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HomeMy WebLinkAboutExhibitCITY OF MIAMI NOTICE OF PUBLIC HEARING The Miami City Commission will hold a Public Hearing on September 23, 2010 at 9:00 AM to consider the award of contracts to the not-for-profit organizations listed below through pass-through funds from The Children's Trust, for the 2010-2011 contract period, for the provision of literacy instruction, teacher supervision, mentoring, family activities, community workshops and other such activities in conjunction with educational and parks services to be provided in conjunction with the following grant from The Children's Trust to the City, and to consider the City Manager's recommendations and findings that competitive negotiation methods are not practicable or advantageous regarding these issues: School Year Out of School Services, "Heart of Our Parks" Program -- Amigos Together for Kids, Inc., Arts for Learning/Miami, Inc., and Miami Dade Family Learning Partnership, Inc. Inquiries regarding this notice may be addressed to Allan Santiago, City of Miami Department of Parks & Recreation, at (305) 416-1305. This action is being considered pursuant to Section 18-86(a)(3)(c) (services related to educational services and activities provided by non-profit organizations within City parks) of the Code of the City of Miami, Florida, as amended (the "Code"). The recommendations and findings to be considered in this matter are set forth in the proposed resolution and in Code Section 18-86(a)(3)(c), which are deemed to be incorporated by reference herein and are available as with the regularly scheduled City Commission meeting of September 23, 2010 at Miami City Hail, 3500 Pan American Drive, Miami, Florida. All interested individuals are invited to attend this hearing and may comment on the proposed issue. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which an appeal may be based. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5360 (Voice) no later than two (2) business days prior to the proceeding or at (305) 250-5472 (TTY) no later than three (3) business days prior to the proceeding. (City Seal) Priscilla A. Thompson, CMC City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Carlos Migoya, City Manager i FRO : Ernest Burkeen, Director Department of Parks & Recreation DATE: September 10, 2010 FILE: SUBJECT: Waiving Competitive Negotiation Methods --Heart of Our Parks Out of School Program REFERENCES: City Commission Meeting, September 23, 2010 ENCLOSURES: See Attached The Department of Parks & Recreation respectfully requests your approval and action of the Miami City Commission by a 4/5ths affirmative vote, after an advertised public hearing ratifying, approving and confirming the City Manager's recommendation, and finding that competitive negotiation methods are not practicable or advantageous regarding the agreement for educational and park services described below. The Department respectfully requests such recommendation, finding, and authorization in order to proceed with executing an agreement with Amigos Together for Kids, Inc. to award funds in an amount not to exceed $82,500.00, to operate the Out of School Program at Jose Marti Park; Miami Dade Family Learning Partnership, Inc. in an amount not to exceed $84, 742.12 to provide the reading curriculum and educational training to staff; and Arts for Learning/Miami, Inc. in an amount not to exceed $48,620.80 to provide arts instruction as a part of the Heart of Our Parks Out of School Program funded by the Childrens Trust for the 2010-2011 school year. Recommendations for the aforementioned organizations are as follows: Amigos Together for Kids, Inc. has provided program management that includes designing and implementing a quality after-school program at Jose Marti Park for over five years, providing program staff to organize and conduct educational, family and community events at Jose Marti Park. Miami Dade Family Learning Partnership, Inc. provides program management that includes designing, monitoring and evaluating literacy curriculum using the NSACA standards for quality of School -Aged Care, working with other collaborative partners to develop themes and incorporate multi -sensory learning activities designed to augment the academic and social needs of the students. Arts for Learning/Miami, Inc. provides Resident Artists at West End Park, Shenandoah Park, African Square Park and Juan Pablo Duarte to teach thematic classes designed to help students practice their communication skills, improve visual literacy as well as develop their cognitive and physical functioning. Arts instruction broadens children's horizons by providing positive outlets and building new skills. For the reasons stated above, as required by Section 18-86(3) (C) of the Code of the City of Miami, the Department of Parks and Recreation (1) recommends the execution of agreements with Amigos Together for Kids, Inc., Miami Dade Family Learning Partnership, Inc., and Arts for Learning/Miami, Inc. for the 2010-2011 contract year, which are all qualified and have been providing said services described for several years, and (2) finds that competitive negotiation methods are not practicable or advantageous for the provision of the aforementioned after- school programming services. If these recommendations and findings meet with your approval, please indicate by signing below. This legislation item will be placed on the agenda for September 23, 2010 City Commission meeting. Approval isapproval: Date: a Sec. 18-86. - Competitive negotiations/competitive sealed proposals. (a) Conditions for use. (1) (2) Competitive negotiations/competitive sealed proposals shall be used in those circumstances in which it is both practicable and advantageous for the city to consider a range of competing plans, specifications, standards, terms and conditions so that adequate competition will result and award be made not principally on the basis of price, but to the respondent whose proposal contains the most advantageous combination of price, quality or other features. All contracts shall be signed by the city manager. A contract may be entered into by use of the competitive negotiation/competitive sealed proposal methods when: a. The chief procurement officer determines that the complex specialized nature or technical details of a particular procurement make the use of competitive sealed bidding either not practicable or reasonable, or not advantageous to the city; or b. Specifications or scope of work cannot be fairly or objectively prepared so as to permit competition in the invitation for bids; or C. re Technology, electronic, software, and system applications are available from a limited number of sources; or Qualifications and the quality of the service to be delivered can be considered more important than price. (3) Competitive negotiations/competitive sealed proposals shall be used in the procurement of personal and professional services except for: a. Professional services as defined in Florida Statute § 287.055, as amended from time to time. b. Legal services. Services related to the cultural, educational, recreational or park activities provided by non-profit organizations within city parks. These services may be awarded without competitive negotiations if the city manager makes a written finding, supported by reasons, to the city commission that competitive negotiation methods are not practicable or advantageous. Such finding must be ratified and the award approved by an affirmative vote of four-fifths of the commission after a properly advertised public hearing. 9 Maintenance agreements to support proprietary software applications. (b) Competitive negotiations method. Where the contract does not exceed $50,000.00, at least three written proposals shall be sought and the city shall enter into competitive negotiations to determine which proposal is most advantageous to the city. The written proposals received and the results of the evaluation shall be maintained as a public record. The contract may be awarded by the city manager upon certification of compliance with competitive negotiations method by the chief procurement officer. The city manager (c) shall submit to the city commission on a monthly basis a list of contracts awarded by the city manager. Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city may utilize the following competitive sealed proposal method: (1) Request for proposals or request for letters of interest or request for qualifications setting forth the terms and conditions of the professional or personal services sought, including but not limited to, scope of work and evaluation factors, shall be issued. (2) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to section 18-85 (competitive sealed bidding). (3) Public notice. Adequate public notice in a newspaper of general circulation shall be provided pursuant to section 18-85. (4) Pre -proposal conference. A pre -proposal conference may be conducted to explain the requirements of the proposed procurement and shall be announced to all prospective proposers known to have received an RFP, RFLI, or RFQ. Conferences should be held long enough after the RFP, RFLI, or RFQ has been issued to allow prospective proposers to become familiar with the proposed procurement, but sufficiently before receipt of proposal to allow consideration of the conference results in preparing their proposals. Nothing stated at a pre - proposal conference shall change the RFP, RFLI, or RFQ unless a change is made by written addendum, which shall be supplied to all those prospective proposers known to have received an RFP, RFLI, or RFQ. All pre -proposal conferences shall be recorded, and, if a transcript is made, such transcript shall be a public record. (5) Receipt of proposals. Sealed.proposals must be received by the city clerk no later than the time and date specified for submission in the request for proposals or request for letters of interest or requests for qualifications. The name of each proposer shall be recorded by the city clerk or its designee, and the record and each proposal, to the extent consistent with applicable state law, shall be open to -- . public inspection. (6) Proposal evaluation. An evaluation committee shall be appointed by the city manager for the purpose of evaluating proposals based upon the criteria contained in the RFP, RFLI or RFQ. No other factors or criteria shall be used in the evaluation. As may be provided in the RFP, RFLI or RFQ, proposers may be invited to make oral presentations regarding their Proposals. The recommendations of the evaluation committee shall be submitted to the city manager. in the event only one proposal is received, the evaluation committee may proceed with the evaluation, or request the city manager to reject all proposals, whichever is in the best interests of the city. a. After reviewing the evaluation committee's recommendation, the city manager may: 1. Approve the recommendation of the evaluation committee, written notice of which shall be provided to all proposers, and the city manager shall then submit his or her recommendation to the city commission; 3. 4. (7) f01 Reject the evaluation committee's recommendation and instruct the evaluation committee to re-evaluate and make further recommendations; Reject all proposals; or Recommend that the city commission reject all proposals. Award. Award shall be made to the responsive and responsible proposer whose proposal is most advantageous to the city as determined by the city commission in accordance with the evaluation criteria contained in the RFP, RFLI or RFQ. After reviewing the city manager's recommendation, the city commission may: 1. Approve the city manager's recommendation and authorize contract negotiations; 2. 3. Reject all proposals; Reject all proposals and instruct the city manager to reissue a solicitation; or 4. Reject all proposals and instruct the city manager to enter into competitive negotiations with at least three individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the city commission. The decision of the city commission shall be final. Written notice of the award shall be given to the successful proposer. Threshold amounts referenced herein shall include the values associated with potential options of renewal. Awards made by the city manager or by the city commission shall include authority for all subsequent options of renewal, if any. The aforementioned options of renewal shall be exercisable at the option of the city manager if, after review of past performance under the contract, the city manager determines in his/her sole discretion that exercise of the option of renewal is in the best interest of the city. (Ord. No. 12279, § 2, 8.22-62) officers/Executive Committee Maria A. Alonso Chair Chet ). Zerfin Vice Chair Dr. Josee Gregoire Secretary Hon. Isaac Salver, 'Treasurer Isabel Afanador, Chair Program Services Dr, Rosa Martin, Chair Childhood Health and Development Dr. Gina Cortes -Suarez, Chair Human Resources Hon. Barbara Jordan, At -Large Dr. Miguel Balsera, At -Larne David Williams Jr., At -Large The Board of Directors Yvette Aleman Karen Aronovlit< Donald I. Bierman Khadijat, Brydson George M. burgess Alberto M. Carvalho Jacqui Colyer Bili Diggs Carolyn. Donaldson Dr. Thresia 6. Gambon _ Luis A. Gazitua Benjamin F. Gilbert, Jr. Dr. [`Dora Hernandez-Hendri, — Antoinette )G Hill Dr, Silvia La Villa Dr. Martin Earp Pamela Lillard Carolyn Y. Nelson-Goedert Dr. William E. Pelham Hon. Orlando A. Prescott --Dr:-1-saac-Prilleltensky --- Rep. Julio Robaina Evelio Torres Juni 2E, 2010 Carlos Migoya City Manager City of Miami ' 3500 Pan American Drive I•Viiaml, Florida 33130 PE: Clut-of-School Contract 1010-i44; Park and Recreation Department Dear Mr. Migoya The .Children's Trust is issuing this Service Authorization :to permit City .of Miami Park and Recreation . Department to provide after-school services beginning August 1, 2010. This service authorization will expire on September 6, 2010 .or when the contract is executed, whichever occurs first. If we had more time we wouldn't need Service Authorization letters, but contracts .often take longer'.to negotiate than we'd like, given that providers are busy operating programs and -_ Trust staff .is.performing many other duties. The 11""1'2010-2011 contract will be .for the service period August 1, 2010 to July _ 31, 2011. Please submit all documents requested by the dates established by your Contras Manager in order to execute the contract by not later.than August 6, 2010, in the unusual circumstance that the contract is .not executed by August 6, 2010, then The Children's Trust will cease payment on this contract, but will expect that performance/services will continue until September 6, 2010 during which you agree in advance to meet with me or my designee, in order to execute the .contract, If we can't .get this done, .then we mutually agree now to terminate our business relationship on September 6, 2.010, and The Children's Trust will pay - for all services properly invoiced and rendered during that period. I hope that nothing of this sort -will happen, but i am insistent.that both staff and providers know how critical it is to get annual contracts executed to avoid operating on service authorizations. During the period of time covered by this Service Authorization letter, City of Iviiami Park and Recreation Department must comply with all requirements in the core contract and all relevant attachments as emailed to your agency and/or available on The Children's Trust's website (.www.thechildrenstrust.org); provide ------program activities in -accordance -with -your -draft Scope of Ser -vices; -and -complete - all outcome assessments and satisfaction surveys, and submit all reports and data according to .the contract requirements and due dates. David Lawrence Jr. Additionally, commencing August 1, 2010, City of Miami Park and Recreation Founding Chair Department is authorized to incur allowable expenses up to the funding award of Modesto E. Abet), $465,962.00 in accordtince with the line item categories, justifications and President &. CEO calculations that are reflected in the approved preliminary budget until such time that the contract budget has been finalized. The final negotiated contract amount County Attomey's Office ------ ---may -be-less -than -or .equal to the -funding_award-referenced. Nevertheless,-:.yo.ur.-- Legal Counsel agency shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed. ---------------------- --- 3150 SW 3rtl Avenue, F" Floor, Miami, Florida 33129 - Tel: 305-57i-5700 / Fax: 305-657-9592 M W+v.thechifdrenstrust.oro Cite of Miami Part, and Recreation Department Service Authorization Page 2 - The request for payment is always 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 in which case the due date is the next available business day). The Children's Trust agrees to reimburse your agency on a monthly billing basis. Please sign and return this Service Authorization within ten days. If you have any questions about the contract -process, please contact your Contract Manager, Patricia Leal via email at patricia@thechildrenstrust.org or by telephone to (305) .571-5700. We tool: forward to our continued relationship with you, working on behalf of the children and families of Miami -Dade County, SinOerely 'i �JModesto E. abety 'President/CEO I agree to the terms and conditions described in this Service Authorization. Signature of authorized Representative Date cc- Contract file —7—o—, Print Name 3150 SVSG Y' Avenue, 8" Floor, Miami, Florida 33129 • Tel: 305-571-5700 / Fax: 305-857-9592• www.thechildrenstrust.org FY 2010-2011 CONTRACT NO. 1010-144 BETWEEN THE CHILDREN'STRUST AND CITY OF MIAMI 'FOR -[O-DS, -PP, -SPP, -etc.] THIS CONTRACT (hereinafter "Contract") , between The Children's Trust whose address is 5150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and City of Miami, a Florida municipal corporation hereafter "Provider" whose address is City Hall 5500 Pan American Drive, Miami, Florida 3J153 states the conditions and covenants for the rendering of services to children and families for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1 2010 through )ul v 31 2011, 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 with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. 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, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion, 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Contract before the contract term expires, C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, 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 TrusLand Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used —._exclusively b� Provider 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 5465.962.DDD, 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--Dther Fiscal ._Requirements, Budget and Method of Payment outlined in Attachment B to this Contract. City of Kami Page 1 of 29 r-nntrart vxx-x>:rx. Resolution 4`2010-x>: E. 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 clairn is denied by The Children's Trust, from any other agency. Any clairn 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 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. A violation of this section by Provider 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 6971-73.001, and is defined as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in this Contract (see Section K. Insurance). 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 capita! 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 unless it is fully depreciated. 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. • Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within five (5) business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust of the capital equipment. 4, Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate 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 thirt301 days of its execution. All sub -contractors of Provider must agree to be monitored by Provider and/or on behalf of The Children's Trust in the same manner as Provider under the terms of this Contract. Provider •acknowledges and agrees that The Children's Trust and any --subcontractor-•to--this--Contract... have --authority to -communicate--and--exchange--information---about--contract program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any ---= such=communications,= - --—_._.—.----.-._-.-.-----._ Provider shall be responsible for all Services performed, and ail expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors, The Children's Trust shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract, and Provider shall be solely liable under any subcontract. Subject to the limitations and sovereign immunity provisions of Florida Statutes Section -718-28,._Providershall hold harmless and defend, at..Provider's expense,.The-Ch iIdren's_Trust against an -y_ claims, demands or actions related to any subcontract. The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The --Chi!dreri's Trust--with--notificcation-to--th-e -Provider. All-payments-to-any-contracted-s-ubcontractor-shall-be -paid __directl_y by _Provider to the subcontractor. 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_ City of Miami Contract ;#YXX->,xY>;, Pesolution #2010-xx Page 2 of 29 Provider and any SubcOntraCior must be currently qualified to do business in the State of Florida at the time that a subcontractor agreement is entered into and Services are rendered. S. Religious Purposes Providers and/or their -faith-based community partners -shall -nct-use-any -funds-provided-under this -Contract -to ----- support any inherently religious activities, including but riot limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7., Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. F, INDEMNIFICATIDN 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. CCIPYRIGHTS 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 ani, 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 Children's Trust and others acting on behalf of The Children's Trust to have reasonable -use cfThe same-consistentwith-the-purposes and -terms -of -this -Contract,- at-no-cost-to=Fhe-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 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, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing -fees -if -intellectual property -owned -by -other parties as ancor-porated -by.P.rovld.er..into-the services required ___ under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable forihe�hild�eri s—Trust uriaer Tla.-Stat.�Sectiori�68'?8�ndrto the��tent�prmitted`byantjnvithin the limitations-of.FJ.a 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 City of Miami Page 3 of 29 ­y-vyvx RaGnlutinn t2010-xx intellectual property owneo by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. _ I. BREACH DF CDNTRACT AND REMEDIES - --- ----__ _ .___ __---_ 1. Breach F, material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; C. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance or self insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract within a specified reasonable time; 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 within a specified reasonable time; h. Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services in this Contract; i. Refuses to allow The Childrer'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 within a specified reasonable time; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a 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 Children's Trust or any of its agencies within a specified reasonable time; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; D. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract within a specified reasonable time; 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. Any such waiver by The Children's Trust shall be provided in writing to Provider, 2, Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: -a--The-Children's Trust -may, -at -its -sole discretion, enter into -a -written--performance--improvement-plan-with---- Provider to cure any breach of this Contract as may be permissible under state or federal law, (Attachment F ' -applicable)--ftmy­such-rem edial=plan-shall -be -an -addition=to_th.is ContcasLa.r�d�.hal.l�ot fT��t_ or void -- void or voidable any other provision contained in this Contract, costs, or ani, judgments entered by a court of appropriate jurisdiction. b. The Children's Trust rhay suspend payment in whole or in part under this 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 or" suspension, .On _the -effective-date �.r"sIJSPeDsiDrJ_P-ro-v.i>dsr..ma.y-(but_. shall not be obligated to) continue to perform the Services in this Contract, but 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 Provider as of the date of suspension shall cease, except that The Children's Trust shall confi"nue-tb -reviein, and pay vefil=iatile requests-for-payment-for-Services-tha-t-ware -pe rforme-d-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 t e -actions -t at must --e taken by -Provider-as -condirion.(s)_precedent_to_ resum�tion_of- any_ payments and City of Miami Page 4 of 29 shall specify a reasonable date for Provider's 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 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 -Children -'s 'Trust .shall -corntinue--to--review-a-nd -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 reasonable direct and indirect costs of The Children's Trust associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5)business days before the effective date of termination. In the event of such termination, The Children's Trust may .(a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and .secured by Provider with Trust funds under this 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 Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which much be at least five (5) business days before the effective date of 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 reasonable direct and indirect costs associated with such termination, including reasonable attorney's Tees. d. The Children's Trust may seek enforcement of this Contract against Provider including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for reasonable direct and indirect costs associated with such enforcement against Provider, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including reasonable direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including ani, final settlement or judgment. e. The provisions of this Paragraph 1 shall survive the expiration or termination of this Contract. .J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Provider shall have Provider's insurance agent(s) provide to The Children's Trust within 30 days of contract execution, Certificates of Insurance or, if applicable, 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 �eduireij "bi�loriaa "law Tdr-governmenf"entities- Provider must -comp y wit r -t is-. requirement,- failure' -to comply-- - is a material breach of this Contract. 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 and effect for the term of this Contract. The Children's Trust will not disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance or letter of self-insurance and The Children's Trust has approved such documents. Provider shall require its sub -contractors to carry insurance coverage (s) as outlined below: _._.1.—W-orkers._C.om.pensation.Insurance_covering all-employeesof the subcontractor, 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 Children's Trust and the City of Miami, and provide the necessary certificate of insurance or other -" City -of Miami Contract �IXXX->xxx, Resolution -t2010-xx Page 5 of 29 evidence of coverage upon the termination of the exemption, as applicable. The employer's liability portion will be 5500, 000/$500,000/.7.500,000 as a minimum. 2. Commercial General Liability with limit., of at least $500,000 per occurrence, $1,000,000 policy aggregate with a maximurn deductible of $1,000 per occurrence. The policy must include coverage 'for -premises --and operations liability, contingent and contractual exposures, products and completed operations, personal and advertising liability and sexual abuse and molestation, if applicable. The Children's Trust and the City of Miami must be designated and shown on the certificate of insurance as an "Additional Insured as Their Interest May Appear" with respects to this coverage. .3. Automobile liability coverage for all owned, hired, non owned and leased vehicles of Provider, and any transportation companies hired for transporting program participants. The amount of coverage is _$1,000,000 combined single limit per accident for bodily injury and property damage. The Children's Trust and 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. 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. If applicable for Services under this Contract, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for commercial general liability and The Children's Trust and 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. 5. If applicable for Services under this Contract, 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 policy aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust and the City of Miami should be listed as certificate holder, but 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 The Children's Trust, or the City of Miami, and said capital equipment is under the care custody and control of Provider. The Children's Trust and City of Miami must be shown on the evidence of property coverage as a Loss Payee, as applicable. Property coverage shall survive the expiration or termination of this Contra_ until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 5W 3rd Avenue, Sth Floor ---- Miami., -Florida 33129 - - -- ----- =-�{assification-an'd'Ratin — ----- 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 "A-" 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, .Cildw.ick, -New Jersey-, -or its -equivalent, subject. -to theseasonable .a.ppFDvsl Df -- The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust and City of in writing, oT any canceglatioii—bT-mater"ial' changes iri-insurance-coverage in-accordance-to-poli-cy-provisions--Provider-shail be responsible -for -ensuring that all applicable -insurances are maintained and -submitted to The Children's Trust for the duration of this Contract. City of hiami Page 6 of 29 In the event of an), 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 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 or coverage(s), as applicable, is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from Provider until a new Certificate of Insurance or other evidence of coverage(s) required under this section is submitted and approved by The Children's Trust. The new insurance policy or other evidence of coverage(s) shall cover the time period commencing from the date of cancellation of the prior insurance policy or other evidence of prior coverage(s). 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 requirements. Provision of insurance or other evidence of coverage(s) 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 by Provider under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. L. PROOF DF TAX STATUS Provider is required to keep on rile the following documentation for review by The Children's Trust. If required as applicable to Provider, the Internal Revenue Service (I.F,.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 Provider's fiscal year end or other appropriate filing period permitted by law; • if required by applicable law to be filed by Provider, IRS 941 - quarterly federal tax return reports within thirty-five (35) calendar days after the quaver ends and if applicable, state and federal unemployment tax filings and it the 941 and unemployment tar, filings reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends, M. NOT_TCE'S Written notices pursuant to this Contract shall be sent tc the addresses 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/CEEO. Notices to Provider shall be marked to the attention of the City Manager. It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under this Contract; mailing address, and/or telephone number, N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. D. RECDRDS, REPDRTS, AUDITS AND MONITORING = i,he-provisions-of-this-sectio•n-shalt-survive-the--expiration-or-terminat-ion-of-this-Contract-,consiste.nt-with-Florida laws. 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 (5) years beyond the last date that all applicable terms --- -of-this-Contract have -been .tom.phed-with -and -final -payment-.has-been.-received and.appropriate audits -have -.been -.__.._t submitted to and accepted by the appropriate entity. However, if any audit, claim, litigation, negotiation or other action involving Provider under this Contract or modification hereto has commenced before the expiration of the retention period, the records regarding Provider shall be retained until completion of the action and resolution of alli5sues which arisF from -it -or -until -the end o -the -regular-retention-periorl,--,A*hi,heverds-iater. City of Miami Contract tXXX.-xxx>c, Resolution 42010-xx Page 7 of 29 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 that 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 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 Provider's 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 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 OME, Circular A-153, 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. 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, Provider agrees to have a program -specific audit relating to The Children's Trust contract(s), in addition to the annual financial audit. 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 will be exempt from the program -specific audit requirement in the fiscal year that the audit threshold is not met, 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 Provider. A copy of the engagement letter, along with the audit completion date and any concerns from the auditing firm in relation to the audit, must accompany the request Approved extension requests allow for the continuation of payment until such time that the extension expires, The financial audit and other financial information will be used in the evaluation of Provider's performance and Provider's overall fiscal health. .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-pr-ogr-am--vv.high-is-th.esubject.-o.f-lhis-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 _._._.o,monitoring findings will be delivered- to Provider and Provider will rectify all deficiencies cited_ within the period_ Di time specified in the report, 5. Client Records Pursuant --to -,Florida-statute 11-9:071-( )-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); _O_ to identify and match City of Wiiami Page 8 of 29 individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall -maintain a- separate file for -each child/family served. This file shall include all pertinent information regarding-- program enrollment -and- participation. At -a -minimum -the-file—will--contain -enrollment--information (including parent registration consents and child demographics), service plans (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 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. .5. -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, 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 Contract; all upon request by 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 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 pe ormance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully 1 -mown .to the receiving part' before receipt from the other, (b) is or becomes a matter of public knowledge through no fault dr" 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. Provider shall specifically require all sub -contractors to comply with this paragraph. S. 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 from Provider for non-compliance by Provider of Provider's compliance with contractual terms. The Children's Trust will provide payment upon satisfactory compliance by Provider of the contractual terms for which Provider is responsible as solely -_.----determined--by-The_LhiJtl.r.$n�s TJust, The_.Children's.Trust., in its sole discretion,_ may determine_ to withhold payments to Provider for any particular subcontractor for such subcontractor's non-compliance with contractual' terms. 7 _-MDI)IFICATION S 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 City of Miami Contract t>o:X-xrxx, Resolution -t2010-xx — ....__. Page 9 of 29------ approved and signed by both Parties. Pursuant to City Commission Resolution No. adopted 2010, the City Manager is Provider's authorized representative for approving and executing alterations, variations, modifications, extensions or waivers of the provisions of this Contract including but not limited to amount payable and effective terra. Q. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laves 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. R. BACKKGRDUND SCREENING In accordance with Sections 943.0542, 954.01, 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 (Volunteer &. Employee Criminal History System) 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. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings" each for. contract term. The Affidavit will cover employees, volunteers, or subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Leve; 2 Background Screenings" in Provider's personnel, volunteers, and/or sub -contractors files. An Attestation or Affidavit of Good Moral Character, as applicable, must be completed annually for each employee, volunteer, and subcontracted personnel who work in direct contact with children. Provider shall re- screen each employee, volunteer and/or subcontractor every five years. S. 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 mtist 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 Pr(Dvider-shall-not-discr-irninate-against-an=employee,_-volun.Leer,_o.r_cli.ent-D.f_P_rDvid.er�c)o the b-asis_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 --.----th-at=r-esppsts::th-e-�vDrth-z)f-th-e-cin-divrdlial�n-d protects 3rn1:prp-sEr_ves7-thL---.3Jignit-y--of-people--of-diverse--cultures.,___ classes, races, religions, sexual orientations, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as, amended, which prolTib-its-discrimination-in employment,' -housing and -po'bli-c-accornm7Ddatio-ns;Title-VII-ofthe-C-ivil-Rigbts H-ct-of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6201, 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 City of Miami --- -- Page 10 of 79 --- -"— -- Contract LXXX-xxxx, Resolution #2010-xx 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 an), -portion of -this -Contract If -Provider -or -any owner, subsidiary, -or ----- - other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133', Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list .following -a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform wort: 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 287.077, 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.ciov/ethics/library/Ethics-Brochure-2O05.odf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. 4. Compliance with Sarbanes-Oxley Act of 2D02 Provider shall comply with the following provisions of the Sarbanes-Dxley 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. 5. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all applicable licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, relevant to municipalities, The Children's Trust or the federal government, Provider must be qualified and registered to do business in the State of Florida both prior to and during the -contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury -- of a participant;7nissing child-orabandoned-child, loss of -property -use -for the program, -or destruction-ofproperty - 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 (I- 800 -96 -ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. dersha 11 _nDtify. The_Chi.ldr-en�s---TTuszs -�as_defi-neti_withinrthree_(3)_business- 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-themotice)--- (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident City of Miami _ Contract #XXX -x>=, Resolution -t2010-xx — Page 11--- (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days business of the incident. -Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is-fileti-asa-resuit-of -such alleged incident. - 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business .days, Df .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 and their respective 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. CDNISENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and tc 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, 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. PROGP.AMMATIC DATA PEPDR71NG 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- ,-i, 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 Contract -shall--recognize The-Children'-sTrust.-- as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its - ----control-r-ecogniz-e The-Chiidren'sTr-ust-for-the support-of_all-co.ntraeteza.ctivities. The--use-.oftheofficial_Children's= Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with 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 lint: between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to include in all of its subcontracts provisions similar to the following provisions of this Section X for compliance jsubcontractors--"------- Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed by Provider 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 City of Miami PaQe 12 of-29 Contract #X>,X-xn:):, Resolution -#2010-rx 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 e>ctent permitted -by the applicable journal or other -publication source, Provider shall -include The Children's Trust logo and the "following paragraph in all materials -of -Provider-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: ublic_English: City of Miami and P.rogr.am°'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 Ines of children and families in Miami -Dade County. Espanol: City of Miami and Program_'N:arme esto financiado=por EI Fidecomiso de los Ninos (The Children's Trust). EI Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y familial en el Condado de Miami -Dade. Kreyol : City of Miami and .P_rogra-rin Narne finanse=pa 'The Children's Trust". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byes nan pwogram kap ameliore la Vi Ti Mloun ak fanmi yo nan Iviyami Dade. 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 (organi_ation) is funded in part by The Children's Trust..." 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 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 - - -- - — _. City of Miami - `- Page 13 of -29 - -- -- Contract #XXX-xyxx, Resolution 12010-xx Z. TD T ALITY OF CON17RACT/SEVERAEILI7Y OF PP.OVISIONS 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 Iviethod of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Pe-Formance Improvement Plan, 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. CITE' DF MIAMI, a Florida municipal corporation THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA Provider Federal ID# By: B)': Carlos Migoya, City Manager Modesto E. Abety President/CEO Attest: By: Priscilla A. Thompson, City Clerk Date: Approved as to Form and Correctness: By: Julie D. Bru, City Attorney Date: Approved as to form and legal sufficiency By: County Attorney .Date: Approved as to Insurance Requirements: By: Gary Reshefsky, interim Acting Director of Risk Management Date: This Contract is not valid until signed by both parties — City of Miami Page 114 of 29 _ ..�,�ni n_.. ATTACH M ENT A: Scope of Services — _ —_-- -- —_ . . __. _ _____ _. __ Page 15 -of 29 City C)f Miami Contract ; >0:> xxxx, Resolution # 2010 XX Attachment A Initiative: Agency name: Contract No. -Program name: _ 1. Description of Services (Limit to 1D0 words); 2. Target Population or Participants (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): Description of participants to oe served: 3, Service Locations: City of Miami - - - - -.. - - -= page -1-6 of29 ._.._.._— — Contract >;3:);->;>;>:>:, Resolution 4'2010-xx 4. Performance Measures: a. Quantity- 'Hove much will -we do?" TYPE I ACTIVITIES (3- or more contacts with participants) - TYPE 2 ACTIVITIES (less than 3 contacts with participants) TYPE 3 ACTIVITIES (Other deliverables that are not direct services) b. Quality -"How well will we do it?" In this section Provider must describe horn, quality of the program would be assessed. Some examples include: 1) procedures or measures to ensure fidelity to the curriculum and quality assurance; and 2) assessment of participants'satisfaction. City of Miami,--- - --- .. - - - - - -- -- - _. .Page 7 -of 2g r' , +r arr xxx-vvrr RPFn1lihon ;Q010 -X), c. Outcomes - Measuring "Ss anyone better off?" 'Please list the activity directly associated with the stated outcome (e.g. activity in v,,hich tool will be administered). S. Evidence -Based Programs (E9P) All strategies funded by The Children's Trust should deliver high quality, evidence -based practices that are strength -based, family centered, accessible, respectful of diversity and mindful of community Context and connections. Please list the evidence -based programs (if any) that are currently used during activities/service delivery (if none are being used, please marl; n/a in the table below). For information on what is an evidence -based program, or to ensure that the model to be used is an EBP, visit The Children's Trust 'website. ;� F ��Aetrv�ty,%5erv►ce'Narne , x� Evidence basetl,program ,: iDeS1,gR'aii7n., � I f i I I *Please list the name or the agency/organization that awaroeo the program evioence-oaseo latus (e.g. Deparment of Juvenile )ustice, Substance Abuse and Mental Health Services Administration, etc). 5. 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, All persons delivering the services described herein must be included in the Staffing Plan worksheet in the Budget (Attachment B). City of Miami -__ __ _ _---_ -Page-18 c)f 29 - rnntrart _XXX-xxxx. Resolution #2010-xy, ATTACHMENT 8: Dther-Fisca|-Paquirerncnts,*audg:mand -Method of P.a-yrnant - ---�-_- -----City brMia �r---'---''---------------- Contract #Xxx-xxxx'Resolution ;Vzozo'xx ATTACHMENTT E OTHER FI•SC4L REQUIREMENTS, BUDGET and METHOD OF PAYMENT A-dva-nce-aayment-requests The Children's Trust offers advance payments up to 150/0 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 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 -rust. 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 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. Provider must request a budget revision to add, delete, and/or modify any line item(s), Budget revisions cannot 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 revision requests must be submitted sixty (60) days prior to the expiration of Contract. 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; Provider shall be paid in accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided inhis Contract- " -"'--Invoice -Requirements 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 for payFn-e-nt-for--services=prouatle`d,--v,.drh-�,erf�r-med.—ter -- costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, 'Subcontractor Verification of Paymen" from subcontractors -of Provider must -be included if the -- - - - -P.equesf for Payment includes a request-fof reimbufsementin relationo a payrnehf— made to c subcontractor. These forms may be downloaded from The Trust's website. For the purpose of payment gage W of 29 Contract tXXY,-xxxx, Resolution ;:2010-xx 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 Contract. 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 _P_.r_ovider.-will -be _accepted .by The Children's _ Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding. 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 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. P,equests 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 o; 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 submi.Led and accepted by The Children's Trust. Supporting Documentation Requirements Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. 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 it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract, Such methodology shall be made available to The Children's Trust upon request. — _ -- City -Of IJiia—mi rnnfrarf #XXX-xxxx, Resolution. +2010-xx ATTACHMENT C: Programmatic Data and Reporting Requirements __ — -- ---City of Miami - Contract>;)J: >o:>o;, Resolution +2010-xx _ _. ---- ---- -- -Page 22 -of 29 — --- - ATTACHMENT C Program/Initiative Programmatic Performance and Data Reporting Requirements -Contract No. -name: Program name: — Provider shall submit to The Children's Trust individual participant demographics, attendance, and performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcomes data into The Children's Trust web -based reporting system (Data Tracker) and submission of narrative reports. Provider's use of Data Tracker requires mandatory training (provided by The Children's Trust) and a user login name. Minimun- .standards for performance are described in the sections below, The Children's Trust reserves the right to .evaluate provider performance against the minimum standards and reward providers exceeding those standards, and/or impose remedies on providers performing below the minimum standards. For mid and end of the year performance reviews Provider is awarded incremental credit for approaching the identified performance targets. ACTIVITIES Activities with 3 or more contacts with the same participant (Type 1). Provider will enter into Data Tracker: demoaraohics of individual participants within seven (7) days of program enrollment. Demographics shall be updated regularly when new information is collected (e.g., new address, grade level). ,activities with less than 3 contacts per participant (Type 2). Provider will enter into Data Tracker: Date(s) of event/activity, number of participants served by type (child, parent or other), and location(S) of event/activity (with address and zip code). P.E. RTICIPANTS Participants' demographics (including all the items noted below), shall be entered into The Trust's electronic web -based reporting system (Data Tracker) within seven (7) calendar days of each participant's first day of attendance. All demographic information shall be updated on an ongoing basis if and when new information is collected (i.e., neve address, grade level, school). -Demographic information required for CHILD/YOUTH participants with 3 or more contacts (Type 1 activities): 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 Other language(s) spoken (Spanish, Haitian Creole, Other) Child's Social Security # • Child's Miami -Dade County Public Schools ID Number - --- Current Grade Level Current School Name Does child have a Health Insurance? (yes/no) Does child have a Disability? (yes/no) �•__^Ifdisabl.ed w.hat_t..y.pe?_[AutismSpectrum.Disorders,_Chronic-Ived.ical-Condition,-Developmental—_ -_ Delay, Emotional and/or Behavioral Disorder-'Hea�ing-Impairrri-erit (or deaf) Zritellectual-Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, - -- - --- -Visual Impairment (or blind), Other] DD�umeRt-atlDn-Df-Disability-(-I.ndiu-id.ualize.d-Famil),Ser.-vjse-Plan-,lndivdtl.ual.ize.d-Edu.cation Plan Section 504 Plan; diagnosis from a medical doctor, state certified, registered, or licensed - --professional; and/or -disclosure by -a -parent/guardian)-; if child is noted as having a documented City of P/Hami _ --- --- - ----- - ---- Page 22 -of 29 -- -- Contract -#XXX.-xxxx, Resolution 42010-xx disability, a hare' copy of the selected documenration must be kept within the participant's file for monitoring purposes. • Is participant (information to be reported in the Quarterly Narrative Report): v P. child of a migrant farrn worker (i:e., parent/caregiver crossed county or state lines in-search-oftemporary or -seasonal farm -work -within the past 36 -months) D Involved .with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) C, Involved with the Delinquency System (e.g., D)), )uvenile Services Department, diversion/Civil Citation program) Children with Disabilities - The Children's Trust expects all program to serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the American Disabilities Act. Demographics required for PARENT/CAREGIVER and OTHER (e.g., community members, staff) participants with 3' or more contacts (Type 1 activities): Number of 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) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Participant's Highest Grade of School Completed P_R=QRMANCE MEASURES Recruitment / Attendance - How much are .,ou doing? • Attendance refers to the actual number of participants (with at least one day of attendance) in a program. Attendance cannot be entered for a given participant until their demographic information has been entered in Data Tracker, Contracted number of participants are expected to attend the minimum number of sessions established in Attachment A (Scope oi' Services). Mid -Year Review Expectation: For type 1 activities, recruitment must be 1000% of contracted participants, as stated in Attachment A, for year-round programs by the time of mid -year review, Programs offering services in cohorts will be evaluated based on the number of cohorts expecLeo to be completed at mid -point. Number of .cohorts, including estimated start and end dates of each, must be listed under the applicable activity in Attachment A. For type 2 activities, recruitment expectations will be based on the number of events to be completed by time of review. End of the Year Review Expectation: For all activities (type 1 and 2), regardless of program schedule (year-round vs. cohorts), 1009/o of the contracted number of participants to be served must be - -- - -served -by the -enri -of the -contract period. -- -------- -- — — - Retention / Dosage - Hove well are you doing? (for activities with 3 or more contacts with the same • Retention (also known as "Minimum Dosage") refers to the average number of sessions that participants have completed compared to the minimum number of sessions necessary to have an impact (as established in the Scope of Services).. All participants with at least one day of attendance are counted towards retention. • The Children's Trust recognizes that the number of participants served throughout the contract year may be higher than the contracted number -to be served, and that not all participants will complete- - *hP..total-n.umbPr�fsessiD.as_—___— __- _ --------- ------ Mid-Year Review Expectation: Year-round activities are reviewed -based on the average number of - sessions attended by the target number of participants compared to the minimum number of City of Miami - -- .. - - — -Page 24 of 29 --- (-.nntract #XXX-xxx),, Resolution #2010-xx sessions expected to be completed. The expected target is 500/r, CDMPJetIOrj of minimum number of sessions at mid -year. For programs with cohorts, the number of cohorts scheduled to be completed at mid -year is used to determine the expected number of participants meeting the minimurn number of sessions. The expected -target is 850/6 of minimum sessions -at -mid-year-for-the-target number of participants enrolled in completed cohort(s). - - --- -- End of the Year Review Expectation: Regardless of program schedule (year-round vs. cohorts), 859/c, of the contracted number of participants should have completed the minimum number of sessions. Utilization - How much are you doing? • Utilization refers to the number of participant -days "Actual" utilization calculates the sum of the total number of days attended by all participants (with at least 7 day of attendance). "Proposed" utilization is based on the total number of proposed participants to be served by the total number of proposed sessions. The actual utilization during the selected time frame is then divided by the proposed utilization to calculate the Dverall Utilization. Mid -Year Review Expectations: 50% of the overall utilization across activities is expected. Type 1 activities are also weighted heavier than type 2 activities due to intensity of services (70/30 split). No points are awarded if the percent achieved is less than 30% of the target. • End of the Year Review Expectations: The Children's Trust requires a 10011/o overall utilization achieved by the end of the contract year to be in compliance. No points are awarded if the percent achieved is less than 60% of the target. Outcomes - Is arrvone better off? Successful performance measures achievement facilitates changes in program practices and participants' benefits. The Children's Trust expects all participants with at least one day of attendance to be pre- tested; those completing the required minimum dosage should also be post -tested. Matched Sets Compliance • Matched sets refer to those participants with at least 2 assessments, it could be a pre and post test, or any assessments administered at 2 separate time periods. MId=Year-Review Expectations: -For year-round programs, the number of participants receiving pre-tests must be equal to or within an acceptable range (target of 85010) of the number of participants enrolled during the review period as per Data Tracker (activities under review will be those associated with specific performance measures as per Attachment A). Programs utilizing cohorts should have match sets (both a pre and a post-test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. End of the Year P,eview Eroectations: All programs should have match sets (both a pre and a post-test for a given participant) for at least 859/a of those participants meeting the minimum --------------dosag.e_at.mid-year---------------- - _____ —--------------_.._.._. Providers are expected to meet the performance measures as stated in Attachment A (Scope of ----- Services). Data for all participants with match sets will contribute towards performance goals. hid and End of the Year Exoectations: The Children's Trust expects at least 950/c, achievement. That is, provider should be no less than 5% below the performance measure target percentage. No points _ ---are=awarded=rf_the-percent-achieve-d-is =less thanIDJ%o_cfthP-targ.t. — -- — QUARTERLY -PROGRAM NARRATIVE REPORT _.. The .Program Narrative Report captures a brief report of the program's successes challenges—ana - - support -needed on a -quarterly basis (four -reports total over the .contract period). A_ standard Word document format will be provided and is available for download on The Children's Trust website. City of Miami -- _ _- _. ____...---------Page 25 of 29 - -- -- ---- Contract LXXX-xrxx, Resolution 42010-xx TRAIN'TNG AND QUALITY IMPROVEMENT The Children's Trust offers a variety of trainings on important topics to improve service delivery and contract compliance, enhance administrative capacity, and support program and employee development. Provider is required to ensure attendance by appropriate agency arid/or program staff at the following trainings annually: IJew and Renewal Contract Development and Contract 1,4anagement trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the year. All Children 7ooether (ACT) Resource Network (httu:Ilccdh,orQ/act/about act/). The Children's Trust requires that providers offering intensive services to children attend trainings, as offered, to educate them about the inclusion o` children with disabilities. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of all participating children. The All Children Together (ACT)" Resource Network is a resource available to Provider for technical assistance, mentoring, training and consultation regarding provision of services to children with disabilities. REPOR I-ING SUBMISSION AND DATA ENTP.Y Participant attendance for a given month shall be entered into Data Tracker by the fifteenth (15tH) of the following month, exclusive of legal holidays or weekends, All Outcomes Reports shall be submitted to The Children's Trust monthly by the 15th of each month for the previous month. Narrative reports shall be submitted quarterly to The Children's Trust 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 I cn (electronic submission in Data Tracker) B)' 15 o each month for the previous month Demographics, Attendance, and other Monthly quantity data (electronic submission in I By 15tH of each month for the previous month Data Tracker) Quarterly Program Narrative Report Quarterly For August, September and October - j (Word) DUE NDVEMBEit 15, 2010 For November, December and January - DUE FEBRUAP.Y 15, 2011 For February, Murch and April - - — --- - --i --- DllE-MAY -16_2D.11x----- For May, June and July - DUE AUGUST 15, 2011 *If the due date falls on a weekend/holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI - ---- Provider shall create and/or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard_ of Miami. Provider shall -maintain accurate-information-for-th-e--duration of-this-C-ontract-term-to-facilitate-referrals-i-videnc-e-that-the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. City of Miami -- - _- -- -- -"-- -Page 26 -of 29 -- - - Contract-tXXY,-x>,);x, Resolution X2010-xx Attachment D Program Specific Audit Requirements The -Program -Specific Audit -is-to-encompass an -audit of The -Children's Trust -contracts) Jn_aLC rdance with section 0.2. Financial Audit and Program Specific Audi.'- as follows (a sample may be found on The Children's Trust website): Submission of: (a) schedule of budget to actual total expenditures by budget category, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) if applicable, audit of attendance if payment is based on attendance, or payment as specified in Attachment 6; (c) summary of schedule of prior audit findings, (d) disclosure of any significant finding(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 inding;Report whether the schedule of expenditure(s) is fairly stated; Provide notes to the schedule of total budget to actual expenditures that describe the significant accounting policies uses in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; Report whether 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 unalfowabfe expenditures e.g. costs not included in the approved budget or budget revision and unallowable costs identified in the budget guidelines included on The Children's Trust website, testing for questioned costs, testing that the Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the Contract and within the Contract period, testing that monies used for the program were for eligible participants, testing for the supplanting of funds, testing of match requirements, if applicable, testing of attendance or other unit if the method of payment is other than a cost reimbursement payment method, and testing of the cost allocation plan to verify that The Children's Trust is paying only its fair share of costs for services, overhead and staffing. The auditor's report 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 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 total budget to actual expenditures by budget category 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 Tesults -of -the tests,- - A r=eport bri-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_auditors..resuIts -r_elative_to The-ChiIdrens--Trust.and.findings-and--questioned-costs. —� Crty of f+?iami------------_-_.__._.__Page 29 of 29 - - Contract; XXX-xxx>:, Resolution ;;2010-xx ATTACHMENT E Affidavit for Level 2 Background Screenings -Affidavit Affirming Compliance with -Back-ground-Screening for -Provider -Personnel and/or Volunteers, Subcontracted Personnel, as applicable In accordance with Sections 94.3.0542, 984.01, Chapter 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 males the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not tc exceed one year and/or a fine not to exceed �i,DUO, pursuant to Sections 8.37,012 and 775.082, Florida Statutes, STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared (CED/Executive Director) Authorized Provider Representative of (Provider Name) who being by me first duly sworn, deposes and says: Name of Contracted Provider (Signature of CEO/Executive Director/HR Director) Date 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 ivy Commission Expires: -Page-28 of -29 _ --- --- -- Contract LXXX-xxx>;, Resolution *2010-xx Attachment F Performance Improvement Plan Contract No. X>,'X-XXX _Agenc-y-Name: XXX Program Name: ):):Y. Performance Improvement Plan By this attachment a performance improvement plan will remain a part of this contract until Provider has corrected all deficiencies, as solely determined by The Children's Trust. Provider agrees that any findings, reports and underlying work paper=, will be subject tc complete .review by The Children's Trust. Provider agrees to compiy with and implement the Performance Improvement deliverables as listed below as part of a plan approved by The Children's Trust. Failure of Provider to comply with the Performance Improvement Plan as set forth in Resolution TZOOX-xx will be a material breach of this contract as defined in Section I. Performance Improvement Plan �, �Capacrty�Y r Noted Deftc«nc�es� `_ 'C, { �4et►an Plan ;F { �_ , �TD1.�e..�3ate-' rs rr_Y'Mneas-ffi?_� rr�_. � te'''a � { � ._.rti- "ter, t._ �;:. ,. -sr�� „t �'._... .�,u. � •?..,.� Ei � r E�'.:...,.ii Programmatic Fiscal /Administrative City of Miami —_ __.. — -- ----- Page 29 -of 20 Contract *`XXX-xxxx, Resolution X2010-xx Areas in;Biue.to.be.completed:by'the>Agency :GENERALINFORMATION _ __-------_--- Organization, Name. Cit) of Miami Department of Parks.and Recreation Agency Fiscal Year: October I Ao'September 30 (for.example: Jule 1 to June 30) Program Title: Hear. of.,Dur Parks -Page-l-oT-7 --- nnwrhment B. Oonlracl 9l_ Resolution 112010-x). Rev 6110 Program Expenses Agency Expenses Agency Ex erases TotahP.rogcam.Bud et :d 5 720 927.DD S 720:927:00 1DD.00/0 Total'Bud et. -';Expenses :ffi 720 927,DD $ 72D•927:00 SOD.O% -Page-l-oT-7 --- nnwrhment B. Oonlracl 9l_ Resolution 112010-x). Rev 6110 _:preanlraLlon:Wmc L.:'a»umi Oepd-, a Pres -o Perwd: /1/In:ln 7/lint _I" r. ...-..Fmlin-lo he [Onlvlaled In"Ina Agdil' -'PR OGRA M:BUD GE7 .:Ylpnranl YNbe Jur IL. 2b1C -tf•�ovrerripanotl-�' 1•,I l: Aiw:-Scnp0l end '. .1 lift 11 p "' ".' :'. - Ane,-Scnoo12UJ0J1pJ) bvmm¢r 1010/ROl] aummu, tlllsh 1110/1]6 yN20171 p •,. D Il A In 1 1 ab d l tl 1-k,& to TCf One Item aAIARl FS + 1 Sulpoi--,penuealeer m _ letl N Fundlnp _ m t q 1 e , pps111on1Name - "- Avowal.$ 1 ry- ". 12:Mpnln, 5 r1' 'tadir4wni Perrenr wmpwt Salar7 .;1Pulralenl Pe1[enl: 'Amount .-. "' ----i0ta1 .Nelehlnp runtls Amuunl T•• -•'•' ..:.. I .. '. .: ..... •..:� -.i __.__ _._._. Lrsi Vnl.-Trmr tmmr.rae•. 51.11 S-1cef-1-W :31;00b.00 26,274.00 9DDi: 21,,774.00 0:00 DI, 0,00 21,1 L.00 8,502: Alse::5Um01:-Mnuat6alary ol.s' 34,MB.OV.(noarras¢.11']6.35 poi :. lreur) �Pvsgwn:wlN+dew1e:85'W PI hme'1erM .,eeas to tAa.pr¢yrart.. :. ' 1lD:]5/Ju:rE, NJtlal'-S b"I'l eeklavyrem. ' �' Paymen[.U'on'a WweeklV'basl:. Pan Mil.9n -: PJn-Square 41;295.89 221,964.40 011: U.Ob 4.00 04. 0,00 O.OU .':22,904.6 NIer:Soarol;.Annual.Salsry'vf.341;295:991nvunY r+te:of j.29.47 -per :: e1Mr1)'POf11nn Mll:091'nie:50"w 0t.-6 IOr-39+weeks.tn tne.plpgraT: :t29.4)/nr s,9; hr/Oay"::195 eaY1 •haYmenl ds an: a:blweekly.Ds;11. .-. Park l -Il "Guam :86,918;35 33,157. BU 0'.. D.Ou D.DD 0:: 0.00 DUE, '':33;157;8 nndi,5Nw0;; Mnu.l Salary Ol:fBU;gl 6.75 (Irpuny.nte. DI1 .41.51 ped '::Mu!)'. hosllbn'w111.oevvre;50•is Ol{Nntlor•35'wee45.1o:1/1t:P10Wartr.., :. :........ ... _ .. .. .,: .:... _ D P- Mana9er-Jast. M.nl'Pu1. St,75J,22 [3,879.00 0'.. 0,00 `D,00 'Olt. 0.00.' 0.00 -- '21879: Alla Scrool::AnnuLSalary.DI.S56,353.22:(nouflY rale o(5=28.OSIP6'r - nour)�Posllbn.wpl'.tl role''SD°.. .1 Mind 9.1-lbeks to:lhe-:.. ;. prvgram.52tl,OSJ1 .•q. M/aaY:.195 tlay.:'rgyDsani l-on:a'bl akly, : :. :.... .. ...... bast ....:.. .: ._..-:.. -... ... . ParkManager-.5nenanop eh-_--_ .47.59&.37 �i 2.,324.60 -DY. 0.00 .ODO :Oti. 0.00 D.pO ...'25;724; Mer.Scrrepl::AnmNlSaury a.34],SgE;37.lnounyral¢.ol 5:32.4]:Pw - :: ro�r)'Ppsllbn+y81.0evvte+50%'el lYne 1-59weaks:[P IM:plPpnT.:: - 532:97/hr •:9 hr/Oay'i195 Pays YukIMndgh-. Weft t.d.p.1. -:55.5)4;501 O 20,841,40 D°s'.ja. 0.00 'P;: U.00 0,00 :-2U,tl91:6 Mer-Sonm:•gnnual�SaNry'vo} / 555j57q:5O(nunyrate Ol•20.72 pelt: wW;dlyde:50°..ol lune lor:3Y.weeks:tO:thE 41W.".a1-'Y95 tlaYs: �PaymenL:Is on.a-biwaek.y. '-U,U :-O.pO .38;776.00 :13[:693:60 0.06175610' BacmNwn 7Utle 111: Data `Fxu17•-' --"..: :12,495.20 300':'. 11,995.20.0.00 rOY; 0.00 12,995.20,-:-., -'0:00 Merv$[oval::'14.88/nr'.'20Miwl.4[-week'raYment icon'.: 3-4 69,45:.20 ::D.DD 05. 0.052 69,051.20 - .. - .O:OO After:5pwD1:'N.",, of S730-1 ... d.n it .. _ .:, ._ _ . ,.. ... ..: .: '.::. average;.;X11:13/nv20.Ar/m::39.weeks:c!F8,681.9p';'8•poskwlis 157: '-Pe Tme'Tecdl "- '9.<- 0::050.90 -••0:0� "' e:O:DO •-81,950:90- "": � 'r D.Dp IBA TOTAL FTEs/SAlJtRIES I 10.0 1110,724.90 : 0.0 50:00 '9110;726.40 5132,693.60 24°ri FRINGE BENEFITS OPERATING EXPENSF3 1 - Alt r-SchoP12010 /2011: 542010/2011 ;3: A 5 er t• M fif gF 1 t ... r A �1 .L I-I(.ther than plinkapanur) 0.011 :,.:0.00 000 eO.Op Alter-Scilool.1N/A - T ravel (pani4Pant.) 11,521.92 :D.0011,521 92 ,,:O:OPgite._S h t- Trap_pwtation:lvr:t IU [hps:,(a4Z.36 per�Dpur-6 . , -- hours p . frry 'B bP s_..5'heltl-trb 510;166:90) i 1•e e:bEtlii Year' p (f42.06;oe hbur!9;hwr 8 b sas •[Sl 355'52) 1530;166 �f7.wS 135552 59988.64 j __ ..: 2 Meals (poniciPants) - .3,500.00 ": 0.00 2,50000:.VJ 240.PP AIterSM f-.LUp[nfl _,_�:Pte_.99 DaYs,.52'OUP,_lenc�: pant5T;5taaNer.planNnge ys:a:.33;5p000'Snacksvre..; - ] ._:: -'. p vltl tl DµG aler.M mLGt rely th O p me t Of N Ith :: Space trent-oladulldinp).______--_ �. O.00 - _; :_, 'O.PO, 0 00 -- O OD AI ,r•5 h t .N/r Ut111livs fe.g. lel¢Phona, ulllltles) O.OD .P.00 000 .: :: :0.00 Alter-sh SupPhes-ofliee (e.9Papar, println9, PpsU9eJ 2,000.00 .10:00 - -- -2;000.00..- -0000 .0 Af1ar. 5th 1::;2000P p!p9 -_.sll EXpenequresl ane-olnct _ supp0es.(w01. `4paperi:p n ,.Ioltlers:.pnnteci0rtntlpe9, ": Ds Supplies -program (e.p. carrlwla, boons) 250000 _0.00 '.,500.00 �; SJ000:0 after-schoo 1:.135P0 -per prepurrnsk Expentlltmet Ipl. plpgralp,., :5 "- -_ su0p11e uch as curd 1 m(Sk111slreamin(Jj ' SuppBes ;51,500 pec ne 5's0ese-.f]SpO -- - -- noo-eeNwlEquipmemherzthanfl,0001 (List Qach) WOD o,pp 0.00 D.pD U.Da .'0,00 O.DU GapltAl Equipment 1preelar then $1,000) (Lest path) 0.00-- 0.00 0.OD 0.00 . -. .. -.. _.. T:.."._ 056 bwnlracl0rs1 Lls1 each) 121`..841.6 215,861-B4 65.901.90 0.00 'All hp t A44v/ill slgf �l•.na0e:lassess.nno rovl6e:46B ens srsslonaand , emble:Pertvrmincea44'. [Ity'Or Igwnil PPark-Slles'OAlnran:5qu+re,`Dusne, Shenan0vah end.:: anensiMol-i41w111s uP ap 95 minutaslmlenglhlor .. .. :' :.` __._: .. up ip:IS.piNlcfPanls-TM:lmal ProlessbN),Pnsembl-Includ _ ;: . .. ... .. M+Pxabon antl.tle8very' I.rivdenl ;xhlWllpri=/peAprm [esa e.'._;-' - --` Mlutla3+nest 1 well I+M,pIaMM9.1 m T len 1 -a no '�=--- '= - ' - - vmgnm ehemtpl.. AI-s[Aool acs -p S..$J03:P9/ sesslOn IM 1=Da F mNyPanneriMP .:' _ �- 85,>42.12 .:DDD --89192;12": 000 All r -Sen 1 5 arta tall .-P.,-- ... 9.,500.00 DDU :0.00 02,500.00 65,98:.40 AltervSch pU:.See ettecne0 tlelall.bu0oel .. :. 38% L rill d l n (LI actJ - —_ ertllwd Tas[n :v pbsrlbns JUrbl heaour9-hwenn wseNnwn: OmUllfln�off) Mlhed'Taa[nals - 6 peslllan: -- 1 r(Lisl-oachj .. prDldssldnei Aervrcec/ fnospnndenl Lunlracto• - sddnlDnal(Llsf each) nn / wn -bYar IIIRp fa51{pfduntl�screpmpg \hml D /reW 41p Other - Addltlonal (List each) — :nd rOTAL OPERATING EXPENSES' \dminlslttl(IYe/SedlroCf Loll: "5"ir 'Can not exceed 1QYe) ' '." "1TOTALBUDGET,:;:...'. cYu> .;;sD w3h Toml Yro9ram'UuCDe � Ageticy:Budaat-Y�aamad u u.ou alii�_ Y.Y4 s u u.u4 Y.D4 D.pL - ov: D4. ,SUD.YL D.OL 69,z00.DD D.D4 35�n II,ODU.4U O.OUI 11•apD.b0 •.p:00 <heof.J2I 2're/ 1 Ss o, r- tbaawn .r .Sil WO.OL.:f 2.T5U.0U Der Aaa[Ire• 3`:. D. 1� Pi 5 h:L n f35/ 2nows/P Y 19S data. -•. Y.Y4�� U.04 Y.YD U D ' .. .., D9. U.W : At ••Sarool.N/A u.uu Y.d4 Y.Du o.D4 -- U.W-AIIer.SchuoU•!(/f. sU OU o 0l I1,5U0.oy D D c 1ST N F T _ r:!r 0.00 o: I1,C2t.DD ;:,.:. .:.=o:W AI-smbPl::nv „Vol,}y,SL y Ullld'. 354;.p rt apanu':5 held? � E35.OD...;Cfdwlen.wlU paN[(Pate'In;5retluutlonal/pflyslcal% , len d'IrNd IP F WInp wl mlPe 9YIl m I m' d]S.UU a.OU 5 B75.OD U.O3 --- .., ::.-'1 BJS.p0 ... .. B]5 DD-,;� .;_4ner-School;'754:Par1lUpams:'..2:5pIV;PWehasb,catlprcalesrof ;..,: _ . wmplellwls;,:etlucalmnal.attwBle:, 1 .:.. .': - lo0i. 1004: „_ 5720,927.00 Pc, dirt tns. Rata: avid (ether than part cipanta} Pace (rent of a buil Jing} ; appal Equlpmtnl -__(greater than (1,000) (List each) B. k—; t",-- * 2010 - I TCT Une Item % Amigo{ for Kids D(2 4/10 .12 j�—j—j—�T�j —Id,,-d-t C-t-lt— -:Q —BA a 00 870.DO 00 0.00 _-20,880 0,00 'I., NfA";" .00 0.00 . . . . . . . . . . . 870.00 20.880.00 1 I 000_ 20,880.007 CJQ A A kl� 11,510 20 iso 00 .870�9�90 Tr —C. actor v-, --vGoi O.CO go after 5 I Dol. N/A 7-' 0Q.00 a.QQ D Oa 0.00 27.994 00 9.00 Aft—Schc0l; NIA 7 o no 0.04 O.DD Alter -Schaal NIA ----- 67DO OBD--G CO- 31h.— AJ4. 0.00 .7,Ono mil E -All ,00 am •6h, on4a.dki- 90 - bili, i0900 I il.:! WOO 1 000 162 500.06 TDTtL fiUPGFT jaa.sqg.II 0O kM .12 j !.Arts for UfganlZtlnOn name: Clry of hllami Pdrl.S &Rlcrza Non s :. >; :• a f E +a � I I{ f�.7I Atla[hmcnl 8, COnlrart ti_; RcSolution B X010-xx A(IS fbr Laornln9/f ilaatlt lji I;. I } 7 I ' - +'Ir ail t 1 1 11[ f4 1 t:*.•'tp"dyr l l,, 1 ,i_.,t. I -! : 10(11, , z J .:�,2ustlficat on z _r•', :.;.;; ;; PRQGRAI BUgGET :< IQ ran Erlod xs. .: 22011,after-Scj'fooi .� �. m ,p o ra perToii ,;I and e]usf th Qatton ]n each.hne�hy`P.ro ram enol After t;; (Pro vld 9 cr one 1 .... " .. .. .-.' ... ... - ' School 1 OY tt iu , llc _ After-Schooi 2DID1201] - $umlSl of 2D1012011 R�tgn esterJ, ter la Coide mina the:; qe Iteflls show sed Fof`a{I II the ca ons u .': ..... .... °- Summer.^ Reluested *. ''. Funding 4 I oupt'sreque t am s ed I ...I'...:. .. nnyaf� lacy q - ..I. ._ .. Rz uz5ttd - Solar 9 :. Sal {y Y -.,. w. Total t•Iatch(ng Fupds sitiun Name {�? hWntnS) Equivalent:. Parcen[. Amount -- Euivaleht- ,Percent IJ amount 3 I 11,o5D.00 _ Aftar School:'Dr ctor of'CommunlN'IN[lathes'& [2I Pidgla j1 am staff `150,000.OD g l ) I1?.500 Oq 10°.0 11,6id 0d 0.00 - 19a.nag ra c III, dedlca[ a Combined 460. }lour to this }�rcg am. '.. :. Lom Ql(1 d gf}nual',alal'ias tet I $150K (dal r 5cnugl eTntvakht 1§ - - - - celcu14ted 51 75.6 of annual) or $2-0 per our avarag-. < 160 his = Summer 2010: NIA Summar ?011: N/.a �. Designatatl staft is responsible for program design, implenran:auon, i no a>-Smmen ..... ... .. ....._. G_0C 0.00 0.08 _ . I _ .. - ARer .S drool. {I 1 11,Oi0`.00..0..00 0.00 Part -Time Total0 0 .';;I 10:D0 TOTAL FTf5ISALARIES 6.1 $11,0q 17.00 0 0 $0.00 $11,0a 0.00 I I � I ' II i Atla[hmcnl 8, COnlrart ti_; RcSolution B X010-xx iArts for �eafnin�{q NGE BENEFITS I II"u.a Rxe: 7 5111,844.56 0.00 849.56 i , I . :omp a 1 [face. i 00 'S 110:,0 TOO 11040'-' - I , mplay+ Rate. i3/ 35._4 0.D0 35 24 cr' F 1 - _ 331 �0 ' 'I IIS^ :+ (I After Sc hogl A4L matches up [o/ 'of each employe"s saLarY ', R�[e: 3 OJ 331.20 I t F: •.�' � �, . gar "Specify & p Ovid c Iw la [io nn icalN ins. Cos[ par ]lStC tics 1 78035 0.00 _ + 0.00 I i ' "ofemploi a J r 'n P 0 9 '` I a I 1,788.48 After scho 1:A4L pays 100 a health ranee Health . msi ford d signet sr !r a'z� ge i.o of �l rias. _ila ins 7'` _01'2 "'• ' 0'DO 1D.I 2 " ' ' After Sch ° oo1; A4 pa DO (o of e I e ht. L ays 1 mplgyee Ife insu��nc bene f f 0.00 Aft er=school: "'-- $3,120.00 0.00 TCT Frin is 28.2606750275702°iu T6TAL FRINGE BENEFITS 43, 120"00 *0.00 I e of TCT Re uasred 5, alarics- I 10/11 1 I ERATIfl6 Atter.-School and EXPENStS t Attar -School 2010 2011 / _ Summer 2010/20]] "Summar - ht cchin Fund; 9 Rcyu 4a,tecl Amounts -1 (other an thpart { 'I 300 00 i ' ' I I 300 00 1116;:"114 I"fter I A schpol"es[ImaCed'00 sl[e vrsit5 (15 per'SE masker ,211 ' [ I ! ' emest c) @: O m 1 a er g round rrtp per. siie vts`tc y0 SO1mua �., - EI " 005 s equl Inc roX 50 73 TN I to app per sesson� i —�--- avel (participants) --'-- ". D 00 (I_. ft er s hoot I cols ( articl ant' p P s) • '[ i f :_ .: I I 0 00 "'i+` F soca (ren[ of a 6m Wing) 60D.00! ii i' After school Office space for. thl5 pro�grafn r�pfese is 1.(gro� Cotal '' llitics (c talaP bun I-� rite s l pace { 6q pD0} ' 600 r ' y rt, unlin cs) 'PPllea -orrice l l I 0.00 ' + " .+ I li':f ."'" After Scrrepll V (e 9. Papa" printing, postage) �—' 'PPliea-progrem (c.g. curricula, Goghs) "200D00 —__ ", t ;� i " :. ;"_ r i S,D00.00 i I " ' After School $20 per chJd for art supplies ,250 cr ildren ¢s 0001" 1.. + � ' - (equty Tent mapprox $iZ 25 p r ses�lon r 908 s s o0s}-. P q ripmenj. (lass than X1,000) (Lis[ tae!]) I 1 0.00 1 Ii � !iter DO A I SchOo — " r j. I LFiI 1" 0 i ,' I I AfScheo� t I i .:! cr; . P ial Eqw .... . : hll) (i I II.0.00 F. I i 1 lil """'"'' fker Scpo61 E' i i. Pmen[ (greater than $1,000) (List each) 0.00 — V .F t• .. , ii;' ._. -_ 0.00 0.00 ti u0cantr—urz (List each} Il i�'l� I' II ;— t I 0.00 ( Inil ;�.. •1 ' Afte School { i t i~ I � ., 0.00 k t ... _ 0.00 D.00 —-w 1 Atlachm�nl 8, Conlracl 8._; RasoluGon n 2070-xX I I page 2 of 3 I ,iuscnmenl B. Cuntracl h—_ Rcsalwion 4 2010-xx MOFLP. T Una itern N. 5% 8.10 I 0% I oft 19/10 SLIbCOW-ClOr Ni,fllc; nil Dads r r w z!d, H una :1111111 I ITITI F! :1 �!!:j After-spiloo! . ... .... .. . .... ustjfcatjon ?ea(Pro anq We ch ...h finp)by - F � per oil eF After-Sch—I 2010/2011 20 101 Funding.. V 0 e*q! 5�:! P, q J, th�e T -Aallis: fler §Fhool . i I— -,. !, R_ -7 - vvne Requested a! salary 411lon llama 2 mo.,Lha) Sal. Equivalent i',IiZ� Ia blotching F L4 n d Z Percent All"I.nt F!l 1, E-pl2y_ts�.i, I T_is_,_300 06- 100�� 15,300.00 0.00 0.00 15,3LIUM AnIOUnL 0.00 ,a', 9 606 _66 BUed;on Po �p,n.u� salary 12. sola Y PF;19 15 1 }3,750 per bi-t,reakly pay* �7,590 Per (111)('10 x 10 nigirIhs •.as i. rip fiche cjtY of P1 ami and Lh,cc collgi:orll I! pzrrars to ensure trio aduca[ional P,Ojj,,,n, Illa.cy me stale oa.F!cps cufrj4'I'ffl ... I pfpreln aw makes recomnlanoanms fcr LaaC RG PQI`sOnlqe Educational ir�mmus for -jeacrimg P.D SjjOFblS (:OIjSQl(j.q ,,IC n ri "pa, "i" I's and t II CSPCCEs of tl a I 5.bcOrzv6c(. aq ant w zh III. C,I), FIWTI,, T-1 15,300.00 0.001 15,300 OD0.00 ou _40](D00 Q.CG S&Ccl 9 ad- on ann-,j I -Im.) P.d5 42.ibo Par b,-ye&lly paxper'.U. @s 0 pa, 10 AIDIRL111 D'al l — onmc.I.IIil'rid pro Ida [ U, 'ifi e comm ridd F..d A s,E.actwns U DOICOVSEL dy:Work,i 011 Pi P a t�aminq icu urn anj, C' :.pprn'en TOTAL FTEIISALkRIES 3. 9,0MOO 2.0 0.0 X0.00 42_i;300-00 Ir -ITS 0.00 0,00 00 0.00 OZ :1 —7- 0,00 _R.te 0,0 0�00 Char Spa & Q 013 13.13D I 1 5i. Hinge 5a9ellLi Below I 11.411h IR, C -L PF, Ji ;.i Z. Sea Ringe Ben Ms Bal.,, 2obi �yq 0 67.: a D - 2,981.08 I:.i FOq i:B, m .. .. ...... . j, 1: , 11 `7 I I Ell: 1. D �.F P '_X n befit, is "I jj:;i,i I I Ijc , it I -, related costs ADP cpar9esa rate er employee for Il.taaes"T. Ic u ".1iiii1st Ui Off 6r, 1. ;� re Irl1rIq CUOY N: !:I V jirl i.1, Ill i.j iOYaL FRINGE BENEFITS. " Uii, k !t Total I 3!16 55ii-i :114 5.:.'41 . *4,797:6;6 ICT Requested Scilari., g� After an t�, !.Atte -:0 rld.al -Mpa (OLl 5oo- a �111 , I, ries), E'. UY 'i:o.. I ern�. n v to lm� is!tgs .4; � —F�M- des - Program 0 n e!; 5 T 10 'D L. 0g., A, ........ ... . b Meals _(p7-_nk q i _M 4 F p;nl,) 0.00 1 I w r i Ei: I.;, k 4::i.!'jl IIIf 4. 14 IF 20 lu-zc MOFLP. T Una itern N. 5% 8.10 I 0% I oft 19/10 All-iCrIlTle . pl Page 7 - T 096 35% Enter Agency (Jame Staffing Plan Staffing Plan must EXACTLY match the paid and in-kind staff, volunteers, consultants and sub -contractors described in Attachment A and listed inane Program Budget. Add -or delete -rows .and.adjust-Jinks -to -the Program Budget as necessary. Page 1 of Pages Rev. 6190 Enter Agency Name Staffing Plan After School d summer Justification Hip "I. Im.NiN ,Bqt. I, Olga taddiriontt ?j Jon 0 EM c gg U 'a -R 'I NP 0, 6;a N 10 .9gr Yes qp;,� -y 1101 ,,�B,q sort ff Awl., NNo -., OIL i4M be '' sat re; JAI M S N -h I List -Subcontractors who do not have separate budgets: Ust;Professional Services/.Independent Contractors Instructors: Certified Teachers::.C) K;- ,nl chelor beg ree.�1n.�ed . ucarion Mesponisible"forthe administration-bf a Prefkenceian _dexperie ncd1th �L,.ri�l,-.k6adiTiO�Fluency,-'test.��-Ma:y':66!-- - Certified Teacher - 4 positions requne d ito.-:sfor or i ng . A (Oral Reading Fluency N�, Tessa-661R.i�i:Jsertifi.catjDri teachers when _A;necessa necessary " Assessment Administrators) issued -by-theFlori a--DepartmenV of Education:---- _ ----- % 'i Bachelor -.-.degree :::in--education-.-..-.'.!:.:�7 - 'wPesponsfble1fqrzteach. 094a. J�i .7 .�econ h re erenceandexperience,. D. cAF,ing.3,e emepta.!ry dary !lCertified Teachers '. us Sc Nbolaged th Yes N/A N/A ircatIOn materials -an c urrculum.provided positions d5y, Floridae�! �p of1EdJuca.tion­';_.__.. -- ------- _4 D, 7 Tutors: . .......... .. 2 a ;,Additional Contractors: 0: U7 :Volunteers An .7 Volunteers Additional Other: .. . ..... . . ..... . .. . --q End of the Year EXDO b, OR do' it T) ita F1 g . zf 8.t jbg �.NMMMO­%J� t -A4 ludes one p -ablebsectic D II s t a r�.-j.-volunteers W consultants L _1 thyiM= py Jr. rE -iHA Ohio 'Sub�oni?racto.r3B.udget yrsh S db� or_`F&5h I t 8 n ux� 0. p 94V 0. 1. W q I e e sf M ot -Subcontractor: Amigos for Kids ree:and Status -:::i F P mnrnqRespGrgi I ides Responsible 14.working h children and pr Rgram , aq : iV-pleqnizoMongn rtes families - data . .. ......... . -prg w: De af'� er i taj�fqra gram services. .. . .. .... su Park o rs/vVorkers at, unsel - Program Coordinator A -A j coordination -off !I =Completes w.. all re po . s, bord inatet:--and schedules training . JD ensure§j t— practices are im p emen. e - --,-a n ............ N...7_..,or.M._-ad.. ministrat-iye related duties:r. U1 M asr e ...... .... Page 2 of Pages Rei,. 6/10 Enter Agency Name Staffing Plan Teachers Page 3 of Pages dr gn1 o-xr. Rev. 6110 Enter Agency Name Staffing Plan ..�....ti..,...,i o r., 1-1 IU k2 snh Jinn V 2010-rr. Page 4 of Pages Rev. 6/10 Enter Agency Name Program Director Curriculum Coordinator/ 1 AA --- Staffing Plan After School summer Justification r i.. _ r L +r ! i jf !' ! a,Jf` h s.:,;ac;},3rf�1r sr7-'� •i;� 4i It ili�%?x�l cy�*: (' �w,y q�w,��{;rind; f�wb !+f •'r'9E' '`t�(�?:� e-+M�h�u1 ,Vrr>n{`P,'sl{!i(ni,.?A .maf'ft•1i5!}rPt' hxiU,Fsr.+?!R>(tbs�l�Akfu�F•�'�r8•,F Iryi�f''�������+y'� i • r9, W77�1"T•' 1%(1 ,r !`'Li �r IVdF.i,., _ Ratio ") ' � s�Ratio'r f�ru.Qualrfications ���.�a,6t,,,,:,;,,Deseript�ontrof;.nesponsib}trt'�es,•�s � Of � �}"yofi t(¢} � v %'-j 'rrx?�f?�'�1dWsb t +�{i'• UiGf{��i' hr7 £� UEY{!- tn°ft 'l�S..R" lsajEr,iu.�• Yes or `)4'ljeslor e�utre[vi}nlrriuM'1Etlucat}orix{nelateaoihe`�}piogaFn`iesorfb'e�! SLaff• 13taffx - r, ta«y { •ti Lijt,`,�r wf;gd a t! � i� i, }k - bA'r fJ�'Mi t+� Rs }'�Yr i+rfk,7 g4l>�,v t ri y bNo k1&x,Experien�ct9 ,fir v„5 1f, �4rt },pn AtEacim/ent r.. i' F n Itls�j)I'1�) �� 4�r {� W4�r �` #.` of Staff refers to the number of paid and in-kind staff, subcontractors, consultants and volunteers in each position identified. **Volunteers may only be counted towards the staff: participant slot ratio if they are screened and trained and they work days and times that match what would be required for a paid staff member in the position a volunteer occupies. Page 5 of Pages Attachment Q contract dl_, Resolution V 2010-xx Rev. 6/10 Education:::Background -with a Status: Ff. =: strong emphasis on:.Language ResoonsiEi"ilifies .'Sypervises.,program,: and.Literaq'M.S-Degree operations,::°D.ewelopment.of Required. :School leadership and:' curriculum and;irrTpiementation; Elementary Education, :Directs program operations, contract Certification required.'-"` = Manage mertt,'Works:.vith the.�ity%of I:nov ledge of Program Mianii;and the>:three;coalaborative r components and,.' , partners to ensure fhed:educetionaL _-... e>:,peen ce required program meetsthe.state standards., - - - 6.1 develops curricpium.an.'d.program 1 n fV/F. N/A _,. ; objectiv..es, interviews and makes recommendations for teaching - : personae Conducts Educational - ,. g P . Traihin s for teachin rofessi.onals. g. _ .:.: - Consulting with program rri r :�'... ;u• - about program .op rations and:all _ aspects of the subcontract agr..eement . fwith the City of Miami — 7. -- — Arninlmuril of five years working Status PT _ in the Pducation ft�ld RAsoons�bilitieC 'Working with-Gity of h Cerfificationa must _Graduate Miami and tacili ators On sjiF. T- D�gr ee Required and mhst fiave Prog am'LoDrdJna�ion for _. b oth_tpaching and supervisory r -a qw.program, teaching experlenc Expenence workm4 and technical support at progractl N N/A, . N/A with a diverse population location., _4?l6n gas the Oral Reacting �` #.` of Staff refers to the number of paid and in-kind staff, subcontractors, consultants and volunteers in each position identified. **Volunteers may only be counted towards the staff: participant slot ratio if they are screened and trained and they work days and times that match what would be required for a paid staff member in the position a volunteer occupies. Page 5 of Pages Attachment Q contract dl_, Resolution V 2010-xx Rev. 6/10 Service Authorization August 31, 2010 Ernest Burkeen, Director City of Miami Department of Parks & Recreation 444 SW 2nd Ave. Miami, FL 33130 Miami Parks 5: Iiecrcallon Fi. 4 Wllere;1ia i� happen:: RE: Service Authorization and Reimbursement for the Miami Dade Family Learning Partnership The City of Miami Department of Parks & Recreation hereby guarantees monetary reimbursement to and hereby authorizes the Miami Dade Family Learning Partnership to provide after-school services beginning August 23, 2010. This temporary Service Authorization as indicated is retroactive and it will expire after the Childrens Trust contract takes full effect. The Fiscal Year contract that the Miami Dade Family Learning Partnership has with the City of Miami will be for the service period August 10, 2010 to July 31, 2011. During the period of time covered by this Service Authorization Letter, the Miami Dade Family Learning Partnership will provide program activities, complete all outcome assessments and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to the Childrens Trust. Furthermore, the Miami Dade Family Learning Partnership shall submit original requests for payment in the format prescribed by the Childrens Trust for services/work performed for the City of Miami Department of Parks and Recreation: these requests for payment shall be submitted on or before the fifteenth (15th) of the month following the month in 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. The Miami Dade Family Learning Partnership acknowledges acceptance of these terms and conditions via this Service Authorization: Signature of Authorized Representative: Printed Name: - Date: Service Authorization August 31, 2010 Ernest Burkeen, Director City of Miami Department of Parks & Recreation 444 SW 2nd Ave. Miami, FL 33130 Miami Parks & kecre:aiiern 1'nc�rc yra,>ic 3-tap�rcr>> RE: Service Authorization and Reimbursement for Amigos Together For Kids, D/B/A: Amigos for Kids The City of Miami Department of Parks & Recreation hereby guarantees monetary reimbursement to and hereby authorizes the Miami Dade Family Learning Partnership to provide after-school services beginning August 23, 2010. This temporary Service Authorization as indicated is retroactive and it will expire after the Childrens Trust contract takes full effect. The Fiscal Year contract that the Miami Dade Family Learning Partnership has with the City of Miami will be for the service period August 10, 2010 to July 31, 2011. During the period of time covered by this Service Authorization Letter, the Miami Dade Family Learning Partnership will provide program activities, complete all outcome assessments and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to the Childrens Trust. Furthermore, the Miami Dade Family Learning Partnership shall submit original requests for payment in the format prescribed by the Childrens Trust for services/work performed for the City of Miami Department of Parks and Recreation: these requests for payment shall be submitted on or before the fifteenth (15th) of the month following the month in 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. Amigos Together for Kids (D/B/A: Amigos for Kids) acknowledges acceptance of these terms and conditions via this Service Authorization: Signature of Authorized Representative: Printed Name: - Date: _- Service Authorization August 31, 2010 Ernest Burkeen, Director City of Miami Department of Parks & Recreation 444 SW 2nd Ave. Miami, FL 33130 RE: Service Authorization and Reimbursement for Arts for Learning Miami, Inc. mianli fork- & becrwlion } Where Magic Happen, The City of Miami Department of Parks & Recreation hereby guarantees monetary reimbursement to and hereby authorizes the Miami Dade Family Learning Partnership to provide after-school services beginning August 23, 2010. This temporary Service Authorization as indicated is retroactive and it will expire after the Childrens Trust contract takes full effect. The Fiscal Year contract that the Miami Dade Family Learning Partnership has with the City of Miami will be for the service period August 10, 2010 to July 31, 2011. During the period of time covered by this Service Authorization Letter, the Miami Dade Family Learning Partnership will provide program activities, complete all outcome assessments and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to the Childrens Trust. Furthermore, the Miami Dade Family Learning Partnership shall submit original requests for payment in the format prescribed by the Childrens Trust for services/work performed for the City of Miami Department of Parks and Recreation: these requests for payment shall be submitted on or before the fifteenth (15th) of the month following the month in 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. Arts for Learning Miami, Inc. acknowledges acceptance of these terms and conditions via this Service Authorization: Signature of Authorized Representative: Printed Name: Date: