include the amount requested and a justification for the request. Advance requests must
be submitted using the designated form and must be approved in writing by The Children's Trust Contract Manager
and Chief Financial Officer or their designee.
The City shall not advance any funds unless such funds are advanced by The Children's Trust under the Contract in
relation to this Agreement.
Advance repavment
Advance repayment is due within 60 calendar days of receipt of the advance. Provider shall report the amount of
the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS reimbursement screen. If
a provider does not use SAMIS, then they are required to deduct their advance repayment from each invoice,
consecutively, until the advance is repaid in full.
Budget amendments/revisions
Budget amendments/revisions require written approval from the City's program manager, the Children Trust's
Contract Manager and The Children's Trust's Chief Financial Officer or their designee. Request for budget
amendments/revisions must be submitted to the Contract Manager using SAMIS, or the appropriate form, as
designated by the City and The Children's Trust. All budget amendments/revisions are subject to final approval by
the City and The Children's Trust. Budget amendments/revisions cannot be used to increase the total contract
amount or to modify the Scope of Services. No more than two (2) budget amendments/revisions may be approved
during the Agreement and Contract term. Budget amendment/revision requests must be submitted sixty (60) days
prior to the expiration of the Agreement and the Contract. Budget amendments/revisions will be incorporated into
this Agreement and the contract.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total
Contract amount. In no event shall the City fund any costs whatsoever unless such costs have been funded by the
Children's Trust.
List of Approved Certified Public Accountants or Certified Public Accountina Firms
To receive reimbursement for the preparation of the program specific audit, as defined, provider must choose from
a list of approved independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust
website. Inclusion in this pre -approved vendor pool requires that a CPA firm meet the following three (3) criteria:
(a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of
Certified Public Accountants (FICPA) peer review program as evidenced by submitting a triennial System Review
Rerport with a passing score to The Children's Trust;
(b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental
accounting and/or nonprofit accounting with the application of Government Auditing Standards; and
(c) completion of an annual CPA training session sponsored by The Children's Trust finance department.
Cost Reimbursement Method of Payment
The parties agree that this is a cost reimbursement method of payment Agreement; Provider shall be paid in
accordance with the approved budget and/or approved budget amendments/revisions as set forth in this
attachment. Provider also agrees to pay on a timely basis its subcontractors, vendors and employees for the
fulfillment of services provided in this in the Agreement and the Contract.
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Invoice Reauirements
Provider shall submit an original request for payment, utilizing the format prescribed by The Children's Trust and in
accordance with the approved budget or approved budget revision(s). The Children's Trust will notify the Provider
of the request for payment is to be submitted electronically suing SAMIS or by using a reporting "invoice"
form/spreadsheet. The request for payment is due on or before the fifteenth (15f") day of the month following the
month in which expenditures were paid (exclusive of legal holidays or weekends). The City agrees to reimburse
Provider in accordance with The Children's Trust requirements.
If there are subcontractors to this Agreement, if permitted by the Contract, then the Form D: Attestation of Payment
must be either uploaded to the SAMIS Document Repository no later than 30 days after payment to subcontractor(s) .
Upon the close of this Agreement and related portions of the Contract, Provider is required to complete Form E:
Close-out Attestation of Payment, which must be uploaded to the SAMIS Document Repository no later than thirty
(30) days after payment to subcontractor(s). These forms may be downloaded from The Children's Trust's website.
For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into
agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this
Agreement and the Contract.
The City and the Children's Trust reserve the right to request any supporting documentation. A final request for
payment (last monthly invoice of the contract term) from Provider will be accepted up to forty-five (45) days after
the expiration of this Agreement and/or the Contract. If Provider fails to comply, then all rights to payment shall be
forfeited.
If the City and/or The Children's Trust determines that Provider has been paid funds, which are not in accordance
with this Agreement in relation to the Contract, and to which it is not entitled, then Provider shall return such funds to
the City and/or The Children's Trust, as applicable, or submit appropriate documentation to support the payment
within thirty (30) days of notification by the City and/or The Children's Trust. After thirty (30) days, the City and/or The
Children's Trust, as applicable, may recapture amounts due to the City and/or The Children's Trust from this or any
Contract with either the City or the Children's Trust by reducing amounts requested to be reimbursed less the amount
owed to the City and/or The Children's Trust. The Children's Trust and the City shall have the sole discretion in
determining if Provider is entitled to such funds in accordance with this Agreement and the Contract, and the
decision by either the City or The Children's Trust on this matter shall be binding.
In the event that Provider, its independent CPA firm, the City or The Children's Trust discovers that an overpayment
has been made, Provider shall repay the overpayment within thirty (30) calendar days without prior notification from
the City and/or The Children's Trust, as applicable.
If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with this Agreement
and the contract, then the City may amend the Agreement and 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. Any delay in amendment by the City is not deemed a waiver of the City's right to amend or seek
reimbursement for under -serving participants in accordance with the Agreement.
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 Agreement and the 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 the receipt of payment. Late submission may result in delay in the receipt
of payment. Provider shall be paid within thirty (30) calendar days of receipt of Provider's properly submitted Request
for Payment and/or other required documentation.
The City and/or The Children's Trust, as applicable, may retain any payments due until all required reports,
deliverables or monies owed to the City and/or The Children's Trust, as applicable, are submitted and accepted by
the City and/ or The Children's Trust.
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Supportinq Documentation Requirements
Provider shall maintain original records documenting actual expenditures and services provided according to the
approved budget and scope of services. Supporting documentation shall be made available and provided to the
City and The Children's Trust upon request.
Provider shall keep accurate and complete records of any fees collected, reimbursement or compensation of any
kind received from any client or other third party, for any service covered by this Agreement and the Contract, and
shall make all such records available to the City and The Children's Trust upon request. Provider shall maintain a cost
allocation methodology that is used to allocate its costs to ensure that The Children's Trust is paying only its fair share
of costs for services, overhead and staffing devoted to the program funded by this Agreement and the Contract.
Such methodology shall be made available to the City and The Children's Trust upon request.
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ATTACHMENT C:
PROGRAMMATIC DATA AND
REPORTING REQUIREMENTS
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Attachment D
Program Specific Audit Requirements
The Program Specific Audit must encompass an audit of this Agreement in connection with The Children's Trust
Contract(s) in accordance with section 03: Program Specific Audit of this contract. The comprehensive nature of
auditing performed in accordance with the standards set forth below places on the independent certified public
accounting firm (CPA) the responsibility for ensuring that (1) the audit is conducted by personnel who have the
necessary skills; (2) independence is maintained; (3) applicable standards are followed in planning and conducting
audits and reporting the results; (4) the organization has an appropriate internal quality control system in place; and
(5) the organization undergoes an external quality control review.
Program Specific Audits must be conducted in compliance with AU-C 935 and are required to include performing
tests of controls over compliance.
An auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance;
and in doing so; the assessed control risk must be assessed at low during the planning stage. If the auditor determines
a lack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are
not effective regarding the compliance requirement, a response to such risks should be developed, and a finding
(significant deficiency or material weakness) should be reported.
The auditor's test work and sample size of each compliance requirement should be the result of the assessed level
of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust
contracts.
The Program Specific Audit requires the following components (a sample format may be found on The Children's
Trust website):
a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts;
b. Schedule of Expenditures of The Children's Trust Contracts;
c. Notes to Schedule;
d. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control
over Compliance;
e. Schedule of Findings and Questioned Costs.
At a minimum, the auditor must include the following tests in their audit program to ensure that the compliance
requirements set forth in The Children's Trust compliance supplement are met. They are:
The Children's Trust Compliance Supplement to the Program Specific Audit:
Compliance Requirement
Program Specific Audit
Implication
Example
a). Internal Controls
1). An auditor's risk assessment
A). Controls tested during the
must include an expectation of
financial statement audit may
the operating effectiveness of
not consider compliance as it
controls over compliance; and
relates to the Children's Trust
in doing so; the assessed
contracts. Overall control risk
control risk must be assessed at
must consider each
low during the planning
compliance requirement tested
stage. If the auditor determines
during the program specific
a lack of controls and identifies
audit. Separate risk assessment
risk of material noncompliance
procedures and materiality
that demonstrates internal
should be performed and
controls do not exist or are not
generated for a program
effective regarding the
specific audit.
compliance requirement, a
response to such risks should be
developed, and a finding
(significant deficiency or
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
29
Compliance Requirement
Program Specific Audit
Example
Implication
material weakness) should be
reported.
The auditor's test work and
sample size of each
compliance requirement
should be the result of the
assessed level of inherent risk
and control risk as it relates to
each compliance requirement
as stated in The Children's Trust
contracts.
b). Budget vs. Actual
1). The approved budget is to
A). Testwork should include a
Expenditures
include the original approved
schedule identifying each
contract as well as any
contract and its
approved budget
original/amended budget,
amendments/revisions.
monthly billings, contract
utilization and any analytical
expectations that may identify
any overbillings.
i. SAMIS does not allow
providers to overbill any
budgeted line item or
contract allocation,
however, if contract
utilization is greater or
less than expected, this
could indicate that a
budgeted salary rate is
not the employee's
actual rate. Provider
must compensate
employees at the rate
stated on the budget.
Any difference in rate
would warrant a finding
in the Program Specific
Audit Report.
c). Allowable/Unallowable
1). Requires that the nature of
A). If Provider asks to be
Activities and Costs
services and type of costs paid
reimbursed for 6 field trips to
are in agreement with the
teach children social skills, then
contractual budget and/or
were those field trips
Common unallowable costs:
budget amendment/revision's
enumerated in either the
1. Salary rates, payroll methods
scope of services and budget
contractual budget narrative or
and hours billed do not match
guidelines.
the contractual Scope of
original or amended budgets.
AND/OR
Services?
2. The amount of fringe
Requires that activities
benefits billed to the Trust is
performed or costs paid with
B). If the contractual budget,
actually for employees not
The Children's Trust funds are
lists a Program Coordinator
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
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Compliance Requirement
Program Specific Audit
Example
Implication
included in contract budget
listed in the contractual budget
position at $25.00/hour, then
and unrelated to the program.
narrative or a contractual
does the provider actually pay
3. Professional services are
budget amendment/revision
and charge The Children's Trust
billed within regular salaries and
narrative.
$25.00/hour?
wages.
4. Capital purchases disguised
2)• Any cost or service billed
C). If the contractual budget,
as repairs.
that is not approved in the
lists a Program Coordinator's
contract budget is a finding
position, with dedicated time
5. Sales taxes and tips.
and reported as a questioned
charged to The Children's Trust
6. Fuel
cost on the Program Specific
program of 25%, then does the
7. Food and beverage costs for
Audit Report.
provider keep records of an
parties, celebrations, end -of-
employee's time to
program eve
events, and
nt
3). If any cost or service is billed
substantiate that 25% of time
conferences conventions,
in more than one contract, and
was in fact earned and
unless while attending an out-
the billings are in excess of the
charged to The Children's Trust
of -town conference or
total disbursement, or
program?
convention.
approved allocation, the
expense has been overbilled or
8. Monetary gift cards as
doubled billed and should be
D). If 3 contracts list a Program
incentives.
considered a finding.
Coordinator's total budgeted
(A detailed listing of all costs
salary as $100,000 and each
and activities considered
4). Children's Trust funds must
contract will reimburse $35,000
allowed and un-allowed can
supplement a program,
(35%), then a possible
be viewed in the Budget
supplanting is unallowable. A
overbilling of $5,000 may have
Guidelines form on the
provider may not use contract
occurred ($35,000*3=$105,000
Children's Trust website,
funds to defray any costs that
or 35%*3=105% Children's Trust
www.thechildrenstrust.org/provi
the recipient already is
obligated to pay. (See
salary allocation).
ders/forms.)
example F)
E). If an invoice is submitted to
The Children's Trust that
includes food charges for end
of the year parties and
celebrations, is that cost
allowable per The Children's
Trust budget guidelines? Food
costs for end of year
celebrations are NOT allowable
per The Children's Trust budget
guidelines.
F) . If a provider, prior to
applying to participate in the
contracted program, had
committed to purchase 10 new
computers for another
program, then the provider
must purchase those 10
computers in addition to any
computers requested for the
Children's Trust program.
d). Cash Management
1). With the exception of the
A). If payroll is paid on 3/31, is it
last month of the contract
included in March's
period, do monthly invoices
reimbursement?
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
31
Compliance Requirement
Program Specific Audit
Example
Implication
represent cost actually paid
during the contract period
B). If payroll is paid on 4/1, but
(cash basis), rather than costs
represents time charged in
incurred or accrued.
March, is it included in April's
reimbursement?
e). Period of Availability
1). Requires Provider to charge
A). If the active contract
The Children's Trust grant with
period extends from 8/1 /15
only allowable costs resulting
through 7/31 /16, and Provider
from obligations incurred during
expenses $250.00 for office
the funding period.
supplies on 9/30/15, does that
expenditure apply to the active
contract period?
B). The following items warrant
the most attention at the
beginning and end of contract
periods:
i. Payroll from expired
contract is billed in the
first month of renewed
contract is unallowable
if it was paid during the
invoiced month but
was incurred in prior
contract. Reporting
requirements for final
invoice allow this
payroll to be expensed
and reimbursed in prior
contract. Only the
portion of payroll
incurred during the
contract period may
be billed.
ii. Utilities
iii. Insurances
f). Special Provisions
1). Eligibility requirements
Each of the following special
related to contract
provisions must be tested:
expectations such as type of
A). Insurance requirements
participants served, number of
(further description in Section K
participants served and
of Core Contract)
background checks should
NOT be tested as part of The
i. Auditor should
Children's Trust program
determine if all
specific audit. The program
applicable insurance
specific audit is meant to test
policies were carried
the fiscal viability of the
during the fiscal year.
provider. Therefore, certain
B). Proof of tax status (further
core contract provisions that
description in Section L)
support the fiscal viability of the
provider should be tested.
ii. Auditor should vouch to
applicable documents
verifying that all
incurred payroll and
unemployment taxes
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
32
Compliance Requirement
Program Specific Audit
Implication
Example
have been paid.
Q. Data security obligation
(further description in Section
0.12 of the Core Contract)
i. Auditor should obtain
and/or understand the
Provider's data security
policy.
D). Subcontractor agreements
(if applicable)
i. Auditor should obtain
and understand any
agreements made with
subcontracted parties.
Additionally, the auditor
should obtain an
understanding of any
Provider monitoring
procedures.
E). Matching Funds
i. In some cases, a
required match is
contracted. This will be
indicated in Section D
of the base contract.
Verify the applied
method the provider
uses to satisfy match
requirements. Also,
verify that provider
maintains
documentation to
backup match
requirements.
The independent auditor's report shall state that the audit was conducted in accordance with auditing standards
generally accepted in the United States of America; the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States, and the Program Specific
Audit requirements listed in The Children's Trust contract.
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
33
ATTACHMENT E-1
Affidavit under Penalty of Perjury for Level 2 Background Screenings
Affidavit under Penalty of Perjury Affirming Compliance with Background Screening for Provider Personnel, Volunteers,
and Subcontracted Personnel, as applicable.
In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, and
pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes
the following statement under oath and under penalty of perjury, which is a first degree misdemeanor, punishable
by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections
837.012 and 775.082, Florida Statutes.
All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers provided to the program
by a subcontractor have been checked against The Dru Sjodin National Sex Offender Public Website
http://www.nsopw.gov/eng (Check must have taken place within 30 calendar days prior to the signing of this
document.)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared Authorized
Provider Representative of
who being by me first duly sworn, deposes and says:
I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel
background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes,
as applicable, for all personnel having direct contact with children.
(Signature of CEO/Executive Director/HR Director) Date
Sworn to and subscribed before me at Miami -Dade County, Florida this _ day of , 20_ by
Who is personally known to me
Who produced identification: -
Type of identification
Signature of Notary Public
State of Florida at Large
Print, type or stamp name of notary public
My Commission Expires:
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
34
D,v° °VPAR74,e ATTACHMENT E-2
W °
CHILD CARE
`�E `A,. AFFIDAVIT OF GOOD MORAL CHARACTER
N a1�n
MYF I FA M 11 1 f S.COAA
State of Florida County of
Before me this day personally appeared who, being duly sworn, deposes and says:
(Applicant's/Employee's Name)
As an applicant for employment with, an employee of, a volunteer for, or an applicant to volunteer
with
, I affirm and attest under penalty of perjury that I meet the moral character requirements for
employment, as required by Chapter 435 Florida Statutes in that:
I have not been arrested with
disposition pending or found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or
have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of
the Florida Statutes or under any similar statute of another jurisdiction for any of the offenses listed below:
Relating to:
Section 393.135
sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct
Section 394.4593
sexual misconduct with certain mental health patients and reporting of such sexual misconduct
Section 415.111
adult abuse, neglect, or exploitation of aged persons or disabled adults or failure to report of such abuse
Section 741.28
criminal offenses that constitute domestic violence, whether committed in Florida or another jurisdiction
Section 777.04
attempts, solicitation, and conspiracy
Section 782.04
murder
Section 782.07
manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child
Section 782.071
vehicular homicide
Section 782.09
killing an unborn child by injury to the mother
Chapter 784
assault, battery, and culpable negligence, if the offense was a felony
Section 784.011
assault, if the victim of offense was a minor
Section 784.03
battery, if the victim of offense was a minor
Section 787.01
kidnapping
Section 787.02
false imprisonment
Section 787.025
luring or enticing a child
Section 787.04(2)
taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceeding
Section 787.04(3)
carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering
the child to the designated person
Section 790.115(1)
exhibiting firearms or weapons within 1,000 feet of a school
Section 790.115(2) (b)
possessing an electric weapon or device, destructive device, or other weapon on school property
Section 794.011
sexual battery
Former Section 794.041
prohibited acts of persons in familial or custodial authority
Section 794.05
unlawful sexual activity with certain minors
Chapter 796
prostitution
Section 798.02
lewd and lascivious behavior
Chapter 800
lewdness and indecent exposure
Section 806.01
arson
Section 810.02
burglary
Section 810.14
voyeurism, if the offense is a felony
Section 810.145
video voyeurism, if the offense is a felony
Chapter 812
theft and/or robbery and related crimes, if a felony offense
Section 817.563
fraudulent sale of controlled substances, if the offense was a felony
Section 825.102
abuse, aggravated abuse, or neglect of an elderly person or disabled adult
Section 825.1025
lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
Section 825.103
exploitation of disabled adults or elderly persons, if the offense was a felony
Section 826.04
incest
Section 827.03
child abuse, aggravated child abuse, or neglect of a child
Section 827.04
contributing to the delinquency or dependency of a child
Former Section 827.05
negligent treatment of children
Section 827.071
sexual performance by a child
Section 843.01
resisting arrest with violence
Section 843.025
depriving a law enforcement, correctional, or correctional probation officer means of protection or communication
Section 843.12
aiding in an escape
Section 843.13
aiding in the escape of juvenile inmates in correctional institution
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
35
Chapter 847
obscene literature
Section 874.05(1)
encouraging or recruiting another to join a criminal gang
Chapter 893
drug abuse prevention and control only if the offense was a felony or if any other person involved in the offense was a
minor
Section 916.1075
sexual misconduct with certain forensic clients and reporting of such sexual conduct
Section 944.35(3)
inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm
Section 944.40
escape
Section 944.46
harboring, concealing, or aiding an escaped prisoner
Section 944.47
introduction of contraband into correctional facility
Section 985.701
sexual misconduct in juvenile justice programs
Section 985.711
contraband introduced into detention facilities
I understand that I must acknowledge the existence of any applicable criminal record relating to the above lists of offenses including those under any
similar statute of another jurisdiction, regardless of whether or not those records have been sealed or expunged. Further, I understand that, while
employed or volunteering at in any position that requires background screening as a condition of
employment, I must immediately notify my supervisor/employer of any arrest and any changes in my criminal record involving any of the above listed
provisions of Florida Statutes or similar statutes of another jurisdiction whether a misdemeanor or felony. This notice must be made within one
business day of such arrest or charge. Failure to do so could be grounds for termination.
I attest that I have read the above carefully and state that my attestation here is true and correct that my record does not contain any of the above listed
offenses. I understand, under penalty of perjury, all employees in such positions of trust or responsibility shall attest to meeting the requirements for
qualifying for employment and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses. I also understand that it
is my responsibility to obtain clarification on anything contained in this affidavit which I do not understand prior to signing. I am aware that any
omissions, falsifications, misstatements or misrepresentations may disqualify me from employment consideration and, if I am hired, may be grounds
for termination or denial of an exemption at a later date.
SIGNATURE OF AFFIANT:
Sign Above OR Below, DO NOT Sign Both Lines
To the best of my knowledge and belief, my record contains one or more of the applicable disqualifying acts or offenses listed above. I have placed a
check mark by the offense(s) contained in my record. (If you have previously been granted an exemption for this disqualifying offense, please attach a
copy of the letter granting such exemption.) (Please circle the number which corresponds to the offense(s) contained in your record.)
SIGNATURE OF AFFIANT:
Sworn to and subscribed before me this day of , 20
SIGNATURE OF NOTARY PUBLIC, STATE OF FLORIDA
(Print, Type, or Stamp Commissioned Name of Notary Public)
(Check one)
Affiant personally known to notary
OR
Affiant produced identification
Type of identification produced:
in any position that requires
background screening as a
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
36
ATTACHMENT E-3
49PpFPART,�6
o
w Child Abuse & Neglect Reporting Requirements
e6 It"
All child care personnel are mandated by law to report their suspicions of child abuse, neglect, or
abandonment to the Florida Abuse Hotline in accordance with s. 39.201 of the Florida Statutes (F.S.).
* Child care personnel must be alert to the physical and behavioral indicators of child abuse and neglect.
"Child Abuse or Neglect" is defined in s. 39.201, F.S., as "harm or threatened harm" to a child's health
(mental or physical) or welfare by the acts or omissions by a parent, adult household member, other
person responsible for the child's welfare, or for purposes of reporting requirements by any person.
Categories include:
- Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision...)
- Emotional Abuse or Neglect (i.e. impairment in the ability to function, depression...)
- Sexual Abuse (i.e. withdrawal, excessive crying, physical symptoms...)
* Reports must be made immediately to the Florida Abuse Hotline Information System by
- Telephone at 1-800-96-ABUSE (1-800-962-2873), or
- Fax at 1-800-914-0004, or
- Online at http://www.dcf.state.fl.us/abuse/report/.
* Failure to perform duties of a mandatory reporter pursuant to s. 39.201, F.S. constitutes a violation of the
standards in ss. 402.301-319, F.S. and is a felony of the third degree. Remember, it is each child care
personnel's responsibility to report suspected abuse and/or neglect.
* All reports are confidential. However, persons who are mandated reporters (child care personnel) are
required to give their name when making a report.
* It is important to give as much identifying and factual information as possible when making a report.
* Any person, when acting in good faith, is immune from liability in accordance with s. 39.203(1)(a), F.S.
* For more information about child abuse and neglect, visit the Department's website at
www.mvflorida.com/childcare and select "Training Requirements." The Department offers a 4-hour
Identifying and Reporting Child Abuse and Neglect course for child care providers. This course is an
overview of the various types of abuse and neglect, indicators that may be observed, the legal
responsibility of mandatory reporters, and the proper procedure for reporting abuse and neglect, as
required by ss. 402.305(2) and 402.313(1), F.S. The course is offered both online and instructor -based
throughout Florida.
This statement is to verify that on , 20_, I,
Date
Print Name of Employee
Read and understood the information and my mandated reporting requirements.
Signature of Employee (for facility or large family child care home)
Signature of Operator
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
37
396391 FY20221-22 Form of Provider Agreement in connection with Children's Trust Core Contract # for City Program: Families First Parenting Program
38
THE 1M
CHILDREN'S
TRUST
Board of Directors Meeting
Summary of Actions Taken
May 24, 2021
4:09 p.m.
These actions were taken by the Board of Directors of The Children's Trust meeting held on
May 24, 2021, with a quorum of members physically present and some members attending
virtually:
Please note that the number of board members fluctuate based on arrival and departure of some of them throughout
the meeting.
Motion to approve the April 19, 2021 Board of Directors minutes was made by Pamela
Hollingsworth and seconded by Mary Donworth. Motion passed unanimously, 22-0.
Finance & Operations Committee Report
Resolution 2021-48: Motion to approve the resolution was made by Dr. Dorothy Bendross-
Mindingall and seconded by Mindy Grimes-Festge. Authorization to negotiate and execute a contract
renewal with Marcum LLP, in a total amount not to exceed $28,500.00, for a term of 12 months,
commencing August 1, 2021, and ending July 31, 2022, with one remaining 12-month renewal, subject
to annual appropriations. Motion passed unanimously, 23-0.
Program Services & Childhood Health Committee Report
Resolution 2021-49: Motion to approve the resolution was made by Dr. Dorothy Bendross-
Mindingall and seconded by Pastor Richard Dunn. Authorization to waive the formal competitive
procurement process and negotiate and execute contracts with 14 Family and Neighborhood Support
Partnerships providers, identified herein, in a total amount not to exceed $8,914,814.00, for a term of 12
months, commencing October 1, 2021, and ending September 30, 2022. Motion passed, 20-0.
Recusais by Lourdes Gimenez, Annie Neasman, and Gilda Ferradaz.
Resolution 2021-50: Motion to approve the resolution was made by Karen Weller and
seconded by Gilda Ferradaz. Authorization to negotiate and execute contract renewals with eight
providers, identified herein, for Family Strengthening services, in a total amount not to exceed
$3,796,514.00, for a term of 14 months, commencing August 1, 2021, and ending September 30, 2022,
with one remaining 12-month renewal, subject to annual funding appropriations. Motion passed, 20-0.
Recusals by Dr. Daniel Bagner, Annie Neasman, and Constance Collins.
Resolution 2021-51: Motion to approve the resolution was made by Lourdes Gimenez and
seconded by Karen Weller. Authorization to negotiate and execute contract renewals with 40
providers, identified herein, to deliver evidence -based parenting services, in a total amount not to exceed
$16,435,892.00, each for a term of 14 months, commencing August 1, 2021, and ending September 30,
2022, with one remaining 12-month renewal, subject to annual funding appropriations. Motion passed,
20-0. Recusais by Dr. Daniel Bagner, Annie Neasman, and Constance Collins..
Resolution 2021-52: Motion to approve the resolution was made by Dr. Dorothy Bendross-
Mindingall and seconded by Karen Weller. Authorization to negotiate and execute contract renewals
with Be Strong International, Inc., Florida International University (FIU), and University of Miami (UM), to
deliver brief parenting workshops and educational or public health events, in a total amount not to
exceed $1,183,852.00, for a term of 14 months, commencing August 1, 2021, and ending September 30,
2022, with one remaining 12-month renewal, subject to annual funding appropriations. Motion passed,
22-0. Recusal by Dr. Daniel Bagner.
Summary of Actions taken at the May 24, 2021 Board of Directors Meeting 6
Resolution 2021-53: Motion to approve the resolution was made by Annie Neasman and
seconded by Lourdes Gimenez. Authorization to negotiate and execute contract renewals with Training
and Implementation Associates and the University of Miami, for program and professional development
(PPD) support services for The Children's Trust's family services providers and staff, in a total amount not
to exceed $500,000.00, for a term of 12 months, commencing October 1, 2021, and ending September
30, 2022, with one remaining 12-month renewal, subject to annual appropriations. Motion passed
unanimously, 23-0.
Resolution 2021-54: Motion to approve the resolution was made by Pastor Richard Dunn and
seconded by Judge Orlando Prescott. Authorization to negotiate and execute a contract renewal with
Miami Dade College for The Children's Trust Books for Free program, in a total amount not to exceed
$400,000.00, for a term of 12 months, commencing October 1, 2021, and ending September 30, 2022,
with one remaining 12-month renewal, subject to annual funding appropriations. Motion passed
unanimously, 23-0.
Resolution 2021-SS: Motion to approve the resolution was made by Dr. Daniel Bagner and
seconded by Dr. Dorothy Bendross-Mindingall. Authorization to negotiate and execute a single
source contract with Miami Dade Family Learning Partnership for Reach Out and Read, early literacy
programming, in a total amount not to exceed $355,664.00, for a term of 12 months, commencing
October 1, 2021, and ending September 30, 2022. Motion passed unanimously, 23-0.
Resolution 2021-56: Motion to approve the resolution was made by Lourdes Gimenez and
seconded by Mark Trowbridge. Authorization to negotiate and execute a contract with the Public
Health Trust of Miami -Dade County, d/b/a Jackson Health System, in partnership with the University of
Miami Miller School of Medicine, to implement Miami's Injury Free Coalition for Kids, in a total amount not
to exceed $408,000.00, for a term of 12 months, commencing October 1, 2021, and ending September
30, 2022. Motion passed unanimously, 23-0.
Resolution 2021-57: Motion to approve the resolution was made by Pastor Richard Dunn and
seconded by Annie Neasman. Authorization to negotiate and execute a contract with Miami -Dade
County for the HERO truancy prevention program, a component of the Case Management Referral
Program, in a total amount not to exceed $880,000.00, for a term of 12 months, commencing August 1,
2021, and ending July 31, 2022. Motion passed unanimously, 23-0.
Resolution 2021-58: Motion to approve the resolution was made by Judge Orlando Prescott
and seconded by Mindy Grimes-Festge. Authorization to enter into a purchase agreement with
University of Miami Department of Pediatrics to support the Pediatric Mobile Clinic in providing
comprehensive health services throughout Miami -Dade County, in a total amount not to exceed
$100,000.00, for a term of 12 months, commencing June 1, 2021, and ending on July 31, 2022. Motion
passed unanimously, 23-0.
Resolution 2021-59: Motion to approve the resolution was made by Tiombe Bisa Kendrick -
Dunn and seconded by Mindy Grimes-Festge. Authorization to launch The Children's Trust's Paradise
Found Network initiative, and, as part of that initiative, authorization for a procurement waiver to
negotiate and execute a contract with the University of Miami (UM) for development of a social -emotional
wellness (SEW) framework and implementation supports for a total amount not to exceed $316,590.00,
for a term of 16 months, commencing June 1, 2021, and ending September 30, 2022, subject to annual
funding appropriations. Motion passed unanimously, 22-0.
Resolution 2021-60: Motion to approve the resolution was made by Lourdes Gimenez and
seconded by Annie Neasman. Authorization to negotiate and execute contract renewal with Excel Kids
Academy to deliver high -quality after -school programming for 75 elementary school children and summer
programming for 75 elementary school children, in a total amount not to exceed $289,245.00 for a term
of 12 months, commencing August 1, 2021, and ending July 31, 2022, with one remaining 12-month
renewal, subject to annual funding appropriations. Motion passed unanimously, 22-0.
Meeting adjourned at 5:36 p.m.
Summary of Actions taken at the May 24, 2021 Board of Directors Meeting 7
The Children's Trust Board Meeting
Date: May 24, 2021
Resolution: 2021-51
Strategic Plan Priority Investment Areas: Parenting: Group, Advocacy, Home Visitation
and Individual Parenting Supports
Strategic Plan Headline Community Results: Children are supported by nurturing and
involved parents; children are ready for kindergarten; students
are succeeding academically; children behave appropriately in
schools, homes and communities; and youth successfully
transition to adulthood.
Recommended Action: Authorization to negotiate and execute contract renewals with 40
providers, identified herein, to deliver evidence -based parenting
services, in a total amount not to exceed $16,435,892.00, each
for a term of 14 months, commencing August 1, 2021, and
ending September 30, 2022, with one remaining 12-month
renewal, subject to annual funding appropriations.
Budget Impact: Funding in the amount of $16,435,892.00 for this resolution is
allocated for FY 2020-2021 and is projected to be available in IY
2021-2022.
Description of Services: All parents and families, regardless of their circumstances, face
inevitable parenting challenges and can benefit from supports. Effective, consistent, and
supportive parenting prepares children for a lifetime of success. The Children's Trust funds a
continuum of evidence -based and promising programs that includes group, advocacy, home
visitation, and individual supports. Programs offer professional and peer support, educational,
and skill -building opportunities for parents and primary caregivers from the prenatal period
through children's transition to adulthood, with the goals of supporting positive parent -child
interaction and communication.
Additionally, some group -based advocacy programs emphasize parent leadership
development and civic engagement, allowing parents to become more engaged in child -
serving systems and advocating for their own children's success, and for improved family -
centered services.
Programs are offered in homes, pediatric offices, and other settings, such as child care centers
and schools, in high -need communities. They provide skill -building opportunities for parents
of children birth to 18 (up to 22 for families with youth with disabilities) with a focus on child
health, development, and school readiness/success through encouraging positive and
nurturing parent -child relationships. Parents can connect and support each other as they learn
and practice new parenting skills. Programs may propose to adjust services for some
participants using telehealth and other technology to be responsive to participant needs.
Resolution 2021-51 - Parenting: Group, Advocacy, Home Visitation and Individual Parenting Supports
May 24, 2021
22
The following programs are recommended for renewal:
Agency_
Evidence -based Program
Amount Not
to Exceed
Amigos Together for Kids Inc.
Nurturing Parenting Program
579 843.00
Catholic Charities of the
Strengthening Families Program (SFP)
$522,674.00
Amount Not
Agency
Evidence -based Program
to Exceed
Overtown Youth Center Inc.
Positive Parenting Program (Triple P
133 408.00
Parent to Parent of Miami, Inc.
Parent to Parent Peer Support
$926,576.00
Program
Richmond-Perrine Optimist
Nurturing Parenting Program
$405,815.00
Club Inc.
Sundari Foundation Inc.
Positive Parenting Program (Triple P
216 430.00
The Arc of South Florida
Positive Parenting Program (Triple P
352 270.00
The Miami Lighthouse for the
Parents as Teachers (PAT)
$367,879.00
Blind & Visually Impaired, Inc.
University of Miami Department
Healthy Steps
$758,332.00
of Pediatrics
University of Miami Department
Parent Child Interaction Therapy
$723,333.00
of Pediatrics
PCIT
University of Miami Department
The Incredible Years
$912,147.00
of Pediatrics
This contract funding amount is higher than the prior year because the upcoming contract
term is for 14 months to align with The Children's Trust fiscal year. The annual funding
allocation remains the same.
Background: On May 29, 2018, the board of The Children's Trust approved the funding
recommendations from the request for proposals, RFP# 2018-03, for a five-year funding
cycle, following a comprehensive review process. To date, programs have been successfully
renewed based on their performance and participants' needs. The most recent program
performance ratings available, from before the COVID-19 pandemic (in January 2020),
indicate most programs were performing at or beyond contractual expectations.
We are currently in the third year of the funding cycle (2020-2021), and our programs have
continued to adapt effectively to the evolving crisis caused by the COVID-19 pandemic. For
example, at the shutdown onset many programs made the transition to virtual service delivery
using online and telehealth platforms. Some programs have reported these modalities have
increased their engagement with some families who may have found it difficult to attend in -
person services regularly.
Current recommendations for renewals for the fourth year of the funding cycle (2021-2022)
are based on staff assessment of programs through observations of activities and performance
data reviews. These assessments show that providers are offering high -quality, individualized
services to meet families' needs. Participant data for the first six months of programming
(August 2020 through January 2021) are summarized in the attachment.
Geographic Area: Countywide.
Resolution 2021-51 - Parenting: Group, Advocacy, Nome Visitation and Individual Parenting Supports
May 24, 2021
► ]'
The foregoing recommendation was offered by who moved its
approval. The motion was seconded by and upon being put to a vote,
the vote was as follows:
The Chairperson thereupon declared the resolution duly passed and adopted this 241"
day of May, 2021.
THE CHILDREN'S TRUST
MIAMI-DADE COUNTY, FLORIDA
BY
SECRETARY
Approved by County Attorney for form and legal sufficiency
Resolution 2021-51 - Parenting: Group, Advocacy, Home Visitation and Individual Parenting Supports
May 24, 2021
25
I