Loading...
HomeMy WebLinkAboutExhibit 1FY 2010-2011 CONTRACT NO. 1103-1930 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI OFFICE OF THE MAYOR FOR SERVICE PARTNERSHIP THIS CONTRACT (hereinafter "Contract") , between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and City of Miami, a Florida municipal corporation hereafter "Provider" whose address is City Hall 3500 Pan American Drive, Miami, Florida 33133 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 bei from November 1; 2010 through October 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 Trust_and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively by 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 $899,269.78. 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 Other Fiscal Requirements, Budget and Method of Payment outlined in Attachment B to this Contract. City of Miami Contract #1103-1930, Resolution #2011-07 ((fS /D- 3 ,c)-37 Page 1 of 39 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 claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used by 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 69I-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 capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust 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 thirty (30) 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 end 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 all 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 768.28, Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any 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 Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly 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 Page 2 of 39 Contract #1103-1930, Resolution #2011-07 Provider and any Subcontractor 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. 5. Religious Purposes Providers and/or their faith -based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any 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 shah 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. INDEMNIFICATION BY PROVIDER Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attomeys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial. reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in 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 of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY 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 is incorporated by Provider 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 for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any City of Miami Page 3 of 39 Contract #1103-1930, Resolution #2011-07 intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by 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 Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data 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; o. 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, if applicable). Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five (5) business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this 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 continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by Provider as condition(s) precedent to resumption of any payments and 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 City of Miami Page 4 of 39 Contract #1103-1930, Resolution #2011-07 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 continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for 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 fees. 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 any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. 3. 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 required by Florida law for government entities. Provider must comply with this 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. Worker's Compensation Insurance covering all employees of the sub -contractor, 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 evidence of coverage upon the termination of the exemption, as applicable. The employer's liability portion will be $500,000/$500,000/$500,000 as a minimum. 2. Commercial General Liability with limits of at least $500,000 per occurrence, $1,000,000 policy aggregate • City of Miami Page 5 of 39 Contract #1103-1930, Resolution #2011-07 with a maximum 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 Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the 'State of Florida, with the following qualifications: The company must be rated no less than "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, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's .Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust and City of in writing, of any cancellation, or material changes in insurance coverage in accordance to policy provisions. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. City of Miami Page 6 of 39 Contract #1103-1930, Resolution #2011-07 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 at 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 OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust. • If required as applicable to Provider, the Internal Revenue Service (I.R.S.) tax status determination letter; • The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after 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 quarter ends and if applicable, state and federal unemployment tax filings and if the 941 and unemployment tax filings reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to 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/CED. Notices to Providershall 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. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Contract, consistent 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 complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. However, if any audit, claim, litigation, negotiation or other action involving 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 all issues which arise from it or until the end of the regular retention period, whichever is later. 2. Financial audit and program specific audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit, performed by an independent certified audit firm 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 City of Miami Page 7 of 39 Contract *1103-1930, Resolution #2011-07 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 OMB Circular A-133, Audit of States, Local Government and Non -Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan. 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 program which is the subject of this Contract, including any subcontracts under this Contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. 5. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child/family served. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files City of Miami Page 8 of 39 Contract #1103-1930, Resolution #2011-07 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. 6. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, 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 performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law._ The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require all sub -contractors to comply with this paragraph. 8. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Contract. This includes, but is not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. 9. Withholding of payment At the sole discretion of The Children's Trust, payment may be withheld 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 Children's Trust. 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. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. 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 term. Q. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the City of Miami Page 9 of 39 Contract #1103-1930, Resolution #2011-07 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. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.D1, 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 Level 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 must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, .volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientations, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in. employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any•owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2, Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the City of Miami Page 10 of 39 Contract #1103-1930, Resolution #2011-07 convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two purchases for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, www.miamidade.gov/ethics/librarv/Ethics-Brochure-2005.odf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following provisions of the Sarbanes-Oxley Act of 2002: • Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 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, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800- 96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify The Children's Trust's contract manager of any incident as defined within three (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 the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The 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 filed as a result 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. City of Miami Page 11 of 39 Contract #1103-1930, Resolution #2011-07 Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such an alleged incident. 8. 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. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this Contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2- 1-1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to include in all of its subcontracts provisions similar to the following provisions of this Section X for compliance by subcontractors. 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 use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust .logo and the following -paragraph in all materials 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: City of Miami Page 12 of 39 Contract #1103-1930, Resolution #2011-07 City of Miami and Truancy Reduction Program is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami and Truancy Reduction Program esta financiado_por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Nin"os es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y families en el Condado de Miami -Dade, Kreyol: City of Miami and Truancy Reduction Program finanse_pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read 'The (organization) 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 I5 INTENTIONALLY LEFT BLANK City of Miami Page 13 of 39 Contract #1103-1930, Resolution #2011-07 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind 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. CITY OF MIAMI, a Florida municipal corporation THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA Provider Federal ID# 59-6000375 By: By: Carlos Migoya, City Manager Modesto E. Abety President/CEO Attest: By: Priscilla A. Thompson, City Clerk Date: Approved as to Form and Correctness: Approved as to form and legal sufficiency By: By: %�/cf. - //,—✓,f Julie O. Bru, City Attorney County Attorney Date: Date: /COI%- a 3/ early 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 14 or 39 Contract #1103-1930, Resolution #2011-07 ATTACHMENT A: Scope of Services City of Miami Contract #1103-1930, Resolution #2011-07 Page 15 of 39 Attachment A Initiative: Service Partnerships Agency name: City of Miami Mayor's Office Contract No. 1103-1930 Program name: Miami Partnership of the Truancy Reduction Plan / Truancy Court Program 1. Description of Services: The Truancy Reduction Plan is a service partnership with the City of Miami, Miami -Dade County Public Schools, Eleventh Judicial Circuit Court, Clerk of the Court, Switchboard or Miami, Inc., Florida Department of Juvenile Justice, Big Brothers Big Sisters, ConnectFamilias, Miami Bridge Inc., PsychSolulions, New Horizons Mental Health Community Center, Inc., Regis House, Inc. , S.T.E.P.S in the Right Direction, and M-DCPS Police Department for the planning and implementation era truancy intervention program, truancy court, and positive behavior strategies to improve student attendance and performance. 2. Target Population or Participants (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): Participants ==, Totalnumber of unduplicated , participants"expected to receive intensive -Type 1 services Total number of participants iiexPected.toreeeive Type 2 services (less than-3 intended contact) - (3-- intended contacts Children/Youth 1500 students 1500 students Pc'cnts/Primary Caregivers n/a n/a Other populations (e.g., staff professionals, general public) n/a 8 Description of participants to be served: 3. Service Locations: Provider Name' Site Name -., Address -City . State - ZIP Code Location 1 Allapattah Middle School 1331 NW 46111Street Miami FL 33142 Location 2 Shenandoah Middle School 1950 SW 19"' Street Miami FL 33145 Location 3 Citrus Grove Middle School 2153 NW P Street Miami FL 33125 Location 4 Miami Senior High School 2450 SW 151 Street Miami FL 33135 Location 5 Miami Jackson Senior High School 1751 NW 36°i Street Miami FL 33142 Location 6 Lenora B. Smith Elementary School 4700 NW 1211' Avenue Miami FL 33127 Location 7 Santa Clara Elementary School 1051 NW 29" Terrace Miami FL 33127 Location 8 Citrus Grove Elementary School 2121 NW 5'a Street Miami FL 33125 Location 9 Kensington Park Elementary School 711 NW 3011' Avenue Miami FL 33125 Location 10 Shenandoah Elementary School 1023 SW 21" Avenue Miami FL 33135 Location 11 Miami Edison SeniorI-ligh School 6161 NW 5'1' Court Miami FL 33127 Location 12 Miami Edison Middle School 6101 NW 2"aAvenue Miami FL 33127 Location 13 Edison Park Elementary School 500 NW 67th Street Miami FL 33150 Location 14 Shadowlawn Elementary School 149 NW 49'h Street Minmi FL 33127 Location 15 Toussaint L'Ouverture Elementary School 120 NE 59'h Street Miami FL 33137 City of Miami Contract #1103-1930, Resolution #2011-07 Page 16 of 39 4. Performance Measures: a. Quantity -"How much will we do?" TYPE 1 ACTIVITIES (3 or more contacts with participants) Activities/Service Name & Description (Include frequency, length & duration of sessions, ns well as the number of cycles expected to be offered) ;• Total # unduplicated , participants to be served (specify. if children/youth, parent's or others) Min imuns # participants to be served (guideline is no less than'85`%u of total) Expected Dosage: Minimum # of sessions a participant will complete TRUANCY 1N'rtrRvt:M'ION PROGRAM —TRUANCY CHILD STUDY TEAM 1500 youth 1275 youth 3 contacts M EETINGS AND FOLLOW UP Prior to Level 1 — follow up activities will be conducted with students who attain an absence or had a prior history of poor attendance. • FU 1-tome Visit • FU Parent Conference • FU Student Conference • FU Coordinating Services with Outside Agencies • FU Monitoring Student Attendance • FU Phonc Call • FU Parent Letter • Initial letter to parents (tracked as Type 3 activity) Level I Students accruing five (5) or more unexcused absences would be scheduled for a Truancy Child Study Team (TCST) — Level 1 Meeting. Each school has an attendance team which consists of a school site administrator, school guidance or trust counselor, teacher/counselor, parent/guardian, and student. If the student is involved with any other outside agency that the school knows about; they would be invited to participate. Parent, student, and attendance team all sign the Truancy Child Study Team Intervention Plan. The teacher/counselor conducts case management and follows up (FU) with the cases. This is e care coordination process. FOLLOW-UP ACTIVITIES FROM TRUANCY CHILD STUDY TEAM MEETINGS • FU Home Visit • FU Parent Conference • FU Student Conference • FU Coordinating Services with Outside Agencies • FU Monitoring Student Attendance • FU Phone Call • FU Parent Letter • FU Participate in court for students with delinquency for truant students who are delinquent and/or dependent Level 2 If student accrues five (5) more unexcused absences after a TCST-Level I, a Truancy Child Study Team — Level 2 Meeting takes place with all parties involved, including outside agencies working with the family since the Level 1 meeting. The truancy child study team will review report and interventions from the Level ] meeting. Based on the needs of the student and family, the team will prescribe new interventions or modify the existing plan to help improve the student's attendance. Follow Up is the same as after the Level 1 meeting. Level 3 If student accrues five (5) more unexcused absences after a TCST-Level City of Miami Contract #1103-1930, Resolution #2011-07 Page 17 of 39 Activities/Service Name & Description (include frequency, length & duration ofscssions, ns well as the number of cycles expected to be offered) 2, a Truancy Child Study Team — Level 3 Meeting takes place with all parties involved, including outside agencies working with the family since the Level 2 meeting. The attendance committee will review report and interventions from the Level 2 meeting. Based on the needs or the student and family, the team will prescribe new interventions or modify the existing plan to help improve the student's attendance. Follow Up is the same as after the Level I and 2 meeting. Total tl unduplicated participants to be Served (specify if ch11d1en/youth,_ pnrentstor others) Minimum M participants to be served (guideline is no less than 85°4 of total) ' Expected Dosage: Minimum # of sessions participant will co ru pldtc .' Truancy Court This is the activity that we are trying to prevent, hence the low number of participants. When a student/family has had a TCST— Level 1,2, and 3 meeting and continues to demonstrate truant behavior, a staffing takes place al the school to determine if all intervention procedures were' followed. If so, a Truancy Court Petition is filed by the Superintendent of Schools with the Clerk of the Courts, under Florida Statute 984.151. Hearing (Preparation of Student Case Summary) The initial court hearing is scheduled to beheld within 10 days of the filing date. On the date of the truancy hearing, selected staff from Miami - Dade County Public Schools and the City of Miami appear in court to substantiate the truancy petition. The judge or hearing officer hears the petition and will ask the parent/guardian if they are in agreement with participating in a family conferencing session for the purpose of resolving the truancy issue. When all parties aeree, the judge orders a Family Conferencing Session to take place within 14 days. Pre -Family Conferencing Session immediately after the initial hearing the teacher/counselor schedules a pre -family conferencing session with the student and parent/guardian. The purpose of the pre -family conferencing session is to discuss with the parent the purpose of the family conferencing session, and also to identify key people in the lives of both the student and the family that they would like to participate in the family conferencing session to provide support. The teacher/counselor then advises the parent/guardian of the date and time of the family conferencing session. The teacher/counselor will coordinate with the selected school personnel, City of Miami personnel, and personnel working with the family from outside agencies, and the identified individuals by the fancily to invite all to attend the family conferencing session. Fancily Decision -Making Conferencing Session The family decision -making conferencing session centers on the child. The purpose of the meeting is to show the child the support system he/she has around them. Everyone contributes to the session, but the session is led by the teachertcoimselor. As the family conferencing session is being conducted, an attendance action plan is prepared simultaneously. At the end of the session, an attendance action plan is in place. Everyone in the session has input as to what should go on the plan that is relevant to the specific needs of the family and child. The plan is then signed by all of the attendees. The Family Decision Making Conference that is strength based and supports care coordination. 2N° TRUANCY COURT HEARING At the second truancy court hearing the judge or hearing officer is City of Miami Contract #1103-1930, Resolution #2011-D7 I 0 youth 8 youth Page 18 of 39 3 contacts Activities/Service Name & Description (Include frequency, length & duration of sessions, as well ns the number of cycles expected to be offered) ' Total # unduplicated •participants to be served (specify if children/youth, parents or others) Whnimanc # participants to be served (guideline is no less than 85% of total) Expected Dosage: Minimum* of sessions n participant will complete informed of the results of the family conrerencing session. In addition, the attendance action plan is submitted to the court for the judge's or hearing officer's review. The judge or hearing officer will ask all of the participants if they arc in agreement with the plan and intend to carry them out. If all parties arc in agreement, the attendance action plan is then ordered. The judge will set another date for a truancy status hearing. TRUANCY STATUS HEARINGS The purpose of the truancy status hearings are to follow-up to determine if the student is making progress with attending school on a regular basis, Any concerns that may arise are addressed at these meetings to ensure that progress is maintained. If after several truancy status hearings the judge or hearing officer feels that the student no longer needs to be monitored, the court sets a Termination of Jurisdiction. in the event that after a period of monitoring the student has made no progress and/or has reverted back to the truant behavior, the court will terminate the case as "Unsuccessful Disposition of Truancy." Once the case has been closed a CINS/PINS will be filed. TYPE 2 ACTIVITIES (less than 3 contacts with participants) Activities/Service Name & Description. (Include frequency, length & duration of sessions) : Total # pnrticipants.to be served_ (specify if , children/youth, parents• . or others) "Total'# of sessions to be offeredby provider across cycles and sites Positive Behavior Plan Awards ceremony will be held towards the end of the school year which will include parents and students with perfect attendance or improved attendance. 1500 Youth (awards activity and/or ceremony Training of Staff Fancily Decision Making Conference Session 8 N/A TYPE 3 ACTIVITIES (Other deliverables that are not direct services) Activities Name & Description Initial Letters to Parents A letter from the Miami Dade Schools Police Chief is mailed to the parent/guardian of the eligible student advising them of a meeting. a. Quality —"How well will we do it?" Count / Number 100 In this section Provider must describe how Quality of the program would be assessed. Some exam/Dies include: 1) procedures or measures to ensure fidelity to the curriculum and quality assurance; and 2) assessment of participants' satisfaction. Narrative: Quality Improvement activities emerge from a systemic and organized framework for improvement. Quality Improvement involves two primary activities. 1. Measuring and assessing the performance of the targeted schools with respect to decreasing City of Miami Contract #1103-1930, Resolution #2011-07 Page 19 of 39 incidents of truancy through the collection and analysis of data. 2. Conducting quality improvement initiatives action where indicated, including the design of new services, and/or improvement of existing services. .:Quallty Measure Measurement and Reporting' Tool Timing #/ % of children/youth participants completing minimum sessions Data Tracker Ongoing #/% of youth very satisfied with program/services provided Satisfaction Survey After completion of truancy intervention program # of staff trained in Evidence Based Model Data Tracker After completion of training (Month after training is held) #/% of matched sets reported for participants meeting minimum number of sessions Outcomes reporting in Data Tracker After completion of truancy intervention program City of Miami Page 20 of 39 Contract #1103-1930, Resolution #2011-07 b. Outcomes — Measuring "Is anyone better off?" Outcomes Outcome Indicators ' - Measurement Tool Timing (when will tools be administered) Associated Activities (from Service Delivery)* Increase school engagement Cohort 1, returning participants: 70% of children/youth (cohort 1) will not accrue more than 10 unexcused absences within the school year. Attendance reports Attendance records will be reviewed weekly and reported at the end of the school year Truancy Prevention Increase school engagement Cohort 2, new participants: 8D% of children/youth (cohort 2) will not accrue more than 10 unexcused absences after pre - intervention services are provided (no needed TSCT meeting level 1). Attendance reports Attendance records will be reviewed weekly and reported at the end of the school year Truancy Intervention Increase school engagement Level I participants: 60% of children/youth will not accrue 5 or more unexcused absences after the TSCT meeting level 1 (no needed TSCT meeting level 2). Attendance reports Attendance records will be reviewed weekly and reported at the end of the school year Truancy Intervention Increase school engagement Level 2 participants: 60% of children/youth will not accrue S or more unexcused absences after the TSCT meeting level 2 (no needed TSCT meeting level 3). Attendance reports Attendance records will be reviewed weekly and reported at the end of the school year Truancy Intervention Increase school engagement Level 3 participants: 85% of registered participants will not reach truancy court. Attendance reports Attendance records will be reviewed weekly and reported at the end of the school year Truancy Intervention *Please list the activity directly associated with the stated outcome (e.g. activity in which tool will be administered). City of Miami Contract #1103-1930, Resolution #2011-07 Page 21 of 39 5, Evidence -Based Programs (EBP) 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 mark 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. Activity/Service Name (from section 4 above) Evidence based program • Designating Agency" Train all grant paid staff members Family Decision Making Conferencing Session The American Humane Association *Please list the name of the agency/organization that awarded the program evidence -based status (e.g. Department of Juvenile Justice, Substance Abuse and Mental Health Services Administration, etc). Cfty of Miami Page 22 of 39 Contract #1103-1930, Resolution #2011-07 ATTACHMENT B: Other Fiscal Requirements, Budget and Method of Payment City of Miami Page 23 of 39 Contract #1103-1930, Resolution #2011-07 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall be limited to governmental entities and not -for -profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children's Trust's Contract Manager and Chief Financial Officer or their designee(s). Advanced funds if not used shall be invested by Provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance payment Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by 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 theft 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 in this 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 (1) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, 'Subcontractor Verification of Payment' from subcontractors of Provider must be included if the Request for Payment includes a request for reimbursement in relation to a payment made to a subcontractor. These forms may be downloaded from The Trust's website. For the purpose of payment City of Miami Page 24 of 39 Contract #1103-1930, Resolution #2011-07 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 Provider will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this Contract, If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding. 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. Requests for payment and/or documentation returned to Provider for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment, The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required documentation. The Children's Trust shall retain any payments due until all required reports or deliverables are submitted and accepted by The Children's Trust. Supporting Documentation Requirements 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 Miami Page 25 of 39 Contract #1103-1930, Resolution #2011-07 GENERAL INFORMATION Organization Name: Agency Fiscal Year: Program lltle: Agency Budget Areas in Blue to be completed by the Agency City of Miami Mayor's Office - Truancy Reduction Program November 1, 2010 - October 31, 2011 Miami Partnership of the Truancy Reduction Plan / Truancy Court Program BUDGET REVENUES Agency Source of Funding Name of Source of Matching Funds for the Program Budget Program Revenues Agency Revenues % of Agency Revenues Trust Amount Requested 5899,269.78 $899,269.70 3.7% Trust Other Funding 0.00/c Total Sources of Revenue Other than The Trust and In -Kind 0.00 23,741,889.38 96.4% Miami -Dade County Grants(Local) 75,000.60 0.3% Federal Grants 638,980,78 2.6% State Grant • 1,000,000.00 4.1% Foundations/Charitable Funds 295,000.00 1.2% Cash/Fees/Other Revenue 0.0% - Cash 0.0% - Program Fees 0.0% - CDS Subsidies for School -Aged children 0.0% - Other 21,732,908.00 88.2% In -Kind Contributions (list below) 236,859.00 236,859.00 0.00 0.03/4 Miami-Dade'County Public Schools Inklnd Match for space and operational support 196,859.00 0.0% llth Judicial Circuit Court Judoe Court Support 30,000.00 0.00/0 City of Miami" Administrative Support 10,000.00 0.0% Subtotal Sources of Revenue Other than The Trust 236,859.00 23,741,889.38 96:40/o Total Budget - Revenues $ 1,136,128.78 $ 24,641,159.16 100.0% BUDGET EXPENSES Program Expenses Agency Expenses of Agency Fxnencec Total Program Budget 4•5% Total Agency Other Expenses - 95.4% Total Budget - Expenses . 100.0% Variance $ 1,136,128.78 I $ 24,641,159.16 Attachment B, Contract #1103.1930, Resolution #2011-007 Page 26 of 39 Rev 4/10 Lemma Period: Organization Name: City of Miami Mayor's office - Truancy Reduction Program November 1, 4010 -October 41, 2011 12 months Program Budget Areas in Blue to be completed by the Agency PROGRAM BUDGET . • .insert Program Period - . Insert Program Period .:_ Requested Funding Matching Funds 3ustificatlon SALARIES: % (Amount % (Amount List Full -Time Employees Annual Salary position 112 mths) 0.00 wearily smaents, aatrwure ana poor letters, scneoule Iruancy Child Study Team Meetings, attend meetings, oversee teacher/counselors at each school and work closely with the Program Director. Annual Salary is 50,000.00 ($24.04 x 2080 hours) The TIP Special Programs Specialist currently assists the Program Director with all aspects of the Truancy grant. TIP Administrative Assistant maintains all databases, prepares statistical rapists, assists wllh monitoring of grant deliverables. In addition, he/she is respor0ible for scheduling all truancy child study team meetings levels 1 through 3, coordinates and prepares locates with Miami - Dade Schools Police Department as needed, and also links parents/guardians and students to needed services, TIP Coordinator TIP Special Programs Specialist 50,000.00 45,000.00 •t00% Ido% 50,000.00 _95,000AO 0.00 0.00 _ Full -Time Total ', ', .' List Part -Time/Seasonal Employees - 2.00 . ' 95,000.00 • .:0.00 : 0.00 1-Education initiatives Coordinator 50,000.00 0,00 10% 5,000.00 The Oty's Education Initiatives Coordinator assures contract compliance, fiscal responslblllry and coordinates the Implementation of the program between all parties involved. 1- District Director 100,000.00 0.00 1o% 10,000.00 Provides fiscal and programmatic management. 30-School Site Administrators 562,500.00 0.00 10% 56,250.00 Supervising program director and teacher/counselors and supervisors reporting to his work location. In addition, the director is the appointed superintendent's designee for filing truancy petitions and represents the superintendent In all truancy omrrrdinos 15-School Support Personnel 187,500.00 0.00 10% 18,750.00 Teacher/Counselors will be the care coordinators at the Identified schools. 2 Circuit Court Judges 300,000.00 0.00 10% 30,000.00 Clerk of the Court Is responsible for generating truancy court summons, setting court dates, entering court hearing information into the Miami Dade County Mainframe System; maintaining truancy court flies; and appearing at all truancy court hearings. Part -Time Total ' - ""0.00 '-_.0:00 -.• 0.50' • d20}000.00 .. ; TOTALFTE,SA 1-ARIFS 2.00 $95,000.00 .5D 0120,000.00 FRINGE BENEFITS - Fica/Mica Rate: 7.65% 7,257.50 9,180.00 W-Comp's Rate: 2.62% 2,489.00 3,144.00 Unemploy • Rate: 0.00 0.00 Retirement Rate: 5.579'. 5,291.50 6,684.00 Other Specify E. provide calculations Health Ins. Cost per Staff 14% 13,300.00 Ufe ins. Rate: 5% 4,750.00 Rate: 16.15% 15,342.50 . iTOTAL'FRINGE BENEFITS ' $48,440.50 $19,006.00 Exceed 30°r° of TCf Requested Salaries PROGRAM OPERATING EXPENSES - : i '. .. ...:,:Cost .`t Travel (other than participants) 1,900.00 - 2 staff persons 35 miles a week per Staff person for meetings, site vislts, and Children's Trust meetings @ 4,50 a mile x 40 Weeks dates, 10 1 Bus & Metro -Rail passes for parent conferences, truancy court or appointments related to interventions, A minimum of passes per student. (anticipated number of students served 500 value.543.50 oec.Studentl Travel (participants) 5,250.0D Meals (participants) 1,479.00 Cost Conferences Conference. .__.. of meals for Family Decision Making Conterences.20 - approximately 15 people per conference ks $4.93 meal reimbursement = $73.95 per Family Decision Making Conferences take place In the late afternoon & veninbs.and_last ahnnt_1,_4-hnur-s.ln lennth.______.....- ._..._.._ Space (rent of a building) _ 36,000.00 $3,000 teacher/counselors, Administrative Lonfecences„and a month space and utilities for office space for Program Director, TIP Coordinator, and TIP Assistant. City of Miami Space - Meeting Rooms, 2nd-Affice 95 000 00 Utilities (e.g. telephone, utilities) 1,200.00 41,100.00 AT&T Coordinator 41200.00, Coordinator, phones, Wireless Card service for Program Director and TIP - $50 per month for 12 months = $600.00 x 2 = In addition, M-DCPS provides Program Director, TIP TIP Special Programs Specialist with access to faxes, computers, and utilities in -kind. Supplies - office (e.g. paper, printing, postage) 6,000.00 $500 a month for office supplies. Supplies - program (e.g. curricula, books) 11,271.00 This money Is being utilized to purchase basic neetls Items for Non -Capital Equipment (less than 01,000) (List each) ' 0.00 - - 7600:00 -"'- '= M-DCPS provides TIP Coordinator & TIP Program Specllalst with non -capital equipment. Fax machine and telephones. Capital Equipment (greater than $1,000) (List each) •r0.00 - . '20,154.00 Attachment D. Contract A1103.1930, Resolution n2011-007 'IC'I TOW Line Line Item Item % % 11W° B°, 0% 11% 5% 6% 0% 0% 1% 0% 0% 0% 0% 4% 1°/n 1% 3% 1% 0% 0% 0% 0% 0°/, 0% 0% D% 0% 2% age 27 a13s Rev 4/10 :Desktop Computers and Punters !Subcontractors (List each) 0.00 Professional Services/ Independent Contractor 653,229.28 Ontructors Certified teachers) Tutor(s) Consultant(s) Professional Services - Additlona ist each) 653,229.28 Miami -Dade County Public Schools 638,980.70 Clerk of the Court 6,328.50 Family Conferencing Decision Making Professional Development - IChoices et al, Inc. 7,920.00 Other Advertising 18,000.00 18ackground screening (Admission to field trips Other - Additional (List each) 18,000.00 !Program Specific Audit 18,000.00 TOTAL OPERATING EXPENSES: $697,629.28 Administrative/Indirect Costs (Can not exceed 10%) 6% 58,000.00 TOTAL BUDGET $899,269.78 Program Budget 20,151.00 f4-DCPS provides program director, TIP coordinator, and TIP Special Grants Specialist with (iN-KIND)(3) Desktop Computers P $1,239.00 = $3,702.00; HP Punter 3000 $ 1,161.00; Binding System 8s $1,895.00, and Ultra tight Proxima N3 $3,393.00. rnnsuitachinP _ .1f1.0(1f.On 0.00 I 0.00 0.00 Staff, Part -Time Hourly, and Travel (ln-County, Out of County and Conference Fees, Hotels, Flight, Meals Per Diem) Clerk of the Court Is responsible for generating truancy court summons, setting court dates, entering court hearing information Into the Miami Dade County Mainframe System; maintaining truancy court files; and appearing at all truancy court hearings. Clerk of the Court will be paid 2.8 hours at an average hourly rate of $22.29 (2:00 p.m. - 4:45 p.m.) and .8 hours at average over- time hourly rate of $26.75 (4:45 p.m. - 5:30 p.m.) _ $89.16 + $37.40 (Fringe P 41.95%) for a grand total of or $126.57 a day. $126.57 x 50 days B $6,328.50 Choices et al, Inc. will provide professional development in the Family Conferenclng Decision Making Model. Preperatiou and Supplies: $1,440.00 (12 hrs. x $120.00) 3 Day Training: $ 2,880.00 (8 hrs. x 3 days x $120.00 per hour); Follow -Up Training 6 Co-Fadllta0on to Complete Certification $3,600.00 (10 sessions x 3 hrs. x $120.00) I 0.00 0.00 $97,851.00 0% 29 0% 09 0% 0%: 0% 0% 0% 0% 0% 0% 0% 0% 73% 57% 0% 0% 0% 0% 0% 0% 0% 0% 73^le 57% 73% 56% 1% 1% 2% 2% 0% 0% 0% 0% 0% 0% 2% 2% 2% 2% 0% 0% 0% 0% 0% 0% 76% 70% 6% 5% 26%I 9236,859.00 - 10000 100% TOTAL PROGRAM COST (REQUESTED FUNDING AND MATCH) must agree with Total Program Budget on Agency Budget worksheet $1,136,126.78 Page 28 of 39 Attachment 8, Contract a1103-1930, Resolution a2011-007 Rev 4/1D Contract Period Organization Name: City of Miami Mayor's Office - Truancy Reduction Program Subcontractor Name: (Miaml-Dade County Public Schools November 1, 1010 - October 31, 2011 12 months M-DCPS - Subcontractor Budget Areas in Blue to be completed by the Agency PROGRAM BUDGET ...,.:...Insert Program Perind-`_:_ ::.. Insert'Program•Penod_,:" Requested Funding : Matching Funds 3ustlflcatlon SALARIES: % !Amount % (Amount List Full -Time Employees Annual jalary Position (17 mots) Program birector 86,498.12 3004e 06,498.12 0.00 $86,498.12 Research best practices, COOrdinate and facilitate meetings, analyze data, draft reports of findings Oversee day to day operations of TIP and Truancy Court functions and manage grant expectations and data collection. Facilitate collaborators' communication and assure that planning coordinators input Is put to use wlORn the current pilot pro0ram. Also recruit new service partners. 7- Teacher/Counselors (10 months) 49,273.77 70016 344,916.39 0.00 $49,273.77 annual salary teacher/counselors who will be the care coordinators at the Identified schools, (10 MONTHS) 0.00 0.00 0.00 0.00 0.00 0.00 Full -Time Total List Part -Time/Seasonal Employees • 8.00 431,414.51 0.00 0.00 Miami Dade County Public Schools Pollee 20,000.00 1.00 20,000.00 0.00 Miami -Dade School Police will locate students/families for the delivery of TIP notification and for Truancy Court Summons. They will additionally Follow up with families If they do not attend a required meeting. Miami Dade County Public School Officers will dedicate 575 work hours at a maximum rate of $40.00 per hour averaging a total of 20 hours per week = $20,000.00. 0.00 - 0.00 0.00 0.00 0.00I 0.00 0.00 0.00 Part -Time Total 1.00 20,000.00 0.00 0.00 TOTAL 170o/SAIARIFS 9.00 $451,414.51 .00 $0.00 FRINGE BENEFITS FICA/Medicare Rate: 7.65% 34,533.21 0.00 workers Comp Rate: 2.19% _ 9,885.98 0.00 Unemploy/Llab Rate: 0.63% 396.90 0.00 Retirement Rater' 10.97% 49,520.17 0.00 Other Specify & provide calculations Health Ins. Cost per FTE: $7,471.00 59,768.00 $7,471 for 8 full Ume staff personnel only Life Ins. Rate: Rate; M-DCPS Fringe of 13.79% plus FICA above. For 21.44% TOTAL FRINGE BENEFITS $154,104.26 $0.00 Exceed 3094: of TCT Requested Salaries TOTAL PERSONNEL COSTS: $605,518.77 Cost PROGRAM OPERATING EXPENSES: Cast Travel (other than participants) 12,087.01 . .... Mileage for 7 teacher/counselors t0 conduct home visits and 1 program director (a total of 8 full time staff) to cover costs of visiting schools, governance board meetings, and service partners. (40 miles a week' per staff person for home visits meetings, site visits,:and Children's Trust meetings @ $.50 a mile, this will Include the cost of tolls and parking fees If applicable). Cost of Mileage wlthodt tolls'and parking fees Is $6,640.00(does not include tolls and/or parking.fees) The program director Is 52 weeks and teacher/counselors Is 40 weeks a year. Out of county Travel - $5,447.01 for program director, director, and teacher/counselors to attend conferences and symposiums. Travel (participants) Meals (participants) Space (rent of a building) Utilities (e-g. telephone, utilities) --------- Supplies - office (e.g. paper, printing, postage ) Supplies - program (e.g. curricula, books) u Non -Capital Equipment (less than $1,000) (List each) 0.00 0.00 Capital Equipment (greater than $1,000) (List each) 0.00 I 0.00 i !Subcontractors (List each) 0.00 0.00 IProfessional Services / Independent Contractors 0.00 I 0.00 I Innvctors - Page-29 13 �n rCertifletl tEedd ment.8 _ConOac11103-194n InhereOJl+° •r. :Rev A/1 !Tutor(s) TCT Tots Line Lint Item 94, Item 613% GBr 3% 3°. 71% 714 24% 245 2% 2/ 0% Dw 0% 0°F 0% 0% 0% ON 0% OF D% ON 0% O% 0% 04' 0% 00/ 0% 0°l o% 0.A 0% 0w 0% 04i 0% 0w 0% 0°A 0% 0A 0% OW 0% 0w Mc DM 5 0% 091 g 0% 09'i 0% D% : Consultant(s) Professional Services - Additional (List each) 0.00 Other 21,375.00 ' Advertlsin l Background screening IAdml5slon to field trips [Other - Additional (List each) P1-DCPS Database Customization for Truancy Reports 21,375.00 21,375.00 TOTAL OPERATING EXPENSES: TOTAL PERSONNEL & OPERATING EXPENSES: Administrative/Indirect Costs (Cannot exceed 10%) $33,462.01 0% $6311,980.75 TOTAL BUDGET $638,980.78 M-DCPS - Subcontractor Budget 0.00 0.00 0.00 M-DCPSITS department will create truancy reports, update truancy screens on database, and provide data for end of the year analysis electronically: This Is a one time expense. $0.00 . $0.00 TOTAL PROGRAM COST (REQUESTED FUNDING AND MATCH) must agree with Total • Program Budget on Agency Budget worksheet • Attachment B, Ganlrecl t 103 193D, Reloluikm 82011-007 56311,980.7e Page 30 of 39 Rev 4/10 0% 0% ( 0% 0% 3% 0% 0% i 0% I 3% 3% . 0% 1 0% 0% 1 5% . 100% 100 0% ( 0% ( 100% 100 Staffing Pia Organization Name: City of Miami Mayor's Office - Truancy Program Staffing Plan must EXACTLY match the paid and In -kind staff, volunteers, consultants and sub -contractors described in Attachment A and listed in the Program Budget. Add or delete rows and adjust links to the Program Budget as necessary. Justification iIG _. .a=.,i * � - ( J ifia041 alroW ...staff E( k{ M posltiong. r.e added in the - Prnram Budgetf'pleaseadd r rotas below in the allP,im gate se4 ii�and arbast heijfiit � 3> +` t ht iz $' �" %! (-� 5r ` S f of Staff r� } zk ... f hh-#rH �. ,. ^q g t' -C .� i. '� 1. p j. � � < j n K y C .i, `i Y} y y ..i f trailcations Q l , iRe umed Minimum Educatro e r I& Experience r` r 4 rt i r -4 4 liA = r-r4 {�}w 'r Y'Y ./c .� (. y, T .,. ( } ^�a S -i4 s 1 f 1 r J 3 "Descrjptron of responstbriittes r i } y'r, r .i r s, utlelatedAo the program descrbed m the-Scopehof 4 ! z z f a Services . F, s, f i3 tt A�, y .r 6P," ri -: 5 S �* l 2, "" 5 List Full -Time Employees Program Director 1 Master's Degree Research best practices, coordinate and facilitate meetings, analyze data, draft reports of findings Oversee day to day operations of TIP and Truancy Court functions and manage grant expectations and data collection. Facilitate ' collaborators' communication and assure that planning coordinator's input is put to use within the current pilot program. Also recruit new service partners. Teacher/Counselors 7 Bachelor's Degree Teacher/Counselors will be the care coordinators at the identified schools. TIP Coordinator 1 Master's Degree TIP Program specialist 1 Bachelor's Degree The TIP Programs Specialist currently assists the Program Director with all aspects of the truancy grant. TIP Administrative Assistant maintains all databases, prepares statistical reports, assists with monitoring of grant deliverables. In addition, he/she is responsible for scheduling all truancy child study team meetings levels 1 through 3, coordinates and prepares locates with Miami -Dade Schools Police Department as needed, and also links parents/guardians and students to needed services 0 0 0 0 0 D 0 0 0 0 0 0 List Part -Time/Seasonal Employees Miami Dade County Schools Police P/T employ ees Police Academy Training ' Miami -Dade School Police will locate students/families for the delivery of TIP notification and for Truancy Court Summons. They will additionally follow up with families if they do not attend a required meeting. 1- District Director Certification in K- 12/Adult/Voocational Administration Provides fiscal and programmatic management. Attachment B, Contract # 1103-1930, Resolution # 2D11-007 Page 31 01 3E Rev 4/1 C 30-School Site Administrators Certification in K- I2/Adult/VoocationaI Administration Staffing Pla Supervising program director and teacher/counselors and supervisors reporting to his work location. In addition, the director is the appointed superintendent's designee for filing truancy petitions and represents the superintendent in all truancy proceedings. 0 2 Circuit Court Judges The _judges will preside over every truancy court hearing or follow-up hearing. Professional Services Intructors Certified teacher(s) Tutor( Consultants) Miami -Dade County Public Schools Clerk of the Court Clerk of the Court is responsible for generating truancy court summons, setting court dates, entering court hearing information into the Miami Dade County Mainframe System; maintaining truancy court files; and appearing at all truancy court hearings. • Family Conferencing Decision Making Professional Development - Choices et al, Inc. Choices et al, Inc. will provide professional development in the Family Conferencing Decision Making Model. List: Volunteers Attachment B, Contract f! 1103-1930, Resolution 1J 2011.007 Page 32 of 39 Rev 4/10 ATTACHMENT C: Programmatic Data and Reporting Requirements City of Miami Page 33 of 39 Contract #1103-1930, Resolution #2011-07 ATTACHMENT C Service Partnership Programmatic Performance and Data Reporting Requirements Contract .No. 1103-1930 Agency name: City of Miami -Office of the Mayor Program name: City of Miami Truancy Reduction Plan 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. Minimum 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: demographics 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). PARTICIPANTS 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., new 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 Proficiency (yes/no) • 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) • If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment '(or blind), Other] • Documentation of Disability (Individualized Family Service Plan; Individualized Education 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 Miami Page 34 of 39 Contract #1103-1930, Resolution #2011-07 disability, a hard copy of the selected documentation must be kept within the participant's file for monitoring purposes. • Is participant (information to be reported in the Quarterly Narrative Report): o A child of a migrant farm worker (i.e., parent/caregiver crossed county or state Iines in search of temporary or seasonal farm work within the past 36 months) o Involved with the Dependency System (e,g., DCF, Our Kids, full case management agencies, dependency and family courts) o Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs) Children with Disabilities - The Children's Trust expects all programs 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 PERFORMANCE MEASURES Recruitment / Attendance - How much are you 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 of Services). • Mid -Year Review Expectation: For type 1 activities, recruitment must be 100% 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 expected 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), 100% of the contracted number of participants to be served must be served by the end of the contract period. Retention / Dosage - How well are you doing? (for activities with 3 or more contacts with the same participant) • 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 the total number of sessions. • 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 Contract #1103-1930, Resolution #2011-07 Page 35 of 39 sessions expected to be completed. The expected target is 50% completion 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 minimum number of sessions. The expected target is 85% 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), 85% 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 1 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 Overall 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 100% 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 anyone 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 85%) 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 Review Expectations: All programs 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. Outcomes Achievement • 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. • Mid and End of the Year Expectations: The Children's Trust expects at least 95% achievement. That is, provider should be no Tess than 5% below the performance measure target percentage. No points are awarded if the percent achieved is less than 60% of the target. OUARTERLY PROGRAM NARRATIVE REPORT • The Program Narrative Report captures a brief report of the program's successes, challenges, and 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 36 of 39 Contract #1103-1930, Resolution #2011-07 TRAINING 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 and/or program staff at the following trainings annually: New and Renewal Contract Development and Contract Management trainings, Quarterly Provider Meetings,. and other topical trainings offered throughout the year. • AI/ Children Together (ACT) Resource Network (http://ccdh.ora/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 of 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. REPORTING SUBMISSION AND DATA ENTRY • 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 Frequency Due Date Outcomes Measurement and Results (electronic submission in Data Tracker) Monthly By 15th of each month for the previous month Demographics, Attendance, and other quantity data (electronic submission in Data Tracker) Monthly By 15th of each month for the previous month Quarterly Program Narrative Report (Word) Quarterly For November, December and January - DUE FEBRUARY 15, 2010 For February, March and April - DUE MAY 15, 2011 For May, June and July - DUE AUGUST 16 2011* For August, September and October - DUE NOVEMBER 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 the duration of this Contract term to facilitate referrals. Evidence 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 Contract #1103-1930, Resolution #2011-07 Page 37 of 39 Attachment D 'Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section 0.2. Financial Audit and Program Specific Audit 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 B; (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 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 used 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 unallowable 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 results of the tests; A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's Trust contract that includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs. City of Miami Page 38 of 39 Contract #1103-1930, Resolution #2011-07 ATTACHMENTS Affidavit for Level 2 Background Screenings Affidavit Affirming Compliance with Background Screening for Provider Personnel and/or Volunteers, Subcontracted Personnel, as applicable In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared (CEO/Executive Director) Authorized Provider Representative of (Provider Name) Name of Contracted Provider , who being by me first duly sworn, deposes and says: (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, Swornto and subscribed before me at Miami -Dade County, Florida this day of , 2009 by _Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: City of Miami Page 39 of 39 Contract #1103-1930, Resolution #2011-07