HomeMy WebLinkAboutExhibit 3DQ FT
CONTRACT NO. ###-###
BETWEEN THE CHILDREN'S TRUST
AND CITY OF MIAMI
OFFICE OF THE MAYOR
FOR [P&P, etc. ] 2009-10
THIS CONTRACT, made and entered into by and between The hildren's Trust whose address is 3150 S.W.
3`d Avenue, 8th Floor, Miami, Florida 33129 and City of Miami, a Florida municipal corporation, through its
Office of the Mayor hereinafter referred to as the "Provider" whose address is
, Miami, Florida 331_, states the conditions and covenants for the
rendering of services to children and families (hereafter referred to as "Services") for The Children's Trust.
In consideration of the mutual covenants herein, The Children's Trust and the Provider (sometimes hereafter
referred to as "Parties") agree as follows:
A. EFFECTIVE TERM
The effective term of this Contract shall be from throug
subject to funding availability and Provider's performance.
B. TERMS OF RENEWAL, if applicable
In the sole discretion of The Children's Trust this Contract may be renewed twice and with the
acknowledgement of the Provider. Renewal may not exceed a term equal to the term of the initial contract,
for a total maximum of three (3) terms. In considering the exercise of any contract renewal, The Children's
Trust in its sole discretion will consider, but is not limited to, the following:
1. Provider meeting the performance requirements specified in this Contract.
2. Continued demonstrated and documented need for the services funded.
3. Program performance, and fiscal performance and compliance by the Provider that is deemed
satisfactory in The Children's Trust's sole discretion.
4. The availability of funds from The Children's Trust. The Children's Trust is prohibited from creating
obligations in anticipation of budgeted revenues from one fiscal year to another without year to year
extension provisions in the contract.
5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Contract
before the contract term expires.
C. SCOPE OF SERVICES
Provider agrees to render services in accordance with the Scope of Services, Attachment A, to this
Contract. Provider shall implement the Scope of Services, Attachment A, in a manner deemed
satisfactory to The Children's Trust. Any modification to the Scope of Services shall not be effective
until approved, in writing, by The Children's Trust and the Provider.
2. The Scope of Services' activities and performance measures, as well as complete and accurate data
and programming information will be used in the evaluation of the Provider's overall performance.
3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be
used exclusively for Services in and for the benefit of Miami -Dade County residents.
D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract
shall not exceed $[dollar amount]. The Parties agree that should available funding to The Children's Trust be
reduced, the amount payable under this Contract will be reduced at the sole option of The Children's Trust,
with a proportionate reduction in the Services. Provider agrees to adhere to the Budget and Method of
Payment outlined in Attachment B to this Contract.
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E. FISCAL MANAGEMENT
1. Double Billing and Payments
Provider costs or earnings claimed under this Contract may not also be claimed under another contract
or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any
other agency. Any claim for double payment by Provider shall be a material breach of this Contract.
2. No Supplanting of Existing Public Funds
The Children's Trust funding may not be used by any provider as a substitute for existing resources or
for resources that would otherwise be available for children's services, or to replace funding previously
provided by and currently available from local and state funding sources for the same purpose.
Government agencies must certify that they have maintained their previous funding level when
applying for additional funding from The Children's Trust. A violation of this section shall be
considered a material breach of this Contract.
3. Capital Equipment
Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and
Florida Administrative Code, Section 69I-73.001, and is defined for purposes of this Contract as
individual items with a value of $1,000 or greater which have a life expectancy of more than one year.
Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are
intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be
tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with
Provider to tag the asset and receive all information regarding the capital equipment. Provider must
maintain a record of any capital equipment purchased with funds provided by The Children's Trust.
When Provider is no longer funded by The Children's Trust, the equipment will be returned to The
Children's Trust for use by another funded program unless it is fully depreciated. Provider must
initiate return of such capital equipment to The Children's Trust. Ownership of capital equipment will
be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital
equipment is fully depreciated and in the possession of Provider.
4. Assignments and Subcontracts
Neither Provider nor The Children's Trust shall assign this Contract to another party. Provider shall not
subcontract any Services contemplated under this Contract without prior written approval of The
Children's Trust. Provider shall incorporate appropriate language form The Children's Trust contract
into its subcontracts and shall require that all subcontractors providing services shall be governed by
the terms and conditions of this contract. Provider shall submit a copy of said agreement to The
Children's Trust within 30 days of its execution. All sub -contracted providers must agree to be
monitored by or on behalf of The Children's Trust in the same manner as Provider under the terms of
this contract. Provider and Subcontractor must be qualified to do business in the state of Florida.
Provider shall be responsible for all services performed and all expenses incurred with this Contract,
including services provided and expenses incurred by any and all subcontractors. It is understood by
Provider that The Children's Trust shall not be liable to a subcontractor for any expenses or liabilities
incurred under any subcontract and Provider shall be solely liable under the subcontract. Provider
agrees, at Provider's sole expense, to hold harmless and defend The Children's Trust against any such
claims, demands or actions related to any subcontract.
In no event shall The Children's Trust directly provide funds to any subcontractor. All payments to
any authorized subcontractor shall be paid directly by Provider to the subcontractor.
S. Religious Purposes
Organizations and their faith -based community partners shall not use funds provided under this
Contract to support inherently religious activities, such as religious instruction, worship, or
proselytization.
6. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The
Children's Trust for lobbying any federal, state or local government or legislators.
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7. Adverse Action or Proceeding
Provider shall not utilize the funds provided under this Contract or any other funds provided by The
Children's Trust to retain any legal counsel for any action or proceeding against The Children's Trust or
any of its agents, employees or officials.
F. INDEMNIFICATION BY PROVIDER
Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall
indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities
from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the performance of this
Contract by Provider or its employees, agents, servants, partners, principals or subcontractors.
Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall
pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS
Where activities supported by this Contract produce original writing, data, sound recordings, pictorial
reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust
has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner
consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's
Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or
patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every
right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for
the same, will vest in the Provider or with any applicable third party who has licensed or otherwise permitted
the Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of
The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this
Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such
copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
The Parties understand that this Contract is subject to the provisions, limitations and exceptions of Chapter
119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida
Statutes, the -Provider retains sole ownership of intellectual property developed under this Contract. It is the
responsibility of the Provider to pay all required licensing fees if intellectual property owned by other parties is
incorporated by the Provider into the services required under this Contract. Such licensing should be in the
exclusive name of the Provider. Payment for any such licensing fees or costs arising from the use of others'
intellectual property shall be at the expense of the Provider.
As applicable under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla.
Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or
kind, including costs and expenses for or on account of third party allegations that use of any intellectual
property owned by the third party and provided, manufactured or used by the indemnifying Party in the
performance of this Contract violates the intellectual property rights of that third party.
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I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by the Provider shall have occurred under this Contract if the Provider through
action or omission causes any of the following:
a. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective
term of this Contract;
b. Fails to correct an imminent safety concern or take acceptable corrective action;
c. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
d. Does not furnish the certificates of insurance required by this Contract or as determined by The
Children's Trust;
e. Does not meet or satisfy the conditions of award required by this Contract;
f. 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;
g. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of
Services in this Contract;
h. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to
monitor, evaluate and review the Provider's program, including required client data;
i. Fails to comply with child abuse and incident reporting requirements;
j. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material
misstatement;
k. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified
reasonable time;
I. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's
Trust or any of its agencies;
m. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws;
n. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and
stipulations in this Contract;
o. Fails to comply with Background Screening, as required under this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
2. Remedies
If the Provider breaches this Contract, and fails to cure such breach within thirty (30) days after
receiving written notice from The Children's Trust identifying the breach, The Children's Trust may
pursue any of the following remedies:
a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan
with the Provider to cure any breach of this Contract as may be permissible under state or federal law.
(Attachment F, if applicable). Any such remedial plan shall be an addition to this Contract and shall
not affect or render void or voidable any other provision contained in this Contract, costs, and any
judgments entered by a court of appropriate jurisdiction.
b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written
notice to the Provider of such suspension and specifying the effective date thereof, at least five
business days before the effective date of suspension. On the effective date of suspension the
Provider may (but shall not be obligated to) continue to perform the services provided for in this
Contract, but the Provider shall promptly cease using The Children's Trust's logo and any other
reference to The Children's Trust in connection with such services. All payments to the Provider as of
this date shall cease, except that The Children's Trust shall continue to review and pay requests for
payment for services that were performed and/or for deliverables that were substantially completed at
the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments
are suspended, The Children's Trust must specify in writing the actions that must be taken by the
Provider as condition precedent to resumption of payments and shall specify a reasonable date for
compliance. The Children's Trust may also suspend any payments in whole or in part under any other
contracts entered into between The Children's Trust and the Provider by providing separate written
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notice to the Provider of each such suspension and specifying the effective date thereof, which must
be at least five business days before the effective date of such suspension, in any event The Children's
Trust shall continue to review and pay requests for payment as provided for in such other contracts for
services that were performed and/or for deliverables that were substantially completed at the sole
discretion of The Children's Trust prior to the effective date of such suspension. The Provider shall be
responsible for all direct and indirect costs associated with such termination including reasonable
attorney's fees.
c. The Children's Trust may terminate this Contract by giving written notice to the Provider of such
termination and specifying the date thereof at least five (5) business days before the effective date of
termination. In the event of such termination, The Children's Trust may (a) request the Provider to
deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies,
surveys, reports prepared and secured by the Provider with Trust funds under this Contract subject to
the rights of the Provider thereto as provided for in Paragraphs G and H above; (b) seek
reimbursement of any Trust funds which have been improperly paid to the Provider under this
Contract; (c) terminate further payment of Trust funds to the Provider under this Contract, except that
The Children's Trust shall continue to review and pay requests for payment for services that were
performed and/or deliverables that were substantially completed at the sole discretion of The
Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel any
other contracts entered into between The Children's Trust and the Provider by providing separate
written notice to the Provider of each such termination and specifying the effective date thereof, which
must be at least five business days before the effective date of such termination, in which event The
Children's Trust shall continue to review and pay requests for payment as provided for in such other
contracts for services that were performed and/or for deliverables that were substantially completed
at the sole discretion of The Children's Trust prior to the effective date of such termination. The
Provider shall be responsible for all direct and indirect costs associated with such termination,
including reasonable attorney's fees.
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. The Provider shall be responsible for all direct and indirect
costs associated with such enforcement, including reasonable attorney's fees, costs, and any
judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and
reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final
settlement.
e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract.
J. INSURANCE REQUIREMENTS
Provider shall have their insurance agent(s) provide to The Children's Trust within 30 days of contract
execution, Certificates of Insurance or, as applicable, a letter of self-insurance indicating coverage applicable
to a Florida municipal corporation or written verification (binders) required under this section or as determined
by The Children's Trust, except as required by Florida law for government entities. It is the Provider's
responsibility to comply with this requirement. The Children's Trust shall be named as an additional insured as
their interest may appear on all applicable policies, and all applicable policies shall be maintained in full force
for the term of this contract. As a condition of the execution of the contract, The Children's Trust will not
disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance, letter of
self-insurance or written verification (binders) and The Children's Trust has approved such documents. The
Children's Trust shall have the rights to review said certificates or letters and, if applicable, reasonably require
updating of types and amounts of coverage provided upon any renewal of this Contract.
Provider will carry insurance policies in the amounts and with the requirements indicated below:
1. Worker's Compensation Insurance for all employees and non -incorporated independent contractors
and non -incorporated consultants of the Provider, as required by Florida Statutes, Chapter 440. The
employer's liability portion will be $500,000/$500,000/$500,000 as a minimum.
2. Comprehensive General Liability insurance in an amount not less than $500,000 combined single limit
per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $ 1,000 are
discouraged, unless Provider can provide financials to support a higher deductible. The Children's Trust
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must be designated and shown as an "Additional Insured as Their Interest May Appear" 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.
Automobile liability coverage for all owned and/or leased vehicles of the Provider and non -owned
coverage for their employees and/or sub -contractors transporting program participants. The
amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property
damage. The Children's Trust must be designated and shown as an "Additional Insured as Their
Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned
without hired auto coverage, but rental cars can not be used in the course of the Provider's regular
operations. Rental cars may be used for travel to attend conferences outside the tri -county area.
4. Automobile liability coverage for all owned and/or leased vehicles of the Provider and non -owned
coverage for their employees and /or sub -contractors not transporting program participants. The
minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and
property damage. The Children's Trust must be designated and shown as an "Additional Insured as
Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned
without hired auto coverage, but rental cars can not be used in the course of the Provider's regular
operations. Rental cars may be used for travel to attend conferences outside the tri -county area.
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 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.
If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage
amounts determined by The Children's Trust but not less than $250,000 per claim and in the
aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims
made form. The Children's Trust is not required to be named as an Additional Insured.
7. If applicable, Proof of Property Coverage is required when the Provider has capital equipment paid for
by The Children's Trust and said capital equipment is under the care custody and control of the
Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee.
Certificate holder must read:
The Children's Trust
3150 SW 3rd Avenue, 8th Floor
Miami, Florida 33129
Classification and Rating
All insurance policies required above shall be issued by companies authorized to do business under the laws of
the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as
the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The
Children's Trust's Risk Management Division, or the company must hold a valid Florida
Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or
Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and
are members of the Florida Guaranty Fund.
The Provider shall notify The Children's Trust, in writing, of any material changes in insurance coverage,
including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior
to the effective date except for ten (10) days for lack of payment changes.
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In the event of any change in the Provider's Scope of Services, Attachment A, The Children's Trust may
increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider
to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by
The Children's Trust prior to any such decrease, waiver or modification.
In the event that an insurance policy is canceled during the effective period of this Contract, The Children's
Trust shall withhold all payments from the Provider until a new Certificate of Insurance or written verification
(binders) of insurance required under this section is submitted and approved by The Children's Trust. The
new insurance policy shall cover the time period commencing from the date of cancellation of the prior
insurance policy.
The Children's Trust may require the Provider to furnish additional and different insurance coverage, or both,
as may be required from time to time under applicable federal or state laws. Provision of insurance by
Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or
assessment that The Children's Trust may have against the Provider for any liability of any nature related to
performance under this Contract or otherwise.
All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or
policies of insurance.
K. PROOF OF TAX STATUS
Provider is required to keep on file the following documentation for review by The Children's Trust.
■ The Internal Revenue Service (I.R.S.) tax status determination letter;
■ The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after
the Provider's fiscal year end or other appropriate filing period permitted by law;
• If required by applicable law to be filed by the Provider, IRS 941 - quarterly federal tax return reports
within thirty-five (35) calendar days after the quarter ends and if the 941 reflects a tax liability, proof
of payment must be submitted within sixty (60) calendar days after the quarter ends.
L. NOTICES
All notices pursuant to this Contract shall be in writing and sent by certified mail to the addresses for each
Party appearing on the first page of this Contract, and in the case of notices to The Children's Trust, marked
to the attention of its President and CEO. It is each Party's responsibility to advise the other Party in writing
of any changes in name, address and/or telephone number.
M. AUTONOMY
Both Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation
between, the contracting parties. It is expressly understood and intended that Provider is only a recipient of
funding support and is not an agent or instrumentality of The Children's Trust, and that Provider's agents and
employees are not agents or employees of The Children's Trust.
N. RECORDS, REPORTS, AUDITS AND MONITORING
1. Accounting records
Provider shall keep accounting records which conform to generally accepted accounting principles. All
such records will be retained by Provider for not less than five years beyond the last date that all
applicable terms of this Contract have been complied with and final payment has been received and
appropriate audits have been submitted to and accepted by the appropriate entity. However, if any audit,
claim, litigation, negotiation or other action involving this Contract or Modification hereto has commenced
before the expiration of the retention period, the records shall be retained until completion of the action
and resolution of all issues which arise from it or until the end of the regular retention period, which ever
is later.
2. Financial audit and Program Specific Audit
Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual
Financial Audit, performed by an independent certified audit firm who is registered to do business with the
Florida State Department of Business Regulation, of all its corporate activities and any accompanying
management letter(s) or report(s) on other matters related to internal control, for each year during which
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this Contract remains in force and until all funds expended from this Contract have been audited. If no
management letter or report or other matters related to internal control is prepared by the independent
audit firm, Provider must confirm in writing to The Children's Trust that no such report was submitted to
the Provider. This audit shall be conducted in accordance with auditing standards generally accepted in
the United States of America and standards contained in the Government Auditing Standards issued by
the Comptroller General of the United States.
Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of States,
Local Government and Non -Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97
agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit
findings, applicable auditor's reports and the corrective action plan when the schedule of findings and
questioned costs prepared by the independent auditor discloses audit findings. In the event that the
independent auditor does not disclose audit findings, Provider shall submit written notification to The
Children's Trust that an audit of Provider was conducted in accordance with applicable laws and
regulations and that the findings and questioned costs disclosed no audit findings related to this Contract;
and, that the summary schedule of prior audit findings did not report on the status of any audit findings
relating to awards that The Children's Trust provided.
Within 180 days of the close of its fiscal year, a Provider who is contracted for a combined total of
$300,000 or more from The Children's Trust from this or any other The Children's Trust contract(s),
related to the fiscal year under audit, the Provider agrees to have a program -specific audit relating to The
Children's Trust contract(s), in addition to the annual financial audit of the Provider's entire organization.
This program -specific audit is to encompass an audit of The Children's Trust contract(s) as specified in
Attachment D: Program Specific Audit Requirements.
A Provider that does not meet the program -specific audit threshold requirement of a combined total
contract amount of $300,000 or more from The Children's Trust will be exempt from the program -specific
audit requirement in the fiscal year.
Audit extensions may be granted in writing by The Children's Trust, after proper approval has been
obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with
appropriate justification by the Provider.
The financial audit and other financial information will be used in the evaluation of the Provider's
performance and the Provider's overall fiscal health soundness.
3. Access to records
Provider shall provide access to all records including subcontractor(s) which relate to this Contract at its
place of business during regular business hours. Provider agrees to provide such assistance as may be
necessary to facilitate their review or audit by The Children's Trust to insure compliance with applicable
accounting, financial, and programmatic standards. This would include access by The Children's Trust or
its designee, to Provider's independent auditor's working 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 at The Children's Trust's expense.
4. Monitoring
Provider agrees to permit The Children's Trust personnel or contracted agents to perform random
scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the subject
of this Contract, including any subcontracts under this Contract, using The Children's Trust approved
monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and
programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The
Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys,
fiscal/administrative review and other techniques deemed reasonably necessary in The Children's Trust's
sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to
Provider and Provider will rectify all deficiencies cited within the period of time specified in the report.
S. Client Records
Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child
participants of funded programs and services for the following purposes: (a) to research, track and
measure the impact of The Children's Trust funded programs and services in an effort to maintain and
improve such programs and services for the future (individual identifying information will not be
disclosed); (b) to identify and match individuals and data within and among various systems and other
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agencies for research purposes. The Children's Trust does not collect social security numbers for adult
participants.
Provider shall maintain a separate file for each child/family served. This file shall include all pertinent
information regarding program enrollment and participation. At a minimum, the file will contain
enrollment information (including parent registration consents and child demographics), service plans,
outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or
incident reports. These files shall be subject to the audit and inspection requirements under this Contract,
subject to applicable confidentiality requirements. All such records will be retained by the Provider for not
less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all
applicable state and federal laws on privacy and confidentiality.
6. Internal Documentation/ Records Retention
Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business
hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel
files of employees which include hiring records, background screening affidavits, job descriptions, and
evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff
time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of
the provision of Services pursuant to this Contract; (4) training modules; (5) pre and post session
questionnaires; (6) 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; all upon request by The Children's Trust. Provider shall retain all records for
not less than five years beyond the last date that all applicable terms of this Contract have been complied
with and final payment has been received, and appropriate audits have been submitted to and accepted
by the appropriate entity.
7. Confidentiality
Provider and The Children's Trust understand that during the course of performing the Services
hereunder, each party may have access to certain confidential and proprietary information and materials
of the other party in order to further performance of the Services. The Parties shall protect confidential
information and comply with applicable federal and state laws on confidentiality to prevent unauthorized
use, dissemination or publication of confidential information as each party uses to protect its own
confidential information in a like manner. The Parties shall not disclose the confidential information to any
third party (except that such information may be disclosed to such Party's attorneys), or to any employee
of such Party who does not have a need to know such information, which need is related to performance
of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect
to confidential information which (a) was lawfully known to the receiving party before receipt from the
other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is
rightfully received by the receiving party from a third party without restriction on disclosure, (d) is
independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by
the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the
Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this
Contract shall remain in full force and effect after the termination of this Contract.
8. Security Obligation
Provider shall maintain an appropriate level of data security for the information Provider is collecting or
using in the performance of this Contract. This includes, but is not limited to, approving and tracking all
Provider employees who request system or information access and ensuring that user access has been
removed from all terminated employees of Provider.
9. 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 of the contractual terms as
solely determined by The Children's Trust.
O. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not
limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly
approved and signed by both Parties.
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Contract #XXX -XXX, Resolution 20OX-XXX
P. GOVERNING LAW & VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of
Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the
terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall
be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade
County, Florida.
Q. EMPLOYEE BACKGROUND SCREENING
In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as
applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or
who come into direct contact with children must complete a satisfactory Level 2 background screening. Level
2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE),
VECHS Program. Satisfactory background screening documentation will be accepted for those agencies that
already conduct business with either the Department of Children and Families (DCF) or the Department of
Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from
MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening
will be accepted. In addition, an Attestation of Good Moral Character must be completed annually for each
employee, volunteer, and subcontracted personnel who work in direct contact with children. The Provider
shall re -screen each employee, volunteer and/or subcontractor every five years. Provider shall keep
Attachment E "Affidavit for Level 2 Background Screenings" in the Provider's personnel, volunteers, and/or
sub -contractors files.
R. CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Provider understands that The Children's Trust expects Provider to meet the federal standards under the
Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable
programmatic accommodations to include children with disabilities and their families, whenever possible.
Notwithstanding anything to the contrary, the Provider shall not be required to make any alteration to any
public school building or other building or structure which is not owned by the Provider.
S. REGULATORY COMPLIANCE
1. Non-discrimination and Civil Rights
Provider shall not discriminate against an employee, volunteer, or client of the Provider on the basis of
race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry,
national origin, disability, or age, except that programs may target services for specific target groups
as may be defined in the competitive solicitation.
Provider shall demonstrate that it has standards, policies, and practices necessary to render services
in a manner that respects the worth of the individual and protects and preserves the dignity of people
of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds.
Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as
amended, which prohibits discrimination in employment, housing and public accommodations; Title VII
of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public
accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which
prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the
Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in
employment and public accommodations because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The
Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any
owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible
enforcement agency or the courts to be in violation of these laws, said violation will be a material
breach of this Contract and The Children's Trust will conduct no further business with Provider.
2. Public Entities Crime Act
Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which
essentially provides that a person or affiliate who is a Provider, consultant or other provider and who
City of Miami Office of the Mayor Page 10 of 27
Contract #XXX -XXX, Resolution 200X -XXX
has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not
submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a
bid on a contract with The Children's Trust for the construction or repair of a public building or public
work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or
perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's
Trust, and may not transact any business with The Children's Trust in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list. Violation of this section shall
result in cancellation of this Contract and recovery of all monies paid hereto, and may result in
debarment from The Children's Trust's competitive procurement activities.
3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict
of Interest and Code of Ethics Ordinance, www.miamidade.gov/ethics/library/Ethics-Brochure-
2005.pdf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully
set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions
throughout the course of this Contract and in connection with its obligations hereunder.
4. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with the following provisions of the Sarbanes-Oxley Act of 2002:
• 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.
S. Licensing
The 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, insurance, permits and
accreditations, required by the State of Florida, Miami -Dade County, relevant municipalities, The
Children's Trust or the federal government. The Provider must be qualified and registered to do
business in the State of Florida both prior to and during the contract term with The Children's Trust.
6. Incident Reporting
Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or
abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide
toll-free telephone number (1 -800 -96 -ABUSE). As required by Chapters 39 and 415, Florida Statutes,
this is binding upon both the Provider and its employees.
Provider shall complete an incident report in the event of any serious bodily injury to anyone within
the scope of this Contract or arising out of the performance of this Contract. Provider shall provide
written notification of the incident together with a copy of the incident report to The Children's Trust
within three (3) working days after Provider is informed of such incident. Provider shall provide
written notification to The Children's Trust, within seven (7) days, if any legal action which is filed as a
result of such an injury.
7. Sexual Harassment
Provider shall complete an incident report in the event a client or employee makes an allegation of
sexual harassment, sexual misconduct or sexual assault by a Provider employee arising out of the
performance of this Contract and the Provider has knowledge thereof. Provider shall provide written
notification to The Children's Trust within three (3) business days after Provider is informed of such an
allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business
days, if any legal action which is filed as a result of such an alleged incident.
S. 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.
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Contract #XXX -XXX, Resolution 20OX-XXX
T. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants and/or for adult participants in
the program for services; and to share information with The Children's Trust for monitoring and evaluation
purposes.
Provider will ask participants to sign a voluntary Consent to Photograph form. 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. Any refusal of consent must be properly documented and
signed by the parent or legal guardian on the consent form.
U. PROGRAMMATIC DATA REPORTING
Demographic and service information on program participants will be provided to The Children's Trust as part
of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection
reporting, including participant data as required by The Children's Trust and described in Attachment C to
this contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In
addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe
and format to be reasonably specified by The Children's Trust, and as described in Attachment C.
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.
V. PUBLICITY
Provider agrees that activities, services and events funded by this Contract shall recognize The Children's
Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs
within its control recognize The Children's Trust for the support of all contracted activities. The use of the
official Children's Trust logo is permissible.
Provider shall use its best efforts to ensure that all media representatives, when inquiring with the Provider
about the activities funded by this Contract, are informed that The Children's Trust is a funding source.
Provider shall, if it possesses the appropriate technology, provide a link between the website and The
Children's Trust's website.
W. PUBLICATIONS
Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication
developed in connection with implementation of programs addressed by this Contract. Such publications will
state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will
have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the
provisions of Paragraphs G and H above.
To the extent permitted by the applicable journal or other publication source, Provider shall include The
Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's
Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any
other materials for dissemination to the media or general public:
English:
City of Miami Office of the Mayor and(;Xogram� aide) 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.
Spanish:
City of Miami Office of the Mayor and(� ogram ame ) esta financiado por EI
Fidecomiso de los Ninos (The Children's Trust). EI Fidecomiso de los Ninos es una fuente de
City of Miami Office of the Mayor Page 12 of 27
Contract #XXX -XXX, Resolution 20OX-XXX
financiacion, establecida por referendum para mejorar las vidas de ninos y familias en el
Condado de Miami -Dade.
Kreyol :
City of Miami Office of the Mayor and finanse pa "The Children's
Trust". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li
investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade.
Note: In cases where funding by The Children's Trust represents only a percentage of the Provider's overall
funding, the above language can be altered to read "The (organization) is funded in part by The Children's
Trust..."
X. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and
plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context
requires.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Contract #XXX -XXX, Resolution 20OX-XXX
Y. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by
the parties:
Attachment A: Scope of Services
Attachment B: Fiscal Requirements, Budget & Method of Payment
Attachment C: Programmatic Data and Reporting Requirements
Attachment D: Program Specific Audit Requirements
Attachment E: Affidavit for Level 2 Background Screenings
Attachment F: Performance Improvement Plan, if applicable
No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or
bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this
Contract shall not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
City of Miami, MIAMI-DADE COUNTY, FLORIDA The Children's Trust
a Florida municipal corporation
By
(Signature of Authorized Representative)
Pedro G. Hernandez
City Manager
Attest
By:
Priscilla A. Thompson, City Clerk
Date:
Approved as to Form and Correctness:
By:
Julie O. Bru, City Attorney
Date
Approved as to Insurance Requirements:
By
LeeAnn Brehm, Risk Management Administrator
Date:
by:
signature )
Modesto E. Abets
President and CEO
Approved as to form and legal sufficiency
By:
County Attorney
Date:
This contract is not valid until signed by both parties
City of Miami Office of the Mayor Page 14 of 27
Contract #XXX -XXX, Resolution 20OX-XXX
ATTACHMENT A:
Scope of Services
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Contract #XXX -XXX, Resolution 200X -XXX
Attachment A
Scope of Services
Contract No. XXX -XXX
Agency name: City of Miami Office of the Mayor
Program name:
1. Program Summary (Limit to 100 words):
2. Target Population (Include numbers in table and a narrative description of participant
characteristics, including ages, geography, disabilities, etc.):
Children/Youth
Birth - 5
6-12
13- 18
(up to 22 if servin CWD
Parents/Primary Caregivers
Other populations (e.g., staff
professionals, general
public)
Description of the population to be served:
FOR OOS
2. Target Population (Include numbers in table and a narrative description of participant
characteristics, including ages, geography, disabilities, etc.):
3. Service Locations:
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Contract #XXX -XXX, Resolution 20OX-XXX
4. Service Delivery:
TYPE 2 ACTIVITIES (less than 3 contacts with participants)
TYPE 3 ACTIVITIES (Other deliverables that are not direct services)
S. Performance Measure:
Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of
this contract.
*More than one activity may be associated with a single outcome; and more than one outcome may be affected
by a single activity.
6. Staff Qualifications:
Provider represents that all persons delivering the Services required by this Contract have the
knowledge and skills, either by training, experience, education, or a combination thereof, to
adequately and competently perform the duties, obligations, and Services set forth in the Scope of
Services (Attachment A) and to provide and perform such Services to The Children's Trust's
satisfaction.
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Contract #XXX -XXX, Resolution 20OX-XXX
7. Best practices
Provider shall perform its duties, obligations, and services under this Contract in a skillful and
respectful manner. The quality of Provider's performance and all interim and final product(s)
provided to or on behalf of The Children's Trust shall be comparable to local, state and national
best practice standards.
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Contract #XXX -XXX, Resolution 200X -XXX
ATTACHMENT B:
Fiscal Requirements, Budget and
Method of Payment
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Contract #XXX -XXX, Resolution 200X -XXX
ATTACHMENT B
FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
dvance Davment r
The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall
be limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181
(16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment
requests must be submitted using the designated form and must be approved in writing by The Children's
Trust's Contract Manager and Chief Financial Officer or their designee(s).
Advanced funds if not used shall be invested by the provider in an insured interest bearing account, in
accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to
The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's
Trust.
Advance payment
Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or
charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the
"invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the
next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of
the advance. A fiscal need must be clearly demonstrated and substantiated by the Provider in order for an
extension request to be considered by The Children's Trust.
Budget revisions
Budget revision(s) require prior written approval from the Contract Manager and The Children's Trust's Chief
Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager
using the appropriate form, as determined by The Children's Trust. The Provider must request a budget
revision to add, delete, and/or modify any line item(s). Budget revisions can not be used to modify the total
contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget
revisions may be approved during the contract term. Budget revisions will be incorporated into the Contract.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the
total contract amount.
Cost Reimbursement Method of Payment
The parties agree that this is a cost reimbursement method of payment contract; the Provider shall be paid in
accordance with the approved budget and/or approved budget revision as set forth in this Attachment.
Invoice Requirements
The Provider shall submit an original request for payment, in the format prescribed by The Children's Trust
and in accordance with the approved budget or approved budget revision(s). The request for payment is due
on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred
(exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly
billing basis. The Children's Trust reserves the right to request any supporting documentation. A final request
for payment (last monthly invoice of the contract term) from the Provider will be accepted by The Children's
Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to
payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and
to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate
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Contract #XXX -XXX, Resolution 20OX-XXX
documentation to support the payment. The Children's Trust shall have the sole discretion in determining if
Provider is entitled to such funds in accordance with this Contract and The Children's Trust's decision on this
matter shall be binding.
In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment has
been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification
from The Children's Trust.
If the Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the
Contract, The Children's Trust may amend the Contract to reduce the amount of dollars. Any delay in
amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek
reimbursement for under -serving participants in accordance with the Contract.
In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all
requests for payment must comply with the requirements set forth in this Contract and must be submitted on
the forms as prescribed by The Children's Trust. Requests for payment and/or documentation returned to
Provider for corrections may be cause for delay in receipt of payment. Late submission may result in delay in
receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of
Provider's properly submitted Request for Payment and/or other required documentation.
The Children's Trust shall retain any payments due until all required reports or deliverables are submitted and
accepted by The Children's Trust.
Supporting Documentation Requirements
The Provider shall maintain original records documenting actual expenditures and services provided according
to the approved budget and scope of services as required.
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 it uses to allocate its costs. Such methodology shall be made available to The Children's
Trust upon request.
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Contract #XXX -XXX, Resolution 200X -XXX
ATTACHMENT C
Programmatic Data and Reporting
Requirements
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Contract #XXX -XXX, Resolution 200X -XXX
ATTACHMENT C
Program/ Initiative
Programmatic Data and Reporting Requirements
Contract No. XXX -XXX
Agency name: City of Miami Office of the Mayor
Program name:
The Provider shall submit to The Children's Trust individual participant demographics, attendance, additional
output information, and outcome data, as noted in the Scope of Service (Attachment A). Reporting will include
direct submission of information into the electronic web -based reporting application (Data Tracker), as well as
standard paper reports, as noted below.
DEMOGRAPHICS. ATTENDANCE & OTHER OUTPUTS (electronic reporting in Data Tracker; requires attendance
at training and user login)
Activities with 3 or more contacts with the same participant will enter:
• Participant Demographics (including all the items noted below), shall be entered within seven (7) days
of entry into the program. All participant demographics shall be updated do an ongoing basis if and
when new information is collected.
• Participant Attendance shall be entered by the fifteenth (15th) day of the month following the end of
each month, exclusive of legal holidays or weekends.
Activities with less than 3 contacts per participant:
• Dates, number served, and locations (address and zip code) for each service activity delivered.
• Monthly updates on the status or percent achieved toward other products or materials noted in the
Scope of Service.
Demographics required for CHILD/YOUTH participants with 3 or more contacts:
• Is participant a parent, child, or other?
• Participant's Name (last, first, middle initial)
• Parent's Name (last, first, middle initial)
• Street Address, City, and Zip Code
• Gender (male, female)
• Date of Birth
• Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other)
• Ethnicity (Hispanic, Haitian, Other)
• English Proficiency (yes/no)
• Additional/Other language(s) spoken (English, Spanish, Haitian Creole, Other)
• Child's Social Security #
• Child's Miami -Dade County Public Schools ID Number
• Current Grade Level
• Current School
• Does child have a Health Insurance? (yes/no)
• Does child have a Disability? (yes/no)
• Documentation of Disability (Individualized Family Service Plan, Individualized Education Plan, Section
504 Plan, Medical diagnosis, Other)
• If Disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay,
Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental
retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment
(or blind), Other]
• Is participant involved with the Dependency System (e.g., DCF, Our Kids, full case management
agencies, dependency and family courts) or Delinquency System (e.g., D)J, Juvenile Services
Department, diversion/Civil Citation programs)] (Optional Field)
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Contract #XXX -XXX, Resolution 20OX-XXX
Demographics required for PARENT/CAREGIVER and OTHER participants with 3 or more contacts:
• Is participant a parent, child, or other?
• Number of Children in their Care (for Parents/Caregivers only)
• Name of the Children in their Care (for Parents/Caregivers only)
• Date of Birth of the Children in their Care (for Parents/Caregivers only)
• Participant's Name (last, first, middle initial)
• Street Address, City, and Zip Code
• Gender (male, female)
• Date of Birth
• Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other)
• Ethnicity (Hispanic, Haitian, Other)
• English Proficiency (yes/no)
• Additional/Other language(s) spoken (English, Spanish, Haitian Creole, Other)
• Adult's Highest Grade Completed
• Is participant involved with the Dependency system (e.g., DCF, Our Kids, full case management
agencies, dependency and family courts) or Delinquency system (e.g., DJJ, Juvenile Services
Department, diversion/Civil Citation programs)] (Optional Field)
OUTCOMES & NARRATIVE REPORTS (Paper Reporting - Excel and Word Documents)
• Outcomes Measurement and Results (Excel spreadsheet reports customized for each
program/provider, based on current contract Scope of Service)—due monthly by the 15th of each
month for the previous month.
• Quarterly Program Narrative Report (using standard Word document format provided by The
Children's Trust) captures a BRIEF report of successes, challenges and supports needed—due
quarterly by the 15th of the month following the end of the quarter.
SCHEDULE OF REPORTS DEADLINES
Required Report
Reporting
Due Date
Frequency
Outcomes Measurement and Results
Monthly
By 15th of each month for the previous month
(Excel)
Data Tracker Electronic Reporting of
Monthly
Demographics, Attendance, and other
By 15th of each month for the previous month
outputs
Quarterly Program Narrative Report
Quarterly
For August, September and October -
(Word)
DUE (insert date)
For November, December and January -
DUE (insert date)
For February, March and April -
DUE (insert date)
For May, June and July -
DUE (insert date)
The provider shall create and/or update annually their agency and program profiles and site(s) information in
the Community Resource Directory maintained by Switchboard of Miami to facilitate referrals to Children's
Trust -funded services. Provider shall maintain accurate information including adding or deleting sites.
Evidence that the profile(s) have been created or updated must be provided to the Contract Manager within
30 days of execution of this contract.
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Contract #XXX -XXX, Resolution 20OX-XXX
Attachment D
Program Specific Audit Requirements
The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) as follows:
• Submission of: (a) schedule of total expenditures, reflecting expenditures during the audit period for
each The Children's Trust contract by contract number, (b) if applicable, audit of attendance or
payment as specified in Attachment B; (c) summary of schedule of prior audit findings, (d) disclosure
of any significant finding(s) relating to The Children's Trust contract(s), (e) disclosure of all questioned
costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and
(f) a recommendation for a corrective action plan on any finding;
• Report whether the schedule of expenditure(s) is fairly stated;
• Provide notes to the schedule of expenditures that describe the significant accounting policies used in
preparing the schedule;
• Report whether contractual matching requirements were met, if applicable;
• Report whether the provider has internal controls in place to provide reasonable assurance of
compliance with The Children's Trust applicable contractual requirements and on the reliability of
financial operations.
• The auditor must include in their testing: testing of the budget versus the actual expenditure, double
billing i.e. billing under The Children's Trust contract the same expenditure that is billed under another
contract and/or revenue source, testing for the supplanting of funds, testing of match requirements, if
applicable, and testing of attendance or other unit if the method of payment is other than a cost
reimbursement payment method.
The auditor's report(s) as to the program specific audit shall state that the audit was conducted in
accordance with the program specific audit requirements listed in The Children's Trust contract and include
the following:
An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the provider is presented
fairly in all material respects in conformity with the stated accounting policies;
An opinion (or disclaimer of opinion) as to whether the schedule of expenditures is presented fairly in all
material respects in conformity with the stated accounting policies;
A report on internal control related to The Children's Trust contract, which shall describe the scope of
testing of internal control and the results of the tests;
A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee
complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could
have a direct and material effect on the program; and
A schedule of findings and questioned costs for The Children's Trust contract that includes a summary of
the auditor's results relative to The Children's Trust and findings and questioned costs.
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Contract #XXX -XXX, Resolution 200X -XXX
ATTACHMENT E
Affidavit for Level 2 Background Screenings
Affidavit Affirming Compliance with
Background Screening for Provider Personnel
and/or Volunteers, Subcontracted Personnel, as applicable
In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465
Florida Statutes, and pursuant to the requirements of Paragraph Q. Employee Background
Screening of this Contract, the undersigned affiant makes the following statement under
oath, 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.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared (CEO/Executive Director/HR Dirctor)
Authorized Provider Representative
of (AGENCY NAMES , who being by me first duly sworn, deposes and says:
Name of Contracted Provider
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.
Sworn to and subscribed before me at Miami -Dade County, Florida this day of ,
2009 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:
City of Miami Office of the Mayor Page 26 of 27
Contract #XXX -XXX, Resolution 20OX-XXX
Attachment F
Performance Improvement Plan
Contract No. XXX -XXX
Agency Name: XXX
Program Name: XXX
Performance Improvement Plan
By this attachment a performance improvement plan will remain a part of this contract until the
Provider has corrected all deficiencies, as solely determined by The Children's Trust.
Provider agrees that any findings, reports and underlying work papers will be subject to complete
review by The Children's Trust.
Provider agrees to comply with and implement the Performance Improvement deliverables as listed
below as part of a plan approved by The Children's Trust.
Failure of the Provider to comply with the Performance Improvement Plan as set forth in Resolution
#200X-xx will be a material breach of this contract as defined in Section I.
Performance Improvement Plan
City of Miami Office of the Mayor Page 27 of 27
Contract #XXX -XXX, Resolution 200X -XXX