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HomeMy WebLinkAboutExhibit 1"Form to be updated by City and Trust for FY 201.1-201.2 for new grant term beginning August 1, 2011 through July 31,2012" FY..2010-.2011 CONTRACT NO. ###-### BETWEEN THE CHILDREN'STRUST AND CITY OF MIAMI FOR [OOS, PP, SPP, etc. ,] 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 be from August 1, 2010 through July 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 forthe servicesfunded. 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 S.cope 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 $ . 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 Page 1 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY.2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 toThe Children'sTrust.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 and any subcontractor to this Contract have authority to communicate and exchange Information about contract, program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and 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 limitatiansTand sovereigrrirrrm.urrity-provisions-of Florida-StdLute-s City of Miami • Page 2 of 31 • Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant 'term beginning August 1 .2011 through July 31, .2012" 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. 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 shall not use any funds under this Contract,lor 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 attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur 'as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners; principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. —G—COPYRIGHTS AND-RIGHT=T-O-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 City of Miami Page 3 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, .2012" • 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, Horida 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 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; • • 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. • Falls 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 shiall no a ec or ren er City of Miami Page 4 of 31 Contract #XXX-xxxx, Resolution #201D-xx "Form to be updated by City and Trust for FY 2011-201.2 for new grant terra beginning August 1, 2011 through July 31, 2012" 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 iri 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 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 an.d .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 thls Contract against Provider including but not limited to filing an action witha 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-appropr-iate ju.r-isdiction,incl.uding-r-easonable_dir..ect_and_iadirect-__.____ 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. J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of . intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Provider shall have Provider's • insurance agent(s) provide to The Children's Trust within 30 days . of contract execution,- Certificates of Insurance or, if applicable, a letter of self-insurance indicating coverage applicable to a Florida municipal corporation required underthis section or as determined by The-Children's Trust, except as City of Miami Page 5 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 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 end .showrL 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 Providerfor 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-Chiidren'sTrust-but-not-less--than—$2507000-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. rentificate Holder City of Miami Page 6 of 31 • Contract #XXX-xxxx, Resolution t2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, .2011 through July 31, 2012" Certificate holder must read: The Children's Trust .3150 SW 3`'d Avenue, Sth 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. In the event that an insurance policy or coverage(s), as applicable, is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from Provider until a new Certificate of Insurance or other evidence of coverages) 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 (5) 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/CEO. Notices to Provider shall be marked to the attention of the City Manager. It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under this Contract; mailing address, and/or telephone number. City of Miami • Page 7 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to.be updated by City and Trust -for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 reports) on other matters related to internal control, for each year during which this Contract remains in force and until all funds expended from this Contract have. been audited. If no management letter or report or other matters related to. Provider's internal control is prepared by the independent audit firm, Provider must confirm in writing to The Children's Trust that no such report was submitted to Provider. This audit shall be conducted in accordance with auditing standards generally accepted in the United • States of America and standards contained in the Government -Auditing Standards issued by the Comptroller General of the United States. Providers that are required to have a single audit conducted under 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 1.80 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 the_.an.nu.al_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. City of Miami Page 8 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 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)_alLoa rticipant_attendance_recor_ds;_(7_)__p ar_ticipaat_ co.ns.eat_and i.nf_or_m.ati.ors_r_elease_forms;._(.8)___.._.._.. agency policies and procedures; and (9) such other informatidn 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 datethat 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 info rmatlo wlllch-treed-is-relate-d-to-performance-of-a resporrsibitity-here under—HoweverT this Contract-irnposes City of Miami Page 9 of 31 Contract #XXX-xxxx, Resolution #2D10-xx - "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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. 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, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, •as 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. City of Miami Page 10 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" • 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 . prb.hibits 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 ag.e; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations .because. of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. . 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor.._list_folLo_wing_a_co.nvietionJor a Public Entity Crime may not submit a bid on a contract provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier,' sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided .in Section 287.017, Florida Statutes, for Category Two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics, Ordinance, www.miamidade.gov/ethics/library/Ethics-Brochure-2005.pdf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of, interest provisions throughout the course of this Contract and in cunneulian with its 'obligations -hereunder. City of Miami Page 11 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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- 80D-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. Providershall 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. S. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its and their respective policies including but not limited to confidentiality, incident .reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. 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. City of Miami Page 12 of 31 Contract #XXX-xxxx, Resolution #20107xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning. August 1, 2011 through July 31, 2012" Provider will ask participants to sign a voluntary Consent to Photograph form. The forrn 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 Childre.n'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,..witho.ut 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 byThe 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-an.y-.other_.materials_for__dissem.i.nati.o.n_to. tbesn.edia._o.r...genera.L.public_ ______ __ _ . __________ _______ _ English: City of Miami and ProgramNarn,e 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 Program Name este financiado=por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es un'e fuente -de financiacidn, establecida por referendum para mejorar las vides de nifios y families en el Condado de Miami -Dade. Kreyol: City of Miami and ;ProgramName 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 Myaml Dade., City of Miami Page 13. of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 andplural 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 14 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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#, 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: Julie 0. Bru, City Attorney County Attorney Date: Date: Approved as to Insurance Requirements: By: ry_Reshefsky,_Interim_Acting Director of Risk_Management Date: This contract is not valid until signed by both parties City of Miami Page 15 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" ATTACHMENT A: Scope of Services City of Mlami Page 16 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Attachment A Initiative: Agency name: Contract No. Program name: 1. Description of Services (Limit to 100 words): 2. Target Population or Participants (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): z f t `s `""q'r -a i -S— 'rJ ` {- i 5 � " r t f � �f Q41 � i ' ar as r � �, h` - r _ 7 '� s a.,,�P.,ari:icipanth.;r�.a$,��ri^ �?�� Total_n ;Aber'rofiundarilicate`d ;3,'p .,zr'S` l�S & - .. 1.c a ` ` "� ,�� , spa__ ragaptsgexpected sreepw_e r iintensrvey4TY - i service'��yip Vpe� —IotaWET —er of par1:`,v in 6,� A . ,r C . 1: +.N- -e.- lr expected to a-cewwipe 1; services' a 'h , r 1 ,�y�* I' k �'E P y yid '� �\# i (,(ess,.., an 3,,uiat:.ntlaelzconta:c 3,y 'I.� "` '71 � g �r��:v(�+:cntenrle,d�conta.cts=)<�.,.-_�� ,--.�.� Children/Youth Parents/Primary Caregivers Other populations (e.g., staff professionals, general public) , Description of participants to be served: 3. Service Locations: Site Addr ss y{ -�'; t f' e F.:,ta�i:.:�3.� ti� i'3E._.. K , Sice��hahe Nurnbe� .._ _' . .2 Site Narr�e City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 17 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 4. Performance Measures: a. Quantity- "How much will we do?" E 1 ACTIVITIES (3 or more contacts with participants) A ;< , `' "t„ �' w CL N l r ',r _ It r Fr Acttvt ---" Service Arne Descrtptton ,1. �( Include fre uenc len th & durattonrof sesions; G y�A 9 f i - r ' as well as'ihe number of cycles�expectetlto be; < tioffer.ed andaentative sehed!u!e' .,,,�,, ..,. i.,,.....,.Parenfs Tiotal #Dynduplicated 5 yiarttct ants to�be . P e,vetl'(specrry tf a h' { ' Expectecl� (,7 MIn1mUrn #, of a k r , ss , sess►ons a Y 4parttctpant will �Y. .. compl'ete�.,_,:,:,:: children/youth, ,or.}off 'ers) }t.• TYPE 2 ACTIVITIES (less than 3 contacts with participants) z,- �i r•r •* -t y /. MFi s: i _.,,- �"�.. �t .X ti r! klia- , i -� t ;, -Fv.'s a r_ r K. Total #�partterpants,�, Ito be;serue (spsctf�y,� $ r Tota l 4.2. i. �.+1s. : � -r sesstp s to be ofrered bY, giprovtde.riacross �J fi �sttesz i i � hF u A6 wifies/,enhv e,. me & DeacrtptAon .t (Zaclude�'frequeneyen'gth &duration or sessions; A tf children/y uth, :� -.Plarents�orofhers,3)�`cy..cle3an - r andatenta;tive,scF►;edule7r . ,��� TYPE 3 ACTIVITIES (Other deliverables that are not direct services) Activi.ttes Mamex&;Deser,:.isptton '�,..,.,,f _.. ..Gount:sr" umber; _Ai_ ..,._._ .,_.. b. Quality —'How well will we do it?" In this section Provider must describe how quality of the program would be assessed. Some examples include: 1) procedures or measures to ensure fidelity to the curriculum and quality assurance; and 2) assessment of participants' satisfaction. City of Miami • Page 18 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" c. Outcomes - Measuring "Is anyone better off?" 1 $ T•i L 3 It i ;rru h1��Gyi.re �— 3 " Da a. ° C�q kS so T+`S °, i 'S�..5� ? 4 . �jjJ £i 4c��YE 'tYli'G?'.+,i4� �'1ai a d r l' E° f9 ima • A. is 'I *Please list the activity directly associated with the stated outcome (e g. activity {n which tool will be administered). 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 connectiohs. 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. -'62 Act{uity/Service Marne �' _ter - - secti.on 4 ab.ov 7) Evidence based program i °T ' :Des{gnat{ng�A9i Y* I:�� . sU Z r _. .mr• -4-.' .. ,.z.. t + � � . c 3. ,_ *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). 6. Staff Qualifications: Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Staffing Plan worksheet in the Budget (Attachment B). City of Miami Page 19 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" ATTACHMENT B: Other Fiscal Requirements, Budget and Method of Payment City of Miami Page 20 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 Providerin order for an extension request to be considered by The Children's Trust. Budget revisions Budget revision(s) require prior written approval from the "Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions •must be submitted to the Contract Manager using the appropriate form, as determined by The Children's Trust. Provider must request a budget revision to add, delete, and/or modify any line item(s). Budget revisions cannot be used to modify the total contracted amount nor can they be used to modify the Scope of Services. No more_ than two (2) budget revisions.ma.y..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-thisis-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 (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to thls 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 City of Miami Page 21 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July '31, 2012" 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 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 --eontractrand-shalt 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 22 of 31 • • Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July,31, 2012" 1 ATTACHMENT C: Programmatic Data and Reporting Requirements City of Miaml . Page 23 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" ATTACHMENT C Program/Initiative Programmatic Performance and Data Reporting Requirements Contract No. Agency name: Program name: Provider shall submit to The Children's Trust individual participant demographics, attendance, and performance measures as noted In the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcomes data into The Children's Trust web -based reporting system (Data • Tracker) and submission of narrative reports. Provider's use of Data Tracker requires. mandatory training (provided by The Children's Trust) and a user login name. 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: demooraohics 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 Tess 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 locations) 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] City of Miami Page 24 of 31 Contract #XXX-xxxx; Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" • 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 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 (Le., parent/caregiver crossed county or state lines 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 welt 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. City of Miaml • . Page 25 of 31 • Contract #XXX-xxxx, Resolution #2010-xx 41 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011. through July 31, 2012" • 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 . 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 sesslons.,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 — fiow•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 aw.arded 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 ti 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. City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 26 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant ter-rn'beginning August 1, 2011 through July 31, 2012" • Mid and End of the Year Expectations: The Children's Trust expects at least 95% achievement. That is, provider should be no less than 5% below the performance measure target percentage. No points are awarded if the percent achieved is less than 60% of the target. QUARTERLY 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. 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. • All Children Together (ACT) Resource Network (http://ccdh.oro/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 andconsultation 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 e.nd of the quarter. SCHEDULE OF REPORTS DEADLINES Required Report-- Reporting __ Due Date ---- Frequency 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 August, September and October - DUE NOVEMBER 15, 2010 For November, December and January - DUE FEBRUARY 15, 2011 For February., March and April - DUEMAY162011* City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 27 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" SCHEDULE OF REPORTS DEADLINES For May, June and July - DUE AUGUST 15, 2011 *If the due date falls on a weekend/holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI • Provider shall create and/or update agency Community Resource Directory maintained accurate information for the duration of this profile(s) has been created or updated must execution of this Contract. and program profiles, •and site(s) information in the by Switchboard of Miami. Provider shall maintain Contract term to facilitate referrals. Evidence that the be provided to the Contract Manager within 30 days of City of Miami ' Contract #XXX-xxxx, Resolution #2010-xx Page 28 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through Juiy 31, 2012" 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 ironies 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 paymentmethod, 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 29 of 31 Contract #XXX-xxxx, Resolution' #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" ATTACHMENT E Affidavit for Level 2 Background Screenings • Affidavit Affirming Compliance with Background Screening for Provider Personnel and/or Volunteers, Subcontracted Personnel, as applicable In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph 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. Sworn to and subscribed before me at Miami -Dade County, Florida this day of , 2009 by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: ------------ City of Miami Page 30 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Attachment F. Performance Improvement Plan Contract No. XXX-XXX Agency Name: XXX Program Name: XXX Performance Improvement Plan By this attachment a performance improvement plan will remain.a part of this contract until Provider has corrected all deficiencies, as solely determined by The Children's Trust. Provider agrees that any findings, reports and underlying work papers will be subject to complete .review by The Children's Trust. Provider agrees to comply with and implement the Performance Improvement deliverables as listed• below as part of a plan approved by The Children's Trust. Failure of Provider to comply with the Performance Improvement Plan as set forth in Resolution #200X-xx will be a material breach of this contract as defined in Section I. Performance Improvement Plan ' I, apacity L. F(' ---1h 3J Noteeficiencies :. ir--7,� 3 ir 4 . g ��fi ..,. s1 � .sAction.Pan � ij 'it,.x f -i ;r Wi t_ t'f�. _.,. Due. .ae Programmatic • Fiscal /Administrative City of Miami - Page 31 of 31 Contract #XXX-xxxx, Resolution #2010-xx. DRAFT to be Updated Service Authorization Letter July 11th, 2011 Ms. Constance Goudie Conee, Inc. 11551 SW 88th Street Miami, FL 33176 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Families First Parenting Program of the City of Miami funded through The Children's Trust ("Families First") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of August 1, 2011 for the Families First Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its , 2011 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and The Children's Trust are moving forward to complete their document execution processes and the document execution processes with each of you for the Fiscal Year 2011-2012. The City Commission has authorized moving forward with the Families First Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. 11- , adopted , 2011, a copy of which is attached hereto and incorporated hereby. The Fiscal Year contract that each Service Provider has with the City of Miami will be for the service period beginning August 1, 2011' to July 31, 2012. During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furthermore, each Service Provider shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed for the City of Miami Department of Grants Administration under the Families First Program. These requests for payment shall be submitted on or before the tenth (loth) of the month following the month in which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. Draft form of Service Authorizatim Letter If you have any questions, feel free to Esther Balsera, Education Initiatives Coordinator at 305- 416-1532. Thank you for your participation as a Service Provider. We look forward to working with you in the Families First Program. Sincerely, Lillian Blondet Interim Director City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for Families First acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Draft form of Service Authorizaticn Letter DRAFT to be Updated Service Authorization Letter July 11th, 2011 Ms. Maria C. Carreras Exceptional Consulting for Educational Leaders 7891 SW 57 Terrace Miami, FL 33143 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Families First Parenting Program of the City of Miami funded through The Children's Trust ("Families First") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of August 1, 2011 for the Families First Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its , 2011 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and The Children's Trust are moving forward to complete their document execution processes and the document execution processes with each of you for the Fiscal Year 2011-2012. The City Commission has authorized moving forward with the Families First Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. 11- adopted , 2011, a copy of which is attached hereto and incorporated hereby. The Fiscal Year contract that each Service Provider has with the City of Miami will be for the service period beginning August 1, 2011' to July 31, 2012. During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furthermore, each Service Provider shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed for the City of Miami Department of Grants Administration under the Families First Program. These requests for payment shall be submitted on. or before the tenth (10th) of the month following the month in which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. Draft form of Service Authorizatim Letter If you have any questions, feel free to Esther Balsera, Education Initiatives Coordinator at 305- 416-1532. Thank you for your participation as a Service Provider. We look forward to working with you in the Families First Program. Sincerely, Lillian Blondet Interim Director City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for Families First acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Draft form of Service Authorization Letter "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Fiscal Year 2011-2012 PROFESSIONALSERVICES AGREEMENT BY AND BETWEEN CITY OF MIAMI AND «CAPS_CONTRACT NO. «Contract_ Number»» BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI FOR THE «Program_Name_CAPS» PROGRAM THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter `Agreement") by and between the City of Miami, a•Florida municipal corporation whose main address is City Hall, 3500 Pan American Drive, Miami, Florida 33133 (hereinafter the "City") and «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit»» corporation whose main address is «Main_Address»» «Address_City_», «Zip_code»» Florida (hereinafter "Provider") in relation to Provider's services (as hereinafter defined) for the «Program_Name»» Program (the "Program") under Contract No. «Contract_Number» (hereinafter "Trust Contract", a copy of which is attached hereto, incorporated hereby, and made a part hereof as Composite Exhibit 1), between The Children's Trust whose address is 3150 S.W, 3rd Avenue, 8th Floor, Miami, ,Florida 33129 (hereinafter "The Children's Trust" or the "Trust) and the City states the conditions and covenants for the rendering of services to children and families for The Children's Trust and the City. In consideration of the mutual covenants herein, the City and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall coincide with the effective term of the Trust Contract and shall be as of «start_date_without_year», 2010 through «end_date_without_year», 2011, subject to funding availability and Provider's performance. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust regarding the Trust Contract and in the sole discretion of the City regarding any other matters, if any, under this Agreement, this Agreement may be renewed upon the same terms as the Trust Contract in connection with Provider's services hereunder with the acknowledgement of Provider. In considering the exercise of any agreement renewal and/or any contract renewal, and in accordance with the Request for Proposal ("RFP") of The Children's Trust and its Board authorization, and in accordance with the applicable authorization resolution by the City Commission, renewal may not exceed a term equal to the term of the initial Trust Contract for a total maximum of three (3) terms, unless otherwise agreed in writing . by the Trust and/or the City, as applicable. The Children's Trust in its sole discretion and the City, as and if applicable, will consider, but is not limited to, the following: Rjj: 261426 C i Miamt Yrotessional-Service�s Agreement No. With «Name_of Subcontractor Independent_Contr», a Florida «ForProfitNotforProfib) corporation Related to Contract No. «Contract Number)) with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1,,2011 through July 31, 2012" 1. Provider meeting the performance requirements specified in this Agreement and under the Trust Contract. 2. Continueddemonstrated 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 regarding the Trust Contract and that is deemed satisfactory in the City's sole discretion regarding the Agreement. 4. The availability of funds from The Child`ren's Trust. Both The Children's Trust and the City are prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract and the agreement. 5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of the Trust Contract before the contract term expires. Also if applicable and depending upon the Trust Contract, the City may initiate re -negotiation of this Agreement before the agreement term expires. 6. The City in its sole discretion may also consider Provider's performance under any other agreement or contract with the•City. 7. .The availability of funds and continued authorization of City activities. This Agreement is subJect to- (a) amendment due to lack of funds, reduction of funds, and/or change(s) in regulations or the City of Miami Code, as amended (the "Code") upon at least thirty (30) days written notice, or (b) termination pursuant to the terms and conditions of this Agreement. 8. Provider's maintaining all licenses and certifications required by The Children's Trust, Miami -Dade County, and the City. C. SCOPE OF SERVICES 1. Provider agrees to render services for the Program in accordance with the Composite Exhibit. 1, Attachment A, Scope of Services, hereafter "Services", to this Agreement and to the Trust Contract and within the budgeted amounts and other fiscal requirements agreed by the Trust and the City in Composite Exhibit 1, Attachment B, Other Fiscal Requirements, Budget, and Method of Payment, hereinafter "Fiscal Requirements". Provider shall implement the Services in a manner deemed satisfactory to The - Children's Trust and to the City. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust, the City, and Provider. 2. The Services' activities and performance measure's, as well as complete and accurate data and programming information, will be used in the evaluation of Provider's --overall- performance- in-accordance-with-this-Ag.reement-and-the Trust Contract. - 3. Provider agrees that all funding provided by The Children's Trust through the City, pursuant to this Agreement and the Trust Contract will be used exclusively by Provider for Services in the City of Miami (unless such Services are authorized and required by the Trust and the City to occur elsewhere under Attachment A) and for the benefit of City of Miami residents and Miami -Dade County residents. D. TOTAL FUNDING Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor__Independent* Canto>, a Florida «ForProfitNotforProfib> corporation • Related to Contract No. «Contract Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1., 2011 through July 31, 2012" Subject to the availability of funds, the maximum amount payable for Services rendered under this Agreement and under the Trust Contract shall not . exceed «Amount_of_Contract_Dollars_Written_out» - • Dollars and «Amount_of_contra ct_Cents_W ritte n_out» Cents ($«Total_Amount_of_Contract_numbers»). The Parties agree that should available funding to the City and/or to The Children's Trust be reduced, the amount payable under this Agreement and under the Trust Contract will be reduced at the sole option of The Children's Trust with a proportionate reduction in Provider's Services hereunder. Provider agrees to adhere to Other Fiscal Requirements, Budget and Method of Payment outlined in Attachment B to this Agreement and to the Trust Contract. E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider's costs or earnings claimed under this Agreement and under the Trust Contract may not also be claimed under any other contract; agreement, or grant from the City or 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 by Provider of this Agreement and of Provider's portion related to the Trust Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding through the City may not be used by Provider as a substitute for existing resources or for resources of Provider 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 to Provider for the same purpose. A violation of this section by Provider shall be considered a material breach of this Agreement and of Provider's portion of the related Trust 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 One Thousand Dollars ($1,000) or greater which have a life expectancy of more than one (1) year. Provider is to maintain proof of Property Coverage in accordancewith the insurance requirements .prescribed in this Agreement (see Section K. Insurance). Capital equipment purchased with Trust funds by Provider (through reimbursement by the Trust and the City under this Agreement and the. related Trust Contract) 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 by Provider at the time of purchase as an asset of The 'Children's Trust. The Children's Trust .and/or the City, as applicable, 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 through this Agreement and the related Trust Contract. When Provider is no longer funded by The Children's Trust through the City under this Agreement and the related Contract, the equipment will be returned to The Children's Trust unless it is fully depreciated and evidence of such full depreciation is documented by Provider to the City and The Children's Trust. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the Rjj: 261426 City of Miami Professional Services Agreement No. With «Nameof Subcontractor Independent_Contr», a Florida «ForProfitNotforProfib> corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012". possession of Provider. Provider can purchase the equipment at the depreciated cost with the prior written approval of The Children's Trust and the City. 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 under this Agreement and the related Trust Contract. 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 and the City's project 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 (through the City or as otherwise determined by the City and 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 Agreement to another party. Provider shall not subcontract any Services under this Agreement. in connection with the related Trust Contract without prior written approval of the City and The Children's Trust. In any subcontract approved by the City and The Children's Trust, Provider shall incorporate appropriate language from this Agreement and the related Trust Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Agreement and the related Trust Contract. Provider shall submit to the City and to The Children's Trust .a copy of each subcontract, if any, to this Agreement, 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 City and The Children's Trust in the same manner as Provider under the terms of this Agreement and the related Trust Contract. Provider acknowledges and agrees that the City, The Children's Trust, and any subcontractor to this Agreement have authority to communicate and exchange information about agreement, 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 Agreement, including services provided and expenses incurred by any and all subcontractors in connection with this Agreement and the related .Trust Contract. Neither the City nor The Children's Trust shall 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 relating to the City and The Children's Trust, Provider --shall hold harmless and defend, at -Provider's expense, .the -City and. The-Children's Trust. — against any claims, demands or actions related to any subcontract. The City and The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by the City and The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The City and The Children's Trust reserve the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. . Ry:261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contra, a Florida «ForProfitNotforProfib> corporation Related to Contract No. «Contract Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August1, 2011 through July 31, 2012" Provider and any Subcontractor must be currently qualified to do business in the State of Florida, Miami -Dade County, and the City, and licensed to conduct business within the City 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, if any, shall not use any funds provided under this Agreement and the related Trust 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 Agreement and of Provider's portion of the related Trust Contract. 6. Lobbying Provider shall not use any funds. provided under this Agreement or any other funds provided by the City or under the related Trust 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 Agreement and of Provider's portion of the related Trust Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Agreement or any other funds provided by the City or under the related Trust Contract,or. any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against the City, The Children's Trust, and/or their respective agents, employees. and/or officials. Any such use by Provider shall be a material breach of this Agreement and of Provider's portion of the related Trust Contract. F. INDEMNIFICATION BY PROVIDER Provider shall indemnify, release, and hold harmless the City and The Children's Trust and their respective officers, employees, agents and instrumentalities from any and all liability, losses .or damages, including attorneys' fees and costs of defense, which the City, The Children's Trust, and/ortheir respective officers, employees, agents and/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 or lack of performance of this Agreement by Provider or its employees, agents, servants, partners, principals or subcontractors. ---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 City and The Children's Trust, where and as 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 Agreement. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Jndependent_Contrr), a Florida «ForProfitNotforProfit» corporation Related_to Contractllo. .Contract_N rnber» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Where activities supported by this Agreement produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, the City and The -Children's Trust have a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Agreement, and to have others acting on behalf of the City and The Children's Trust to do so, provided that such •use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow the. City and others acting on behalf of the City and 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 Agreement and the related Trust Contract, at no cost to the City and 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 Agreement and the related Trust Contract are .subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to. the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Agreement and in connection with the related Trust Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Agreement and in connection with the related Trust 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. Provider shall indemnify, release, and hold harmless the City and The Children's Trust from liability of any nature or kind, including costs and expenses for or on account 'of third party allegations that use of any intellectual property owned by the third. party and provided, manufactured or used -by the indemnifying Provider in the performance of this Agreement and the related Trust Contract violates the intellectual property rights of that third party. I. BREACH OF AGREEMENT AND REMEDIES _..I_- Breach A material breach by Provider shall have occurred under this Agreement (and•under Provider's portion of the related Trust Contract) if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Agreement and under the•related Trust Contract. b. Fails to provide the Services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement and the Trust Contract as indicated in The Children's Trust's Service Authorization Letter .attached hereto and . incorporated hereby in Composite Exhibit 1; Rjj: 261426 City of Miami Professional Services Agreement No, With «Name_of Subcontractor Independent ContDi, a Florida «ForProfitNotforProfib> corporation Related to-L ontractNo «ContracLNumber»jiithThe Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 Agreement and the Trust Contract; e. Does not furnish and maintain thecertificates of insurance or self insurance required by this Agreement, the related Trust Contract or as determined by the City or The Children's Trust, as applicable; f. Does not meet or satisfy the conditions of award required by this Agreement and the Trust 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 Agreement and the Trust Contract; i. Refuses to allow the City and/or The Children's Trust, as applicable, access to records or refuses to allow the City and/or The Children's Trust, as applicable, 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 Agreement through fraud, misrepresentation or material misstatement; 1. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule' to the City and/or The Children's Trust, as applicable, or to any of their respective 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 Agreement and its related' portion of the Trust • - . Contract within a specified reasonable time; p. Fails to maintain all valid licenses, certifications, and insurancerequired to provide the Services under this Agreement and/or the Trust Contract. Any waiver of breach of any provisions of this Agreement and/or of Provider's portion of the related Trust Contract, as and if applicable, shall not be deemed to be a waiver of any other breach and .shall not be construed. to be a modification of the terms of this Agreement and/or of the terms of Provider's portion of the related Trust Contract. Any • such waiver by the City and/or The Children's Trust, as and if applicable, 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 City and/or The Children's Trust, as and ifapplicable, identifying the breach, the City and/or The Children's Trust, as and if applicable, may pursue any or all of the following remedies: a. The City and The Children's Trust may, at their respective discretions, enter into a written performance improvement plan with Provider to cure any breach of this Agreement and Provider's portion of the related Trust Contract as may be Rjj:261426 • City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Canto>, -a Florida, aPorProfitNotforProfib> corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" permissible under state or federal law. (Attachment F, if applicable). Any such remedial ,plan shall. be an addition to this Agreement and an addition to the related Trust Contract, and shall not affect or render void or voidable any other provision contained In this Agreement, the related Trust Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The City and/or the Children's Trust, as applicable, may suspend payment in whole or in part under this Agreement and/or under the related Trust Contract, by providing written notice of suspension to Provider of such suspension and .specifying the effective date of suspension, at least five (5) business days before the effective date of suspension: On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Agreement, but Provider shall promptly cease using the City's logo, The Children's Trust's logo, and any other reference to the City and The Children's Trust in 'connection with such Services. All payments to Provider as of the date of suspension shall cease, except that City as permitted under the Trust Contract by 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 to the City and to Provider 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 agreements/contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other agreements/contracts for services that were performed and/or fordeliverables that were substantially completed at the sole discretion of The Chil.dren'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 City may also suspend any payments in whole or in part under any other. agreements/contracts entered into between the City and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of. such suspension, in any event the City shall continue to review and pay verifiable requests for payment as provided for in such other —agreements/contracts for services -that were -performed and/or for deliverables that were substantially completed at the sole discretion of the City prior to the effective date of such suspension. Provider shall be responsible for reasonable direct and indirect costs of the City associated with such suspension including reasonable attorney's fees. d. The City, on behalf of itself or on behalf of The Children's Trust may terminate this. Agreement by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination,' the City and/or The Children's Trust, as applicable, may (a) request Provider to deliver to the City and The Children's Ry:261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contn>, a Florida lForProfitNotforPIofit» corporation Related to Contract No. «Contract Number» withThe Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds and/or with City funds, as applicable, under this Agreement subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds and/or City funds, as applicable, which have been improperly paid to Provider under this Agreement; (c) terminate further payment of Trust funds • and/or City funds, as applicable, to Provider under this Agreement, except that the City and/or The Children's Trust, as applicable, shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust, as applicable, prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other agreements/contracts entered into between The Children's Trust and Provider and/or between the City and Provider, as applicable, 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 City and/or The Children's Trust, as applicable, shall continue to review and pay verifiable requests for payment as provided for in such other agreements/contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust, as applicable, prior to the effective date of such termination. Providershall be responsible for reasonable direct and indirect -costs associated with such termination, including reasonable attorney's fees. e. The City may seek enforcement of this Agreement and The Children's.Trust may seek enforcement of this Agreement in relation to Provider's portions of the Trust 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. f. The provisions of this Paragraph .I shall survive the expiration or termination of this Agreement and of the related Trust Contract, J. TERMINAT.ION BY. EITHER PARTY • The parties agree that this Agreement 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--The-parties--understand-.and--agree---that The Children's Trust and the City may terminate the related Trust Contract (including Provider's portions thereof) by written notice to the other party of intent to terminate such Trust Contract 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 City • and to The Children's Trust within thirty (3D).days of execution of this Agreement, Certificates of Insurance or, If applicable, a letter of self-insurance indicating coverage applicable to a Ry:261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contr», a Florida «ForProfitNotforProfit» corporation Rel-a ed to Lontract7 o Contract-Numben> with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Florida not -for -profit corporation required under this section or as determined by the City and/or The .Children's •Trust. Provider must.comply with this requirement; failure to comply is a material breach of this Agreement and of Provider's portion of the related Trust Contract. The City and the Children's Trust shall both be named as additional insureds as their interests may appear on all applicable policies, and all applicable policies shall be maintained in full force and effect for the term of this Agreement and the term of the • related Trust Contract, The Children's Trust will not disburse any funds to the City for Provider and the City will not disburse any funds to Provider until the City and The Children's Trust are provided with the necessary Certificates of Insurance or letter of self-insurance and the City and The Children's Trust have approved such documents, Provider shall provide and shall require its sub -contractors to carry insurance coverage(s) as outlined below: 1. Provider and sub -contractors . shall furnish their .respective certificates of insurance regarding Worker's Compensation covering all employees of Provider and sub -contractor in accordance with statutory limits for the State of Florida.. If applicable, Provider and sub -contractors may solicit and provide to the City and The Children's Trust a valid State of Florida exemption filed 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 Section shall reflect limits of at least $500,000 each accident, $500,000 each disease, each employee, and $500,000 each disease policy limit as minimums. In the event that Provider's sub -contractor is no longer exempt from obtaining Worker's Compensation insurance, the Provider and sub -contractor 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 sub -contractor's employer's liability portion shall reflect $500,000/$500,000/$500,000 as minimums. • 2, Commercial .General Liability with limits of at least•$500,000 per occurrence, $1,000,000 policy aggregate with a maximum deductible of $1,000 per occurrence. The Provider's and sub -contractors' respective policies shall 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 certificates of insurance as certificate holders and listed "Additional Insureds as Their Respective Interests May Appear" with respect to this coverage, 3. Automobile liability coverage for all owned, hired, non -owned and leased vehicles of Provider and of any sub -contractors, 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 Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_ Independent Contra, a Florida «ForProfitNotforProfith corporation Related to Contract No. «Contract Number with The Children's Truce "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Children's Trust and City of Miami must be designated and shown as certificate holders and listed "Additional. Insureds as Their Respective Interests May Appear" with respect to this coverage. Coverage for non -owned and hired auto exposures can be acquired through the Florida Automobile Joint Underwriting Association when cost prohibited or market unavailable. Rental cars cannot be used in the course of Provider's regular operations and in the course of sub -contractors' regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. Transportation companies used by the Provider and by sub -contractors for the funded program must list the City and The Children's Trust as certificate holders and as "Additional Insureds as Their Respective Interests May Appear". 4. If applicable for Services under this Agreement, Special Events Coverage, as determined by the City and/or The Children's Trust, as applicable. 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 Insureds as Their Respective Interests May Appear." Special Events policies are for short term functions. and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 5. If applicable for Services under this Agreement, Professional Liability insurance/ Errors & Omissions, as determined by the City and/or The Children's Trust, as applicable, with coverage limits or amounts determined by the City and/or The Children's Trust, as applicable, 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 holders, but are not required to be named as Additional Insureds. Professional Liability insurance is generally .required when the scope of services uses professional services that require certifications 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 Loss Payees, as applicable, Property coverage shall survive. the expiration or termination . of this Agreement until such. time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to the City or The Children's Trust, as applicable, Certificate Holders Certificate holders must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 And City of Miami c/o Risk Management Department Miami Riverside Center, 9th Floor 444 S.W. 2nd Avenue Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Coot)), a Florida «ForProfitNotforProfib> corporation Kelefed4o Contract No. «Contract-Numben> with The Children Trust "Form to be updated by City and Trust for FY2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Miami, Florida 33133 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 approvals of the City and The Children's Trust, as applicable, Provider and/or Provider's insurance agent and/or sub -contractors insurance agents, as applicable, shall notify The Children's Trust and the City in writing, of any cancellation, or material changes in insurance coverages in accordance with policy. • provisions. Provider shall be responsible for ensuring that all applicable insurances (of both Provider and its sub -contractors) are maintained and submitted to the City and The Children's Trust for the duration of this Agreement. In the event of any change in Provider's Scope of Services, Attachment A, the City and/or The Children's Trust, as applicable, may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by the City and/or The Children's Trust; as applicable, prior to any such decrease, waiver or modification. In the event that an insurance policy or coverage(s), as applicable, is cancelled during the term of this Agreement and/or any renewals hereof, the City and The Children's Trust shall reserve their respective rights to withhold all payments from Provider until a new Certificate of Insurance or other evidence of coverage(s) required under this section is submitted and approved by the City and 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 . City and/or Children's Trust, as applicable, may require Provider to furnish additional and different insurance coverage(s), or both, as may be 'required .in connection with the scope of work. 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 City and/or The Children's —Trust may -have against -Provider for any liability of -any nature related- to performance by ---- Provider under this Agreement, the related Trust Contract, or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. All insurance required hereunder may be maintained by Provider's subcontractor(s) pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS Rjj: 261426 City. of Miami Professional Services Agreement No. With «Name of Subcontractor Independent Contra, a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number».with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012. for new grant term beginning August 1, 2011 through July 31, 2012" Provider is required to keep on file the following documentation for reviewby the City and/or The Children's Trust: 1. If required as applicable to Provider, the Internal Revenue Service (I.R.S.) tax status determination letter; 2. 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; 3. 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 reflect 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 Agreement shall be sent to the addresses for each Party appearing on the first page of this Agreement and additionally as set forth below. Notices to The Children's Trust shall be marked .to the attention of its President/CEO. Notices to the City shall be marked to the attention of the City Manager and: With copies sent to: City of Miami, Grants Director 444 S.W. 2nd Avenue, 5th Floor Miami Riverside Center Miami, Florida 33130 City of Miami, City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami Riverside Center, Miami, Florida 33130 Notices to Provider shall be marked to the attention • of its (Provider's Authorized Representative).. It is each Party's responsibility to advise the other Party and The Children's Trust in writing of any changes in responsible personnel for accepting Notices under this Agreement and the related Trust Contract, mailing address(es), and/or telephone number(s). N. AUTONOMY The Parties agree that this Agreement recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of the City nor of The Children's Trust, and Provider's agents and employees are not agents or employees of the City nor of The Children's Trust. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent Contn>, a Florida «ForProfitNotforProfrb) corporation Related to Contract No. ((Contract Num e $with TE Children s Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Agreement and of the related Trust Contract, consistent with Florida laws. • 1. Accounting records Provider shall keep accounting records which conformto 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 Agreement and of the related Trust Contract have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity under this Agreement and under the related Trust Contract. However, if any audit, claim, litigation, negotiation or other action involving Provider under this Agreement or involving Provider under the related Trust Contract or modification hereto or thereto 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 one hundred and eighty (180) days of the close of its fiscal year, Provider agrees to submit to the City and 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 Agreement and the related Trust Contract remain in force and until all funds expended from this Agreement and involving Provider under the related Trust Contract have been audited. If no management letter or report or other matters related to Provider's internal control is prepared by the independent audit firm, Provider must confirm in writing to the City and 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 Gov.ernment 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 .City -.and 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 Agreement; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that the City and/or The Children's Trust provided. Within one hundred and eighty (180) days of the close of its fiscal year, a Provider who is contracted for a combined total of three hundred thousand dollars .($300,000) or more from the City from this or any other City agreement(s) or from The Children's Trust from this or any other The Children's Trust contract(s), related to the fiscal year under audit, Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent_Contn>, a Florida «PorProfitNotforProflt)> corporation Related to Contract -No. «Contract-NumbenrwitlrThe Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31., 2012" Provider agrees to have a program -specific audit relating to the City 's agreements) and The Children's Trust contract(s), in •addition to the annual financial audit. This program - specific audit is to encompass an audit of City agreement(s) and. The Children's Trust contract(s), as applicable, as specified in Attachment Di 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 City and/or The Children's Trust, as applicable, after proper approval has been obtained from the City's Finance Department and/or The Children's Trust's Finance Department, as applicable, 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 Agreement (and to Provider's portion of the related Trust Contract) at Provider's 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 City and/or The Children's Trust, as applicable, to insure compliance with applicable accounting, financial, and programmatic standards. This would include access by the City, The Children's Trust or their respective designees, to. Provider's independent auditor's working papers for complying with federal, state and local requirements. The City and The Children's Trust reserve their rights to require Provider to submit to an audit by an auditor of (i) the •City's choosing at the City's expense, and/or (ii) The Children's Trust's choosing at The Children's Trust's expense. • 4. Monitoring . Provider agrees to permit the City's personnel or contracted agents and The •Children's Trust. personnel or contracted agents, as applicable, to perform random scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the subject of this Agreement, including any.subcontracts under this •Agreement, using The Children's Trust approved monitoring tools and the City's approved monitoring tools, as _._applicable...The Cityor_its contracted. agents__sha.11..monitor...and/_or_The_Chiidren.'sTrust_or_._ contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of this Agreement and Provider's portion of the related Trust Contract. Provider shall permit the City or the City's contracted agents and/or The Children's Trust or The Children's Trust's 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 for its purposes and as deemed' reasonably necessary in the City's sole discretion to fulfill the monitoring function for the City's purposes. 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. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contn>, a Florida «ForProfitNotforProf b) corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 shall be subject to the monitoring/review and inspection requirements under this Agreement and under the related Trust 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 City and 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 Agreement .and under Provider's portion of the related Trust Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement and under Provider's portion of the related Trust Contract; (4) training modules; (5) pre and post session questionnaires; (6). all participant attendance records; (7) participant consent- and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this Agreement and under the related Trust Contract; all upon request by the City and/or The Children's Trust, as applicable. Provider shall retain all records for not less than five (5) years beyond the last date that all applicable terms of this Agreement and under Provider's portion of the related Trust Contract have been complied with and final -payment has -been -received; iand appropriate audits have been - submitted to and accepted by the appropriate entity. 7. Confidentiality Provider and the City understand hereunder and The Children's Trust understands under the related Trust Contract 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 Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor lndependent_Contm, a Florida «ForProfitNotforPro&b> corporation Related to Gontract No. -«contract Number»-with_The-Children'-s Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" a like manner. The Parties shall not disclose the confidential information to any third party .(except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Agreement imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully knownto 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 Agreement shall remain in full force and effect after the termination of this Agreement and after the -termination of the related Trust Contract.- Provider shall specifically require all sub- contractors to comply with this paragraph. S. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Agreement and for Provider's portion of the related Trust 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 a.11 terminated employees of Provider. 9. Withholding of payment At the sole discretion of the City and/or The Children's Trust, as applicable, 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 through the City upon satisfactory compliance by. Provider of the contractual terms for which Provider is responsible to The Children's Trust as solely determined by.The Children's Trust. The City will provide payment upon satisfactory compliance by Provider of the contractual terms for which Provider is responsible to the City as determined solely by the City. 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. The City., 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, .modificatio.ns,..extensi.ons_or..w.aivers. of..p..rovisions_ of._this. Agreement 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 and approved by The Children's Trust, as.and if applicable. Pursuant to City Commission Resolution No. «Resolution_Number», adopted «Date_Adopted», the City Manager or his designee is Provider's authorized representative for approving and executing alterations, variations, modifications, extensions or waivers of the provisions of this Agreement including but not limited to amount payable and effective term. Pursuant Provider's Resolution No. , adopted (Provider's Authorized Representative) is authorized for approving and executing Rjj; 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contn>, a Florida «ForProf tNotforProfit» corporation . 1 Ziated to Con r"ract-No. «Co tract Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" alterations, variations, modifications, extensions or waivers of the provisions of this Agreement including but not limited. to. amount payable and.effective term. Q. GOVERNING LAW & VENUE This Agreement shall be interpreted and construed in .accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any. controversies or legal problems arising out of the terms of this Agreement .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, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer& Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the.person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings" each for Agreement term. The Affidavit will cover employees, volunteers, or subcontractors performing .services under this Agreement 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/on subcontractor every five (5) years. - --S.-CHILDREN WITH DISABILITIES AND THEIR -FAMILIES - — - - - Provider understands that the City and The Children's Trust expect Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not own.ed by Provider. T. REGULATORY COMPLIANCE Rjj: 261426 City of Miami Professional Services Agreement No. • With «Name_of Subcontractor Independent_Contn>, a Florida «ForProfitNotforProfit» corporation Related to Contract o. « ontracY Numben> with Ti Children s Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 City and The Children's Trust shall have the rights to terminate all or any portion of this Agreement and Provider's portion of the related Trust 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 inviolation of these laws, said violation will be a material breach of this Agreement .and a material breach of • Provider's portion of the related Trust Agreement, and the City and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act .. Provider will not violate the Public Entities Crimes Act (Section .287.133, Florida Statutes), which essentially provides that a personor affiliate who is a Provider, consultant or other provider and who has. been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a. contract/an agreement to provide any goods. or services to the City and to The Children's Trust, may not submit a bid on a contract/an agreement with the City and 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 for the City and- to The Children`s -Trust, may- not -be -awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract/an agreement with the City and with The Children's Trust, and may not transact any business with the City and 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 Agreement and the cancellation of Provider's portion of the related Trust Contract and recovery of all monies paid hereto, and may result in debarment from the C.ity's and The Children's Trust's competitive procurement activities. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfib» corporation Related-to-Cantract-No l Contraot—Numbetsrwith The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 3. Conflict of Interest Provider represents that the execution of this Agreement does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance,. www.mlamidade.gov/ethics/librarv/Ethics-Brochure-2005.pdf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully.set forth herein. Provider agrees to abide •by and "be governed by these conflict of interest provisions throughout the course of this Agreement and in connection with its obligations hereunder. Provider further agrees to require its sub -contractors to abide by and be governed by these -conflict of interest provisions throughout the .course of this Agreement and in connection with their respective obligations hereunder. Provider further agrees and shall cause its sub -contractors to agree not to use or attempt to use any knowledge, property, or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption • for himself/herself/itself or others. Provider may not, and shall .require its sub- contractors notto, disclose or use .information not available to members of the general public and gained by reason of this Agreement and/or The Trust Contract, except for information relating exclusively to governmental practices, for personal gain or benefit .or for the personal gain or benefit of any other person or business entity. Provider acknowledges, and shall cause its sub -contractors to acknowledge, that he/she/it: (i) is" not currently an employee of the City and has not been an employee of the City for the past two (2) years; (ii) is not a member of any board, commission or agency of the City; and (iii) will adhere to the provisions of the City Code, Chapter 2, Article V, §2, throughout the duration of the term(s) of the Agreement and any renewals hereof. Provider further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the City Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board, committee, or agency of the City. A violation of this section may subject Provider and/or its sub-contractor(s) to immediate termination of the Agreement, imposition of the maximum fine and/or any penalties allowed by. law. Additionally, violations may be considered by and be subject to action by the Miami -Dade County Commission on Ethics.. 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply, and shall cause its sub -contractors to comply, as applicable, with the following provisions of the Sarbanes-Oxley Act of.2002: • Provider (and sub-contractor(s)) agrees not to alter, cover up, falsify, or destroy — "any docui rent that may be relevant to an official investigation. Provider (and sub-contractor(s)) agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse, 5. Licensing • Ry: 261426 City of Miami Professional Services Agreement No. With «Name of Subcontractor_Independent Contn>, a Florida «ForProfitNotforProfib corporation Relate to Lontra N6 «Contract Number» with T ie Chiidren's Trust "Form to be updated by City and.Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 201 2" Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this'Agreement any and all •applicable licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, the City•of Miami, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida, Miami - Dade County, and the City of Miami both prior to and during the Agreement term with the City and the related Trust 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 (and sub -contractor, as applicable) 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 (and sub -contractor, as applicable) shall notify the City's project manager and The Children's Trust's contract manager of any incident as defined within three (3) business days after Provider (and sub -contractor, as applicable) is informed of such incident. Provider (and sub -contractor, as applicable) shall provide written notification of the incident together with a copy of the incident report. The report 'must contain the following: • (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident • (5) • Complete description of incident and injuries, if any Police report and actions taken shall be submitted to the City and to The Children's Trust within fifteen (15) days business of the incident. Provider (and sub -contractor, as applicable) shall provide written notification to the City and 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 (and sub -contractor, as applicable) -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 (and/or sub -contractor, as applicable) employee, volunteer or anyone arising out of the performance of this Agreement and. Provider has knowledge thereof (and sub -contractor, as applicable, has knowledge thereof), Provider (and sub -contractor, as applicable) shall provide written notification to the City and to The Children's Trust within three (3) business days after Provider (and sub -contractor, as applicable) is informed of such an. allegation.. Provider Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor _Independent_Contn>, a Florida «ForProfitNotfOrProfib> corporation Related -to -Contract No. «Contract_Number» with The Children's Trust "Form to be updated by City and Trust for gh J31, 2011-20122 for new grant term beginning August 1, 2 12" (and sub -contractor, as applicable) shall provide Written notification to the City and 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 heir Provider and all es nc ding rs, as but not pmlitedlto confidentalty,file ncidencopies t reporting, sexual respective policies including harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. CONSENT Provider (and sub -contractor, as applicable) imust obtain parental/legal guardian consents for all minor participants to participate and/or for adult participants in the program for services; and tolshare information with the City and with The Children's Trust for monitoring and Provider (and sub-contrattor, as applicable) will ask participants to •sign a voluntary Consent to Photograph form. The form is available in English, sSp nd sh,cand Creoforle aT ndr can be downloaded 'from www.thechildrenstrust.org. gned is the 'participant's will be maintained at the program site, with a copy record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services comence or assessments are administered. or legal Any refusal of consent must be properlydocumented and signed bythe parent guardian on the consent form. V.- PROGRAMMATIC DATA REPORTING Demographic and service information aaort ofogramThe Ch participants wills be providedtomission.. City and The Children's T p data collection reporting, including Provider agrees to comply and participate in any participant data as required by the City and The Children's Trust and. described in Attachment C to this Agreement, Progn additioln, Paoviderta dagreesr(and shallicauseits • subject to confidentiality requirements. sub -contractors, as applicable to agree) to furnish the City and The Children's Trust with complete and accurate reports In the timeframe and or atnd toabe • reasonabin ly specified by the City .and/or The Children's Trust,as app, Attachment C. Provider (and sub -contractors, as applicable) 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 (and sub-contractor(s), as applicable) agreesthat activities, services and events funded by this Agreement shall recognize The Childsen'sapplicable)stash all s a funding source through the City. • Provider. (and sub-contractor(s), a sure that all publicity, public relations, advertisements and signs within its control recognize Rjj: 261426 . City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent Contra, a Florida «ForProfitNotforProfit>> corporation Relatedxo Contract No. «Contract_ Number» with The Children's Trust r FY 2 "Form to be updated by City and Trust 1through'o1y 2031,12O for new grant term beginning August 1, 2011 Q • The Children's Trust and the City for the support of all contracted activities. The use of the official Children's Trust logo is permissible. The or use o sthes official ici l City of Miami logo must have prior written approval of the City Manager ee. Provider (and sub-contractor(s), as applicable) shall use best efforts to ensure that all media representatives, when inquiring with Provider (and sub-contractor(s), as applicable) about the activities funded by this Agreement, are informed that The Children's Trust is a funding source through the City's «Program_Name» Programrate Provider (and sub-contractor(s), as applicable) shall, if it possesses the appro pe. technology, provide a link between the cable shalland Te coordinat hwith the CitytManagertor Provider (and sub-contractor(s), as applicable) his designee regarding any link with the City'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 the City, without charge, up to three (3) copies and to supply Provider agrees to supply e any publication develo ies.of d pd The Children's Trust, without charge, up to three (3) co p h by Provider in connection with implementation of programsaddressed The Chithis Agreement. Such publications will state that the program is supp�ed by Trust through the City's «frog use of Provider rees that developed he City under this The Children's Trust will have 'provisions of Paragraphs G and Agreement to the extent provided in, and subject to, the p H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo .and the City's logo as permittedby the City Manager or his designee, 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: Trust is a dedicated sou Miami and Poore of revenue established by voter referendum toimprm Name is funded by The Children's Trust. The ove the lives of children and families in Miami -Dade County. Espanol: City of Miami and Program Name esta financiado_p estableor El 1 idecomiso de los Ninos (The The Children's Trust). El Fidecomiso de los Mhos es una dene tnanciatiOnel Condado st Miami- por referendum pars mejorar las vides de ninon y faeil a s de Dade. Kreyol:n's Tr City of Miami and Program Name flnanse_pa "The Children'' I iu t". T rust la,nse you sous lajan ke gouvenman amerikin vote an refedorn Myami. Dade. pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Sub'contractor_Independent Conto>, a Florida (,ForprofitNotforProflb> corporation Related to Contract No. «Contract Numben> with The Children's Trust "Form to be. updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 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 through the City's «Program_Name» Program." Y. HEADINGS, USE OF SINGULAR AND GENDER to or rict Paragraph headings are for convenience ofly thas Agreement intendednd are not Whereveeused'herein, tthe the scope or substance of the provisionspronouns shall singular shall include the plural and plural shall include the singular, and p be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Rjj:261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contrn, a Florida «ForProfitNotforProfith corporation Related to ContractNO.-Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 201-1-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Z. TOTALITY OF AGREEMENT/SEVERABILITY OF PROVISIONS This Agreement with its exhibits and attachments as referenced below contains all the terms and conditions agreed upon by the parties: Composite.Exhibit 1: The Trust Contract and Services Authorization Letter which includes the following Attachments: 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 applicable Attachment E: Affidavit for Level 2 Background Screenings, if app i Attachment F: Performance Improvement Plan, if applicable Exhibit 2: The City's Authorizing Resolution • Exhibit 3: Provider's Authorizing Resolution Not-for-Profit d or ForlProfint, eof Status,dasnd Current IRS and State of applicable No other agreement, contract, oral or otherwise, regarding the subject matter of this of this Agreement shall be deemed to exist or bind the Parties. If any provision Agreement is held r!nderor void wouldthe th nremainder ontinueof nito Agconfo mt shtallthenot tber e se and thereby if such ema requirements of applicable law. CITY OF MIAMI, a Florida municipal corporation PROVIDER: .«Name_of Subcontractor_Independent_Co By: aFlorida «ForProfitNotforProfit» By,: Name: Title: Provider's Federal Priscilla A. Thompson, City Clerk ID# • Date: Date: Approved as to Form and Correctness: Attest: By: By: - Julie O. Bru, City Attorney Name: Title: Date: Approved as to Insurance Requirements: • Date: Tony E. Crapp, Jr., City Manager Attest: By: By: Gary Reshefsky, Director of Risk Management Date: Rjj: 261426 • City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contra; a Florida «ForProfitNotforPr0f t» corporation Related to Contract No. «Contract_Numben> with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" This Agreement is not valid until signed by both parties Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_ independent Contr.)), a Florida «ForProfitNotforProfib> corporation Related-to-ContractNo_«Conttact Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Composite Exhibit 1 Copy of The Children's Trust Contract No. «Contract_Nurnber» And Services Authorization Letter With the City .of Miami For The «Program_Name» Program For2010-2011 Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent Contra, a Florida «ForProfitNotforProtb> corporation Related to Contract No. «Contract Numben> with The Children's Trust "Form to be updated by City 1 2Tr lsth oug 20Iy 3 Q120fO2"new grant term beginning August , Exhibit 2 Copy of City of Miami City Commission Resolution. No.« Resolution_Number», adopted « Date_Ad opted » Rjj: 261426 • City of Miami Professional Services Agreement No. 1Ze�laLed tonCont actuNo.nr«Contrnct Numben>_w diShe Children's Trtrst fitNotforProfit�> corporation "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Exhibit 3: Not -for -Profit or For -Profit Corporation's Authorizing Resolution and Consent and Acknowledgement of The Children's Trust Contract No. «Contract_Numbeh>. a duly *held WHEREAS, the Board of Directors of has considered at at the matter*ld • • corporation meeting on of entering into a Professional.Services Agreement with the City of Miami for the Program for the 2010-2011 Fiscal Year in accordance with the articles and by-laws of the • corporation, and has authorized and directed as Chairperson/President, as Corporate. Secretary, and as Executive Director to undertake any and all such matters contemplated by said Professional Services Agreement with the City of Miami on behalf of as a Florida • corporation. NOW, THEREFORE, on behalf of we the undersigned authorized representatives hereby acknowledge that we have reviewed a copy of, agree and consent to, and shall comply with the terms and conditions of the Children's Trust Contract No. between The Children's Trust and the City of Miami ("The Children's Trust Contract) as applicable. to the scope of services to be provided by as indicated in Attachment A to the Children's Trust Contract as incorporated into the Professional Services Agreement. Dated this day of Name of Entity: By: Name: Title: Chairperson/President of the Board of Directors SEAL/ATTEST: By: Name: Title: Corporate Secretary , 20. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent_Contr», a Florida «ForProfitNotforProfib> corporation Related to Contract No. «Contract Number with 'the Childreii's•Trast Officers/Executive Committee Maria A. Alonso Chair Chet Zerlin Vice Chair Dr. Josee Gregoire Secretary Hon. Isaac Salver Treasurer Jacqui Colyer, Chair Program Services Dr. Rosa Martin, Chair Childhood Health and Development Dr. Gina Cortes-Suarez, Chair Human Resources Dr. Miguel Ba!sera, At -Large The Board of Directors Yvette Aleman Donald I. Bierman Alberto M. Carvalho Bill Diggs Carolyn Donaldson Com. Audrey M. Edmonson Terria Flakes Dr. Thresla B. Gambon Luis A. Gazitua Benjamin F. Gilbert, Jr; Dr. Nora Hernandez -Hendrix Antoinette JG Hill Alina T. Hudak Fedrick Ingram Rep. John Patrick Julien Dr. Martin Karp Pamela Lillard Carolyn Y. Nelson-Goedert Dr. William E. Pelham Hon. Orlando A. Prescott Dr. Isaac Priileltensky Leah Sigillo Evelio Torres David Lawrence Jr. Founding Chair Modesto E. Abety-Gutierrez President & CEO County Attorney's Office Legal Counsel The Children'sTrust Because All Children Are Our Children July 8, 2011 Lillian Blondet City of Miami 444 SW 2nd Ave. Miami, FL 33130 RE: Funding Recommendations from NOFA #2011-01 Parenting Appeals Dear Ms. Blondet: The Children's Trust has completed its preliminary funding recommendations as a result of the NOFA 2011-01 Appeals in the Parenting category. Congratulations on your successful appeal. As a result of the appeal, your agency's application score was changed from 75.1 to 81.9 and is recommended for funding in an amount not to exceed $153,162.00. Attached please find a copy of the revised score summary sheet. Please note that the Board of Directors will consider this recommendation at its next meeting on Monday, July 11, 2011, from 4-6 p.m. at the United Ways Ryder conference room. Please join us for this meeting, as there may be questions from board members best suited for your response. If this funding recommendation is approved by the board, you will be contacted by the assigned contract manager, shortly thereafter, to negotiate your contract. Once again, congratulations on your award. Your success in this highly competitive process is to be commended, and is to the fortune of the children and families of Miami -Dade County. Please feel free to contact Bevone Ritchie, Senior Program Manager for Childhood Health & Development Programs, to discuss any questions you may have. Sincerely, Charles M. Auslander Chief Program & Operations Officer Cc: Modesto E. Abety-Gutierrez Attachment 3 150 SW 3rd Ave. (Coral Way), 8th Floor, Miami, Florida 33129 • Tel: 305-571-5700 • Fax: 305-857-9592 • www.thechildrenstruscorg APPEALS WORKSHEET Applicant Coy of Miaml, Inc Appllcatlon: 923: Femliles First lot Parente Appllcatlon Score: 70.5 Peat Performance Score: 78.7 Final Score: 75.1 Dale of Appeal Request: Dale of Appeal Meeting: Po.) -Appeal Score: Post -Appeal Amount Recommended: 5153,16200 51913011 6/20/2011 131.95 ,.:.. . 11£M TFAM.�fIE .. ". :. TEAM COMMSM$ ,. •"n1NTaAPPL1GH7 APPEAONO .': 1,' TEAx LF' .. M AE NCAPPFi,LtsEa.1 .. ... :':'.pep nuen lv.mw6rgl , - i •: Mel In .ppllcad.l ". ,APPEALS pEO310N DESCRIPTOR 'I l argot Pepuabon Deswtnn flab, Sucre: 2 pts)Scere: 120 The target popuboon anmumn in not connialent lerdr. apes el be .Naaan el the propene 0p,09n.mOne area stales 0.5 yn el apt, Target population states 3.0 yrs of ape). Appbnt states dui Nate are 4 Papered nebhborhoeae when 'nleat.y ere tarpstnp b n.yhborhood, hew.v.r mai.. of N. derrogophks nlomxbon provided is for 4 targeted neighborhoods. Lay Mh.ve% .re was omissions to scori. and procedural due process Desa.chen. Our eapeenc. has shorn Mouse dalar.P neighborhoods have ...rent popua.ns,N. 0rpel popu.bonsal vary.Ilw4i.. uhearsloed there are 4 neighborhoods ante Cavwtato Na program wit I..nered. Dump Ina appeal process, appbant cantos Nat Ins admatnn provided for the target ...ikon tabled to al of. proposed neighborhood. As explained on an attached table home. original proposal. sddibenal S a awarded. ) 05 Addasonal pool awarded anal be appeal. Past Performance amid Capacdy Reeled to Proposed Services (Max. S.re:10 pis) Srire: 710 Appaca nl chary stales Pe descrpinnolt. program, previous fonder, Me amount funded'coma oy year. success. ch0102005, perdcganl eisbornes by year, .dory to maintain appr0prale records, track and capon ro a and prepare prowem antl focal The .milted TCT monde.° report speaks to th.a c.cc.s..s n al el N. a0v.. They de not lwe.k dean nurnhee noosed by Went of services, qu.M of.erwc.w .livered Ream Irmo lane0s amcMdl. Information provided impf.sihey wlcentnM to to sow salul. but does not.xpfeay eela Nat, Cry beoves 1.ra was omissions to and procedural due process law ..ton. RFP does not request numbers aerv.dfor eaa veer, only numbers served for past un ..On:satin toreort, d. became .extent el aerobes is Owed on page 4 6M5 of the ...alien Ise* .ached). Omission and procedural duo prows onpapa S of the appt aM0. Quaky daddressed. Levers of appr.mdon fromnovas 0Ued le M. .ppkudon. Inherent to thernelay el the proprania s.casa. are N. statement from patents n Ne appreciation eon: Our aaaumytion is 11. past successes will expicvy confab* bee attachment). Alter am2or'avowal Ne sooner, an e0daenal 1.2 is.10.1 le increase the score a a total of 6.5 out of 10 based en the biAvlon horn applicant. the attached capons am 2e oval wormy el lM *PPS... pest pedunro now 1.3 Addbnnal pow. a warmed atterlhe appeal. blubbers. Rewamenl. Engagement .red Role teen Max. Scare: 18 pu) 5cere: 15.80 The .lpbnl Way Mirnbe0 r.paure0 and telentisrasngegement plans end holy addresses Op.. 0lad .dove. Al wapi.s.a,Wdng Most suggested to npmov* pest penprrdna..n lk.y to successlulty achieve the sleeked mauls.' How.va1, the iaa2. and .igaiy prec.dp.s were net clearly deal.. Cry behoves there was Proodural due process .nor 2b seden.The RFP does rot sy.drrcaky s.terabgaley tar govern r.qui.rent. The inherent asstaroben of N.Ceys mamma env rent oche • ....P.M a clew of age ante 0 • 5 b elgibe. HOMY, 1t .mfaa.d to .wtn. make term (orevausy ....ILcot d.pl.s the Oemognpbda including w.Ner a chid Pas a dbabary (see aegbbalun .acbnant). Anad4Oon.I1.2 as added Ica tamp be eapicenl up to 17 out of 1b. The.ppicenl railed ememmn the Make process there.. cannot be awarded mil sme. The addannel idemnlon prevd.dnthe .pp.tl attar was not used to nm.ase the sc.. 1.2 Acdaenal pond maw.. alter Ira ap.a) Whet WOISS Ica ibfp Partopanb De beds, ....dog the designingag.nry(a) or orpenif on(s) ewe evid.nceba sad sblus7 (Me. Sco e: 5 pts)S<Me: 400 11. appbnl proposes a parenting program 'ncbeed'nvr."slog elappmev.0 pmepram mood. The applicant Dees net provide any .manalenneeds regarding wry Ne program renal was Never. C.y b.Nves there was omissions to scorbg and due pro.. ....en Mow.. of opacity of caylp.nr.e le address Ns of thebmel natal..hoeds. Need an page 7 (seven) of be appec*Mn (a.e emcMdl. No addaunal pont.warded. Abetment Ord not prewar, a dear and gaol..benbbaude.sy)Mamrcatum was .abated. Addawnal peas.watded alter Inc appeal. Page 1 ore — •. • • - • Cong.-no Duality Assurance and Program Fide kb, Dusky Penniman. Measures: liowni1 you measure smother services are NM° mildew. wed) NU, Score: 5 pts) Scott: 3.70 Gement descristien p/ovned. but has of spectre*. Seams Mat applicant wit 'Mow.* programs medals Denary Nan. Nat enough rilorrrotbn on seism and Ming or. trieh anderneaeutas but MI be used. Madiketan ol curriculum end approval of Nis sinned b. rust dismased with developer. Cry beisvai .le .1. emissions le smrinp and peometural dm Nouns Nis section. Specficiy m No source (The Incredible Veen pop!* see) end Woks ma noted b the Nictitation en pepe 13 (eipht). Warne. Ink imbdod depicts model end Its correponenn. Sequencing and Nano al how web wet be used and wenn mouphou the course et. pmprern is reeled in sarmb sche* attached to •ppicaban (see ellachrmnt). W. cla not anticipate rrodircations. Should Mangles arise, Cey wilt contact TM Chishen, Tmst and inmiculum devebber. ON has Men in constant contact with developer. Appicatian maddest, limier oNer decurnematan Alm, pievid4c1. 1-3 Additional ponts ewarced shot the ennead implementaten Tameline (Mai. Score: 2 Ns) Sonic 1.20 Reautdnent section snled that ervolMeN wodld he yea bround based on Net emanated 262516 stallion nue, howev•r tom ine has 'cm''.nel''end/D=011. 1" Ne dnesnorrTrnellectOepb and end dale al pogrom based an coboresnocabansledes.•Nouph k b stand Nat Me program wil Impin on 8:22 I is not clear d M 12D perhaps:eh nil Mph on Nat date. Dry behoves tMee was ones.. to scorip and procaeural due process in this section. As Meted. r•nant n amend As indisand in cmar the attached.. course occurs 3 (three) tenes per ye•r et dean. sees withb No nepatiod neighborhoods. 11 nowiled he, participants rroy inland liwo peepram et env al h• other City saes Metophout dee yaw. Parfic1sanls begin on the My al he Neprem at each SpreaC Ca./ bee ataMed). Stil Ne same concerns as beton. A is not Neer it atl peak. Nene wie he 'envied Ivy dm MN date. Applcant del not mow., a dear explanation al Me tocruarnent moues. The addatiVormation Nevin. on the Nines] letter cannot be used to ...nut additional points svice k was not pan al tne MOM eppresabon. An eadee...t 3 lo er,ng ...or.... 134..^. 0.^...^ Orem the °deny circlet. end the adivkies description) 0.5 Addiutinal pont awarded atter tne appeaL Page 2 of 4 Pp,., Pcbcsas-Ouantry Performance Mea sums: How much iti you thil (Max. Score: 10 pts) Score. • 620 AS minima ace damped on Ine mi. a. supeoned WI . anached schedule of acerb.. Most po.s seq.. to be demussei me inskume Ms al &dickies. The m. we. a title sawfusim but attached schedule node everything clean.. Not sure wry be staff oninitg was included on Pais tabb. The assistant di not deany descry.. children a0,01it5.116 undoes 6 . edivry MI he conducted him hoM the pasenUmtepber and Me ch. or If tws separate e.saies occur consonantly. In add., Me supplemental proofs. (GYMBOREE) was not .kes110 Ma cunossion et •ny *Thar pan al em •polotan. Sten .bius, Inesedible \ r &am Dun... sell study. bousanold ssssss meant les darmagraph4 pfafii, sho. net la• Wad as modem activities. Seed. as...al.. lor chicken with Wiebirems was not statad.Stall.hing and houeehold assessment Is not a prepmm massy. The appliont. not provide a deer. P*Pcs° Il...4. des.... ef ell denary sem80 ectivtior. however ..Nem scbeduie otta.ed peovii•d some clarity. Cay believes there was orrisson ta scorns is this seolbn. Stall Imining is pen of be ESP model los I.e.. Veers curnsulum. Stalls horn M. service providass mods. baiting ler . neletent fOle6 of the ESP madaL Pa/ Ifle ESP model bare •re no .idlen acbribes in Ns ourecukno. The locus lor Mil Welty d the prodarn Is the per...Ns ibmd b the ESP model, Gyrnbotee is a au991e001101518en0ve acrydry lof pare. ryno amplete 2 of 3 sassians we•kry.Stall sainim. Incr.. Tears Salf Study. mai Household Assess.. ate part of . ESP model. Rezoned components stated 61.4=6.1.10 ...we esegmw SdeSry. LW. essornmeatisns hb be pleVati al. Sandra Debuss ay Ia.., at staled &airy, Mouser mciew el be sashed sone Ouled achuus lords pent additioal ege.wents) cladhs same of . consems ol the la4iaM/11, Ma at1ach.nt was pail ol . 014001piopesel. The mbia was very contusing and hard to log.. Pm seviewer had to messiahs . attachments to o.in . tequised informal.. 140.00.1 23 awassed beingbal The ... m 0 od 'ST 22 Adrhuonal pants •wartled Wier . appeal How bayou know a anyone is atlas oh as a less. al your mound) Wax. S05se:2 pts) Sara/ 120 Appswirst mareed el best Insee el . mows. oulanws. Unsure about .. lining of lha oNcomes. Lou. not Satsuma . Wormation ham unmans ',PPM. monies one adaltional outcome. The &In. moused ouloornes are temian WM., an.rnarks. I am confused about the Elliman. between die Indelible Years ins..an end . Family Fird balsam: I thought Faddy Fret vim the madam a,d Maeda. Tears was Me eursitubm • net sum may so. ihnowsse ••• •asserem0 v. one and ens.. rah Parrdes Fat. Data is beim taken week. • not suse if bat is be most iallectree way to meals. growth. Lry Nieves .re was amtssin to soon459 and procedural/due process is Pus Ida.. In Daley le I. EHP modal, I. *imp or mamma a. sl. odium . a v.v.., bash. The 'espied ouwornabbenchimarks ate moulted by ESP m.N. Ps staled in We SOFA, past outarms vivre used as specaled.Faniies Fast 4 . mrshrwing program that is ruling is a navy curricwurn. Th. Incredblis Tars. Ina expunaton pro.a0 was nol Seas end sultdent to samba . seshwars bat the appbcant had • (5ed56 plan n oboe to delefinbe I parlidgerys MI be WWI oge taut of the program. NO •eldtianal paint, Derma trisannglut Improvensint (Max. . Soo re, 5 p¢) Store: 220 , Tne epolicant proVidaS a genand bowman. of .wwey WI know. Mei panic.. am banes elf surnamed la where they.. have bean *Wool nertisipabng in the Waia.M. . Appbsant doss not ascribe how much or stet agree of .ange in ea. ere& is 'lint.. enough to be consbefed a subsea los penis... Ley believes them was *wises. to sari. is tha sedbn. If you leash a patent • new ski .1 ,...ar an.ne• a W., ...V. Mlarect Mb hisibes [NW andor enience thei cognabe end social skit; t.t in Seer h e success. App... danlies . neon. of .ange bosomed sms based on . curriskun. An pidgins! 2.3 4 awasdad to ...se . score la SS. 2.3 AsIdesonal points &womb:, eller the aP(eral Wenn.— N•rtatiVe. 66000en6 sulscentradam Ralson. Ohs. SCOW 3 pi) Sam: 1.50 Or0ara0e06,55I Gnarl *ova na. anow supervisory ralatonshass es bdisated in Ma sniffing p.n. Pilniniatmtiv• ....int Gynahmair a. NOS flan v.i. DIsvialdies 15 nol basked in . orpanitalon dm, This sechan n bang +(Monde Os... Gily ..v•a 106.6was orniar.on to scorns this saston. Please see maps.* soave in Sm.. Tede (alai. An •tl draon•11.00 ...al -cad 0.3.1 on Ine Ian tnal staff describon was wovieen under other leislons throughout he spoiation. The chart .der the .SMPIng-N a rmlbe. sedson was not cher. It sbas not shenv Me sbrf andor auboarapadoia ler . pogrom. Supervisory tole was not poet aoscri.d. Adthoonal pokni, ow:broad aller Ihe appoal. Page 3 of 4 .. T • T -• • -TlittST TEAM LEADER CONMENTS PFDANDo AAP PALFTEN im -,PcmiTs ADO-.10 .... - .. -..: .. . . „ . ... . ' - ' ' • . bucpet. I.M. Wm (M.o. Seam, Pts) Score: 2.70 Cost tor Mc3 Consul.), end Excel Consulting am millemely high based on services being ienbred. Cost ni inaseenco a •rt Inbred be umbel must ati intoned in In• bier. ID, of lb Midget net in each nth...clefs budget. Dews. cast el aboontractors we not broken down •spicitty. bleep* rale IS =an*. wamuntwo tee it en •dminbagw• bib lab. amount hem th• Cly is not includ•d. onn No in ibol amount Ions. aid Can cabbala -ncludod. Oteeielt cost tor suppies exceed the amount Mlowable In be NOFA bodge! NISNICI*113. Many audgMed expanses moms. appear In be unreasonable Nei, low or high) /abbe to bow isiend•resi Tmat guide... •rcisie b• program proposed. The belch column a iboriblets or became, City betimes byre we• cowman irt scamp tha uction. As pet OOP modal. currubm is high Monza* mobbing hems el iodenMe gioup a•asiont imalang ba teem . bailers. Aborting ie City 0..ed• •nd FL 5btu•. each subcontractor ',Iasi preens thet atm insurance. Cry a not legally pa rtobad to dam suboattabers insubnco. Tim Inlet tor,. al sebum...tors provide their own insurance. Cibi match win provided and sblad n budget twitunwo to, ban Mb end space (au littachmenti. lithap• rata was taken horn Tha Trust webb Mae ...both Acidumel sem mu untitled ladocaLlie Pa butIg. was comp,. and ncluded mast el the intimmlion as pitr the NSF/. 1,46•011111. and poolwa. beady deducted on be 'MN, sectons be Ole solabbactors. Men el be paint robe deducted because the swami rt believed bat um* of Dm moms •I• tifill•C0351, antl uniemonahle to inahmeal b• labetted PalgrenbA• am Mo3 mnsubed 'Nab 3 .3 Addbonal points imained Wier Om •PleeeL Pam, Soundness (Ma, Smiei 15 pts) Seer, 13.00 Correa Imbibes no high n baton blob impwidames. Please gee attached egie•ment •nd lbahimbed pievisient. No bongo n Me soma baseo on be bormatan probbd(nol art of ins spent...ens). No int...Man en how Mt Memo Meted b Um Gabon. Pada.0.1 bobs wem liwabled B./ the appeal. 371M0.01Some has nobased to Imbibe Neel Secensmended to lbd at camera level. cbei is,bo, MA ' N/A 13.7 Page 4 Of 4 WebGranis - Childrens Trust Page 1 of 21 The.C.hildrenisTrust Application 232 - Parenting Education and Family Strengthening Programs - NOFA 2011-01 923 - Families First for Parents Children are supported by safe, nuturing families and communities • Status: Submitted Applicant Information Primary Contact: Name:' Title: Email: Address: Phone:' Fax: Ms. Salutation Director Iblondet@miamigov.Com 444 SW 2nd Ave, OGA 5th FL Miami City 305-416-1536 Phone Organization information Legal Name: Unit (if applicable) Address: Mailing address if different from agency address Mailing Address: Mailing: Additional information Additional Agency Information Phone: Fax: Organization Website: Organization Type: Date Agency Established' Federal ID Number: Fiscal Year End: Executive Director/CEO' Phone: Fax: Email Address: Financial Contact/CFO:' Phone: Fax: Lillian First Name Florida State/Province City of Miami, Inc. Submitted Date: 02/25/2011 7:55 PM Blondet Middle Name Last Name Ext. Florida 33130 State Zip Code 444 SW 2nd Ave. Miami City 33130 Postal Code/Zip 444 SW 2nd Ave, 5th FL Miami Florida City State 305-416-1509 Public/Government June Month 59-6000375 October Tony First Name 305-416-1536 Email Address: tcrapp@miamigov.com Larry First Name 305-416-1011 (springy@miamigov.com 33130 Zip Code 1896 Year Crapp, Jr. Last Name Spring Last Name A/1 Yln1 1 WebGrants - Childrens Trust Page 2 of 21 Agency and Program Information Agency Information • Select agency size based upon Agency's total current year budget (or operating expenditures). • Agency Size: Annual Agency Budget of more than, $300,000 Brief Agency Mission Statement:' Briefly describe your agency mission. (100 word limit) To be an international City which embodies diversity, economic opportunity, effective customer service and a highly -rated qualify of life. G ra ntwriter Is this application being worked on (in part or in whole) by an external consultant or grant writer (including paid or unpaid)? Consultant / Grant writer: No, only staff of the Applicant Agency created the application If yes, who? Last Name First Name Company Title Conflict of interest • Please note That the State and County conflict of interest laws apply to this NOFA and its contracts. These laws may be viewed at www.ethics.state.fl.us and at www.miamidade.gov/ethics/library/Ethics-Brochure-2005.pdf. Employees of The Children's Trust and current Board members of The Children's Trust cannot participate in any way, or be involved with, the development of any response to a NOFA. All applicants must disclose the name of any and all grant writers/consultants or agencies involved in the creation of this application. All applicants must disclose if anyemployee of The Children's Trust or a current member of its Board of Directors participated in any manner in the development of a response to the funding application or has any interest, directly or indirectly, in the applicant's business or in any of its branches. Such disclosure must be submitted by signed, written letter as part of the application no later than the proposal deadline. Does anyone on the board of directors or staff of the applicant agency have a conflict of interest with The Children's Trust board of directors or staff? Conflict of interest: Yes If yes, please list the name of the person and nature of the conflict (250 word limit, or approximately 112 page): Dr. Miguel Balsera is related to the Education Initiatives Coordinator, Esther Balsera, City of Miami. Geographic area(s) to be served Are proposed services offered Countywide? ND Community Redevelopment Agency (CRA) areas Are proposed services or sites specifically located within any of the following Community Redevelopment Agency (CRA) areas? Based on The Children's Trust's agreements with three CRAs, $2,000, 000 are available within the City of Miami Beach CRA; .$500, 000 within the City of Miami Omni CRA; and $500,000 within the City of Miami Southeastern Parkwest/Overtown CRA. This funding is not required to come from any particular Trust -funded initiative, but in the aggregate must meet the agreed amounts, meaning that less than the full amounts may be awarded to CRA areas through this funding opportunity. The City of Miami Beach CRA includes zip codes 33139, 33140 and 33141. The City of Miami CRAs are composed of portions of 33126, 33128 and 33132, as noted on the maps. City of Miami Beach CRA City of Miami Omni CRA Updated 02/11/2011 City of Miami SE Parkwest/Overtown Updated 02/11/2011 City of Miami Beach CRA: City of Miami Omni.CRA: City of Miami Southeastern Parkwest/Overtown CRA: No No Yes. hl1C CCh/- A /1 /'1111 1 Web Grants - Childrens Trust Page of ll Program and Participant Information Program Information Brief Program/Service Summary:' Describe what services are being proposed through this program very briefly. (100 word limit) Families First prepares parents for school -readiness in the low-income and minority -dominant communities of Overtown, Coconut Grove, Wynwood, Little Haiti, Allapaltah and Little Havana to advance the competence and confidence of caregivers. The City partners with established childcare centers to create convenient accessible sites to promote social, emotional, and academic compentence in children; child development awareness; and developing positive interactions between parents and children. Families First is tailored to ensure cultural sensitivity and fits the City's multi -cultural backgrounds. The program builds -up parenting competencies and encourages involvement in children's school experiences to strengthen parenting skills and foster more tolerant communities. Participant Information - All participant numbers below should represent the unduplicated counts of unique people to be served Total number of unduplicated parents/caregivers to be served across all sites Parents/caregivers: 120 Estimate the proportion of parents/caregivers expected to have children in the following age groups (these three percentages should total 100%). Estimate based on history of providing these or similar services. Enter zero in the field if not serving parents/caregivers with children in a particular age group.. Parents with children prenatal-5: 100 Estimated % % Parents with children 6-12: 0 Estimated % % Parent with children 13-18: 0. Estimated % If the parenting program will also directly serve children, estimate numbers below; if no direct services will e delivered to children, enter zeroes. Enter the total number of unduplicated children to be served for each age group. # children birth-5: 120 # children 6-12: 0 ;- children 13-18: 0 if the parenting program will also directly serve other adults (i.e., staff, processionals), what is the total number of unduplicated others to be served?. If no other adults will be served, enter zero. •# Other adults: 0 Services for Children with Disabilities The Children's Trust expects that all programs be inclusive of children with disabilities.and their families regardless of the level of severity of disability, provided they can be safely and reasonably accommodated. How many of these parenting participants are expected to.be fatuities •of children with disabilities? Estimate based on history of providing these or similar services. . - .- # Parent participants with children with disabilities: 10 Applicant's qualifications to serve Children with Disabilities and their families:* Describe the applicant's qualifications and experience working with children who have disabilities and their families, including a description of the functional levels of support you are equipped to provide, the specific types of disabilities of children previously or currently served, approach to inclusion and formal trainings completed (e.g., through the ACT Resource Network). (250 word limit, or approximately 1/2 page) Qualifications and Experience: The Sandra DeLucca Developmental Center, a Division of the City of Miami's Parks and Recreation Department has been delivering programs for children and adults with Various disabilities since 1973. Programs are available to all persons with disabilities residing in Miami -Dade County. Programs offered include Adult Day Training Program, AfterSchool Program and Summer Camp, Miami's Accessible Guide to Inclusion in Our Community and Project Search Miami. Functional Levels of Support: Miami is equipped to provide services for those with developmental, intellectual, and physical disabilities, is ADA compliant, and provides training for City staff in cultural competency. CCDH, an advocacy organization, provides wrap around services for people with disabilities, They are a critical partner dedicated to assuring that individuals with disabilities and their families receive the assistance and supports necessary to live a high quality of life. The Families First will make appropriate accommodations where necessary. Types of disabilities previously or currently served: Miami typically serves 50 % Special Needs; 100 % Developmental/Intellectual Disabilities inclusion: Miami designs its programs to provide persons with disabilities equal access to activities to enhance their quality of life and iosrzire confidence, self-esteem and foster independence. Formal Trainings: Accreditations/Affiliations . Miami -Dade County Public Schools, Division of Special Education, Transition Program Designation • Department of Education, State of Florida, Agency for Persons with Disabilities, Medicaid iViiedwaiver Provider . Department of Education, State of Florida, Division of Vocational Rehabilitation, Employment Services and , . /oni 1 V7ebGrants - Childrens Trust Supported Employment Provider Social Security Administration, Ticket to Work, Employment Network Provider Page 4 of 21 Enrollment Requirements Is the program universal/open for enrollment to anyone in the community, or limited to members of particular group(s) (ex., students attending a particular school, families living within a specific geographic area, girls only, etc.)? Enrollment type: universal enrollment/open to anyone Target Population Description:' Describe the people expected to he served, including any program entry criteria/requirements if the program is limited to particular group(s). If enrollment is limited to members of a particular group, describe the group to be served and explain the rationale for limiting participation to the selected population, If program is universal/open to anyone, describe the expected demographic characteristics (ex., sex, age, race, ethnicity, etc.) and relevant rislc/influencing factors (ex., poor school performance, low income, recent immigration, etc.) of participants, based on program history or location. Vulnerable populations of interest to The Trust include children with disabilities, children of migrant parents, children of military families and children involved in the dependency and delinquency systems, (250 word limit, or approximately 1/2 page) FF aims 10 serve 120 parents/caregivers, and supportive family members of children ages-3 to 6, in Overtown (located in CPA), Coconut Grove, Wynwood, Little Haiti, Allapattah and Little Havana. The populations in the four targeted neighborhoods share similar characteristics in their poverty and diversity. 90% of the 39,393 estimated residents in these neighborhoods are ethnic minorities, (50% Hispanic; 40% African or Caribbean American; 5% Caucasian and 5% Asian or Native American). In the zip codes addressed, there are more single mothers than other areas (The Children's Trust). All schools in these neighborhoods are in School Improvement Zones. Florida has the 6th highest rate for teen pregnancy in the nation, and 2nd highest rate of HIV infection rates, largely among heterosexual couples. The City of Miami is ranked the 6th poorest among large cities in the United States; statistically it tied for third place. Miami's median income is one of the lowest in the nation, $29,075. In contrast, Miami -Dade County has a median income of $43,650, the State of Florida $47,804 and the nation $50,740. The statistics for parent living in the areas surrounding the childcare centers are even more startling. Neighborhood Total Households Median Income % of HH with income $12.000 or less Overtown 3,646 $13.212 46% Coconut Grove 912 $28,043 25% Wynwood 1,361 $14,794 44% Little Haiti 9,850 $19.526 35% Allapattah 6,123 1$17,865 37% Little Havana 17,501 $14,910 140% Source: US Census Bureau, 2000 Parents face daunting obstacles to leading healthy lives and developing healthy relationships that cultivate children to thrive as healthy, vibrant, fully functioning and contributing adults. FF provides valuable, consistent and encouraging parenting practices that set children on their way to a lifetime of success. Past Performance and Capacity Past Performance and Capacity Related to Proposed Services:* What in your past service performance should persuade The Children's Trust that your egency can successfully implement the proposed program? Include at minimum answers to the following points. (500 word limit, or approximately 1 page) .• What is your history of performing the proposed program and serving the proposed population? If your agency previously performed the same or a similar program, describe the program and tell us who funded you, what years you were funded, the'amount of annual funding, and your successes and challenges. • In describing past performance results, specify how much you did (i.e., numbers served, extent of services delivered); how well you did it (i.e., percent of targeted/contracted services actually delivered/ utilization, quality of services delivered); and how participants were better off (i.e., participant outcomes). • What influencing factors, or stories behind the data, have a role to play in making your past performance look the way it does? • How will this history of performing the same or similar program result in successful implementation of the proposed program? • If your agency has not performed the same or similar program, fell us what about your agency's history leads you to believe your agency will successfully implement the proposed program. • Describe the agency's capacity to comply with governmental regulations, develop/maintain appropriate records to document the delivery of proposed services, track/report performance measures and participant outcomes, prepare program and fiscal reports, etc. • Identify/describe any relevant attachments and include these in the Attachments of your application. These may include previous agency/program evaluations, publications and/or funder monitoring reports. In general, if the program has been previously funded, we expect to see attached documentation of program performance. • Note.' 14/e desire more quantitative data versus narrative for this section (for example, data charts showing trends of participant retention, program/service utilization, participant outcomes, etc). Past Performance and Capacity: Families First (FF) otrered parenting prevention program d igrTed to-irrc'orpurdle literacy skills, parent -child activities, strengthen oral language development, give parents a venue to share concerns, learn new -strategies and connect parents to a variety of services that support family stability. FF new curriculum will target parents with young children to prevent problem behaviors and negative parent -child relationships. FF is dedicated to empowering parents with skills to develop their child's innate abilities and to promote academic 1 •t i ... - `' i/ i A_._1:....+:,,,-.D1.4,-1+D,•1.174.117 eln9Anniin,nnt1D1r-17Qti4./1 )7f11 1 1AiebGrants - Childrens Trust readiness, problem solving &. social/emotional competence with peers for children 3 to 6. Since the establishment of the FF, many families in underserved areas like Overtown, Coconut Grove, Wynwood, Allapattah, Little Haiti and Little Havana now receive free parent -child programming. Funder Year Amount The Children's Trust 2006-2007 $242,354.00 The Children's Trust 2007-2008 $236,681.00 The Children's 'Trust 2008-2009 $180,000.00 The Children's Trust 2009-2010 $159,544.00 The Children's Trust 2010-2011 $153,162.00 1 GL `' G J V 1 FF has proven to be very successful, providing programming to approximately 450 parents and caregivers and providing support services to over 3,000 community members through events. Outcomes Program Year 2010-YTD 2009/10 2008/09 2007/08 85% of participants will increase parental sensitivity and appropriate responsiveness to the emotional needs of their children. 98% 100% 91% 92%, 85% of participants will develop appropriate parental monitoring and supervision behaviors and practices 98% 100% 96% 89% 85% of Parents/Caregivers participating in the Learning Games program will report an increase in literacy activities with their child, increased shared reading, and will demonstrate read aloud strategies. 100% 100% 99% 89% At its inception, FF faced challenges with parent enrollment due to the program being located in City Parks. As a result, the venues were changed to child care centers. It has been observed that providing food and other incentives increases participation. influencing Factors: Past performance is successful in part due to the reputation of the program and its ability to provide parents a safe and nurturing environment in which they are able to further enhance their parental skills. Parents throughout the years have shown a greater interest in their child's ability to perform and have seen an increase in their child's pre literacy and cognitive development. Successful implementation: The program has remained consistent with the same partners, community, centers, curriculum, program consistency, rigor and quality control. Program director occasionally performed teacher observations on quality of teaching, adherence to curriculum, and program consistency. Agency Capacity: Regulatory Compliance The City is legally bound to abide by all government regulations. The legal department ensures all contracts are executed in accordance with applicable legal codes. Programmatic audits have not had significant findings from The Children's Trust and 2009's program specific audit has been approved for completion in March 201 1 by The Trust. Record Keeping Systems As evidenced by Trust reviews, the Families First staff made changes to procedure in accordance with Trust recommendations that established a successful and accurate documentation process. Fiscal Reports The City will serve as fiscal agent and manages millions of dollars in federal, state, and local grants. Expenses will be handled by the Finance Department, awarded the Certificate of Achievement for Excellence in Financial Reporting. Attachments: Monitoring Reports, Parent Letters, Program Flyers Participant Recruitment, Engagement and Retention Participant Recruitment, Engagement and Retention:* Outreach and engagement activities are necessary to ensure program enrollment, participation and completion. Program attendance and completion are associated with obtaining favorable outcomes. Describe how your program will initiate contact with, recruit, enroll, engage and retain pariicipanls. Each of the following points should be addressed in your response. (500 word limit, or approximately 1 page) u._ Jrr,. a:., +t,o,lt,;1,a, of-mci „Pt/r,PtAnn1 r.1tinnPrintPreview.do?d0cun7entPk=12955626... 4/1/2011 -WebGrants - Childrens Trust 1�a;e b °t , I o What efforts will be made initially to locale and engage participants? What access do you have to the target population? F What strategies will be used to maintain engagement/participation of those enrolled to ensure retention? How will you ensure participants attend regularly, and foroul-of-school (OOS) programs, how will you ensure program slots are filled on a daily basis? • what barriers to program participation do you expect to encounter and how will your program resolve these barriers? What level of attrition do you expect and how will you plan for that? •o Describe the desired level of participation and define successful program completion, if applicable. Wnat is the required number of services for a participant to achieve results? Describe the guidelines, requirements and timeframe of successful completion, based on the program model selected. How many or what percentage of participants are expected to reach the desired level of participation? .p What services and/or support do participants receive following successful completion (if any)? Recruitment: The outreach program reaches parents through both the childcare centers and the community. Parents will be reached by print ads in center bulletins; posters in Community centers, Community -Based organizations, Parks and NET offices. FF staff assigned to function as community liaison will conduct grassroots outreach at the child care centers. Information will also be distributed to adults accessing services via the ACCESS Miami program. Notices of the program will be posted on the City's website. FF program directors also attend childcare orientation meetings as part of the recruitment strategy. Engagement: FF has chosen quality service providers that are uniquely qualified to achieve the highest possible outcomes in the development of positive parenting skills, child development, social supports and health and safety. FF has been providing services in the targeted communities for the past five years. To keep parents engaged, FF includes supplemental activities that enrich the Incredible Years curriculum. These include Gymboree classes that provide opportunities for parents to learn to play and interact with their children as wet as health and safety sessions. For this year, FF has added an FF Family Basket that will be filled with interactive games and materials for home activities that support lessons and foster program interest. In implementing the program with fidelity, meals will be provided at every session as recommended by the model. Parents also receive assistance with transportation and entrance to 3 citywide events (one per cycle). Retention:Teacher assistant will be available to parents experiencing childcare issues. Children will engagein completing activities, while parents attend the session. The FF Community liaison will conduct interventions at targeted sites; call registered parents weekly to follow up status on participation and offer services or options to address issues preventing attendance. Also, the FF liaison will cat 211/311 with participant(s) via phone to assist with resource connection. Parents are provided the opportunity to participate in citywide events at major venues such as Miami Children's Museum, Art Museum or the Arsht Center. Food will be provided, per the model, at each class and educational supplies, books, and games will be distributed. Barriers: Transportation to the centers: Per model, provide bus passes to parents. Event and session participation: Provide parents with food as sugested in model, entrance fees and transportation. Parent initiative: Use milestone rewards for parents at each class. Attrition loss: 20 — 25%. To prepare for potential loss, continual recruitment efforts will be conducted. Desired level of participation successful program completion: The desired level of participation is 100%. Successful Completion is 10 of 12 sessions. 80% of participants are expected to complete at least 10 sessions. Services provided to achieve success: • Parent Education Instruction • Support appropriate to parent(s)/caregiver ▪ Referrals • Health & Safety Sessions • Screenings • Opportunities for family/child interaction Upon program completion, parents and families are invited to a citywide cultural event, provided with transportation and food, and will receive a City of Miami Certificate of Completion. Parents are linked by the Program Director to the Miami -Dade County Parent Academy, which provides parents follow-up workshops and events for parents/families to participate in. Evidence -based Programs and Practices What Works to Help Participants Do Better?" What evidence do you have that what you propose to do will work to improve the lives of participants? Include minimally the following points in , .., +.1.....1,;1in,a nr„,1;,.a+;r,,,P,•;,,tP,•e.viaW nn7rinr.nme.ntPk=17.95567.6... 4/1 /201 1 Selected from Trust -approved list of programs in the NOFA Child Trends Collaborative for Academic, Social, and Emotional Learning (CASEL) Colorado Blueprints Find Youth Info Harvard Famiiy_Re$BaWILELQ)ect National Registry of Evidence Based Programs and Practices (NREPP) Office of Juvenile Justice Department of Prevention (OJJDP) Promising Practices Substance Abuse and Mental Health Services Administration (SAIMIHSA) U.S. Department of Education's What Works Clearing House U.S. Department of Health & Human Services' Office of the Surgeon General (OSG) WebGrants - Childrens Trust response. (500 word limit, or approximately 1 page) b Identify the specific program or curricula to be implemented and specify whether each is an evidence -based program (mark all relevant designating agencies in support of the program as listed below). Why did you select this program/ curricula? How will you implement the program with fidelity? if you .intend to alter evidence -based programs/curricula, explain how and why the modified program will still deliver successful results. a Proposals that do not include evidence -based programs/curricula will be closely scrulinized and may not score as high as evidence -based programs. Applicants must provide a strong rationale as to why public funds should be used in support a program without an objective, established history of effectiveness. What is the basis or justification for why the proposed program is expected to deliver successful results with proposed participants? Curriculum choice: Incredible Years BASIC Parenting Program http://www.incredibleyears.com/ The Incredible Years core parenting program, entitled BASIC includes the following components: child -directed play and reinforcement skills and a specific set of nonviolent discipline techniques including Time -Out, ignoring, logical and natural consequences, and problem -solving strategies. Positive parenting and relationship building skills are taught before consequences and limit setting because a strong and positive parent -child relationship is considered to be the foundation for effective discipline strategies. The BASIC program has protocols for a minimum of 12 sessions and specifies a minimum number of vignettes to be shown and suggests food, transportation and child care services be provided. Effective Program Implementation with Fidelity: Incredible Years founder, Carolyn Webster -Stratton, Ph.D. has identified five key elements to effective program implementation for the Incredible Years model: "(1) standardized treatment delivery (using comprehensive clinician manuals, well articulated protocols, videotapes and materials for parents and children); (2) standardized quality training for group leaders delivering the intervention; (3) effective supervision of group leaders; (4) on -going fidelity monitoring and certification; and (5) agency or administrative support". The City of Miami has the capacity to implement all five components with fidelity. Program Manager (Mc3 Consulting, Inc.) will be responsible for ensuring the parenting program's fidelity. High program fidelity is achieved through a number of processes within the Incredible Years model. Detailed session adherence protocols wit be followed by using a process checklist provided by Incredible Years. Part of the process of delivering the intervention includes asking group participants to complete evaluations of every group session. Program Manager will determine how participants learn best —through modeling or discussion or reading and then be able to tailor home activities accordingly for families or teachers. Finally, the Incredible Years certification or accreditation process was designed to allow group leaders to continue their learning process after the initial training in the program and to offer formal recognition to those who make the extra effort to demonstrate that they are competent to implement the intervention. Once certification is achieved, maintenance of the fidelity of the program delivery is attained by attending consultation workshops every.2 years, ongoing peer consultation and review of videotapes as well as peer support groups led within the agency. Submission of session .evaluations by clients and completion of session protocols will be considered part of the City's accountability. Additionally, the Program Manager will conduct peer reviews and self -review to help determine strength,s as well as areas of the group process needing strengthening. (Please see the attached Program Fidelity chart, checklist and parent satisfaction questionnaire). Reliability: The Incredible Years Parent Training Programs have been proven in numerous randomized control group studies to be effective for promoting positive parent interactions with children, strengthening children's emotional, social, and self -regulation competence and reducing behavior problems in both prevention and clinic populations. Incredible Years has been selected by the U.S. Office of Juvenile Justice and Delinquency Prevention as an explempary best practice program and as a 'Blueprints" program. It was also selected as a Model program by the Center for Substance Abuse Prevention. Page 7 of 21 What designating agency(ies) or organization(s) awarded the program evidence -based status? Agency/Organization Awarded evidence -based status Yes Yes • Yes A ti r-nni 1 WebGrants - Childrens Trust VVashington State Institute for public Policy (WSIPP) Wnal Works Wisconsin 1 GLL,L• a v.I Other Designating Agency If fhe agency or organization that awarded the program evidence -based status is not listed above, specify the agency. (20 word limit) Awarded by other Agency/Organization: Quality Assurance, Fidelity and Service integration Ongoing Quality Assurance and Program Fidelity:' Quality Performance Measures: How will you measure whether services are being delivered well?. (500 word limit, or approximately 9 page) Describe your ongoing quality assurance processes and procedures in place in the program. Include any specific quality or fidelity measures collected and the source/measurement tool and timing/frequency of collection. • Programs must be implemented with fidelity to the evidence -based program/curricula used to result in a replication of the expected beneficial effects. Identify how you will track and measure adherence to the evidence -based model programs/curricula proposed; or if you are not proposing -an evidence -based program, explain how you will ensure the program is implemented as you have proposed. Remember to attach any applicable checklists or other pertinent documentation to illustrate this in the Attachments of your application. The City of Miami recognizes that Quality Assurance Processes are key to ensuring parents receive complete and high quality prog•ramming during theft participation in Families First (FF). Oversight structure, evaluation tools, and feedback loop for continuous quality improvement are planned to ensure the program is properly implemented at all eight childcare centers. The Office of Grants Administration has designated its Education Initiatives Coordinator (Esther Balsera) and Administrative Assistant (Rosie Isma) for overall implementation and quality control. On -site, the Program Directors coordinate the program calendar; subcontractor participation, data collection, supplies and maintain open communication with site administration and parents/caregivers. The Program Manager implements the Incredible Years curriculum. FF will use the results from evaluation tools to monitor the administration and quality of the services being•provided. If modifications become necessary FF will seek Children Trust approval before making any necessary adjustments. Weekly the data is collected and input by the Program Director. Monthly, the Education Initiatives Coordinator reviews outcomes with the Program Director to identify successes, challenges,. and institute corrective action, when needed. Staff will continuously gather information to assess progress towards established goals, measure how strategies are working and determine whether efforts are achieving desired results. These measures will insure that staff makes informed decisions about the allocation of resources, curricular priorities or new initiatives such as outreach methods that directly enhance the success of the program. Other than this general monitoring, specific assessments will be conducted: Tracking Evidence Based Best Practice .(EBP) Adherence: Includes following the Incredible Years Logic Model (http://incredibleyears.com/program/IY-logic-model_parenting-program.pdf) and the following attachments: • IY Parenting Program Logic Model • IY.Parent's Satisfaction Questionnaire • IY Peer and Self -Evaluation Interpersonal Process Form • IY Self -Monitoring Checklist • IY Agendas and Checklists The City of Miami will also conduct an end of year review with all partners to ensure that lessons learned carry over into the following year. Service Integration:{ The Children's Trust expects that every program it funds is part of a community -wide system of care. Explain and describe how your program will be integrated and coordinated within that community -wide system of care, including how you will connect participants with other needed community resources/programs. How does your organization support children and their families in accessing additional services (other than the proposed program services) when such needs arise?. (400 word limit) The City of Miami (COM) believes that its role is to provide resources that enable its residents to enjoy the highest quality of life possible. As a government entity it provides several services to constituents directly and partners with other agencies to obtain other much-ne-eded services. Services available to parents -or caregivers of participants residing in the City of Miami include: . Foreclosure assistance-COM Foreclosure Program • Tax preparation-COM ACCESS Miami program • Computer purchase assistance through matched savings program- COM ACCESS Miami „et!oetAM-di cationPrintPreview.do?documentPlc=12955626... 4/1/2011 WebGrants - Childrens Trust • Programs for adults and children with disabilities- Sandra De Lucca Center and Project Search • Workforce training in the new One Stop launching in 2011-ACCESS Miami • ELEVATE Miami computer training to become digitally literate- COM Information Technology • Emergency housing vouchers to prevent homelessness- COM Miami Homeless Assistance Program Should parents and/or caregivers express a need for services, the Program Director or Program Manager will make and document the referral in the file. For those services not directly operated by the City of Miami, the Education Initiatives Coordinator or Program Director or Program Manager will connect the parent/caregiver to 311 or 211 to find the most appropriate, affordable and convenient service provider. These directories have proven powerful tools to ensure caregivers get the resources they need. Though the City cannot case manage families under this grant, it can connect parents and caregivers toi reputable providers through the 211 and 311. implementation Timeline Specific Milestone or Activity Description Professional Services Agreement Prepared: FF must have formal agreements with each subcontractor prior to start of services on August 22, 2011 (start of school year). Contract Acceptance: Contract delivered by The Children's Trust to the City of Miami, Office of Grants Administration, Mayor's Education Initiatives. .71 J Responsible Party (name, title, agency) Expected Expected Start Date End Date Robin Jones, Attorney, and Esther Balsera, Education Initiatives Coordinator, Office of • 06/20/2011 07/28/2011 Grants Administration - City of Miami Contract Manager, The Children's Trust 06/20/2011 06/24/2011 Contract Acceptance and Executed with TCT: To get legislation approved by the City's Commission, documentation must be routed ,for approval by relevant City Departments. Upon award acceptance, the Esther Balsera, Education Initiative City Manager is authorized to sign TCT contract. Originals forwarded to Coordinator, Office of Grant Administration - 06/24/2011 08/01/2011 TCT for execution. City of Miami Staff Hiring: The City of Miami does not anticipate the need for new hires, however, in the event nev,' hires are needed, FF will follow the City's hiring guidelines and requirements. Purchasing Materials: To comply with current City of Miami purchasing processes, start-up materials will be ordered immediately following contract execution. Staff Training: All staff including subcontractors will be trained in program curriculum goals, objectives, outcomes, data collection processes and evaivation. In addition, training will be provided on working with children with disabilities and outreach methods for this population. Professional Services Agreements Finalized: Agreements must be signed prior to the start of services on August 22, 2011 (start of school year). Esther Balsera, Education Initiative Coordinator - City of Miami Esther Balsera, Education Initiatives Coordinator - City of Miami Esther Balsera, Education Initiatives Coordinator - City of Miami Robin Jones, Attorney and Esther Balsera, Education Initiatives Coordinator - City of Miami Final Contract Delivered by TCT to the City of Miami: Final contract delivered to the City of Miami, Office of Grants Administration Mayor's ,: Education Initiative with signatures and award letter. Contract Manager, The Children's Trust Meetings with Child Care Centers: Meetings will be scheduled to discuss program requirements, recruitment, activities, establish site support team and to arrange teaching space. Maria C. Carreras, EdD & Yolanda Minagorri, EdD, Program Direclors- Exceptional Consulting for Educational Leaders, Inc. (ExCel) and Esther Balsera, Education Initiatives Coordinator - City of Miami 06/30/2011 08/15/2011 07/28/2011 08/15/2011 08/15/2011 08/17/2011 08/01/2011 08/18/2011 07/21/2011 07/29/2011 08/01/2011 08/19/2011 Parent Outreach and Recruitment: Flyers posted at the sites071 distributed to community and faith -based organizations. Also, direct recruitment by teachers and an Open House at each site to explain the program to parents and caregivers. Maria C. Carreras, EdD & Yolanda G. Minagorri, EdD, Program Directors, Exceptional Consulting for Educational Leaders (Excel), Inc. 07/15/2011 08/22/201 1 , „ /Lc_-a,,,,1;r;,f;n„P,-;,,tP,-e.v;n.,>✓.r1n?r1ncumentPk=12955626... 4/1/2011 \yebGrants - Childrens Trust Training: Program Manager and Program Director staff will attend "Incredible Years" training in Seattle to be certified in the program and will train and assist other program staff with the "Incredible Years" curriculum, program expectations and requirements. Partnerships Table Partner Partner Agency Description Conee, Inc. d.b.a. Gymboree Play & Music Exceptional Consulting for Educational Leaders (ExCel), Inc. Since its creation in 1976, Gymboree Play & Music has created developmental play, music and art classes for parents and children ages newborn to five. Based on a blend of early childhood development theories complemented by more than 30 years of hands-on experience. ExCel provides tailored educational consulting and practical, hands-on workshops for administrators, teachers, parents arid para-professionals. ExCel's goal is to provide assistance to educational programs and initiatives to improve learning, implement educational programs, reach goals and objectives, to achieve' higher levels of excellence in the operations and administration of their organizations. Tisa McGhee, PhD is the CEO of Mc3 Consulting Inc., founded in 2009. Prior she served as the Senior Professional & Organizational Manager at The Trust. Her expertise include: program implementation, evaluations, organizational development and training. Mc3 Consulting Mc3 Consulting, Specializes in implementation of evidence based Inc. practices. Notre Dame Child Development Center Notre Dame Child Development Center is a non- profit organization, whose mission is to provide quality childcare services. The Center will coordinate with The City of Miami in order to help prevent the development of negative behavior which will subsequently lead to -the -development of staff, mature, productive and successful adults. Page 10 of 21 Tisa McGhee, PhD - Program Manager, - Mc3 Consulting, Inc., and Maria C. Carreras, 05/15/2011 08/17/2011 EdD, Program Director - ExCel Role in Program Implementation and Resources Committed. Role: • Organize and implement session instruction per Incredible Years Curriculum. •• Provide required materials (if necessary) for parents at each session. • Schedule sessions with program director. • Compliance with all reporting requirements. • Staff with competence in subject matter and completed background screenings. Resources: Staff, curricula, materials, program facilitation Role: ExCel is responsible for program management at all program sites, obtains site locations, plans and implements schedules, assists with recruitment, collects data, provides reports and compliance with program goals. Resources: Staff, Incredible Years curricula, materials, program facilitation Role: Implementation of the Incredible Years BASIC Parenting Program, follow quality assurances and fdelity processes; ensure a CQI protocol is followed for fidelity. Design, analyze and interpret relevant data specifically about program implementation. A final report will include data re: program implementation, lessons learned and success stories. Resources: Incredible Years Curricula Role: Provides facilities, training of teachers and administrative support. • Resources: Facilities, teachers, and support LOA/MOU Paid attached? subcontractor or in -kind services Yes paid Yes paid Yes paid Yes in -kind Centro Mater Child Care Center's an organization, whose mission is to provide quality childcare Role: Provides facilities, training of teachers services. Centro Mater Child Care Center will and administrative support. lr A d/1 /lC11 1 WebGrants - Chilclrens Trust coordinate with The City of Miami in order 10 help prevent the development of negative behavior which will subsequently lead to the development of mature, productive and successful adults. Centro Maler Child Care Center Lemon Ciiy Day Care is an organization, whose mission is to provide quality childcare services. Lemon City Day Care will coordinate with The Ciiy of Miami in order to help prevent the Lemon Clly Day development of negative behavior which will Care subsequently lead to the development of mature, productive and successful adults. Our Little Ones Learning Center Centro Hispano Catolico Child Care Center Our Little.0nes Learning Center is an organization, whose mission is to provide quality childcare services. The Center will coordinate with The City of Miami in order to help prevent the development of negative behavior which will subsequently lead to the development of mature, productive and successful adults. Centro Hispano Catolico Child Care Center is a non-profit organization, whose mission is to provide quality childcare services. The Center will coordinate with The City of Miami in order to help prevent the development of negative behavior which wit subsequently lead to the development of mature, productive and successful adults. Page 1 1 01 21 Resources: Facilities, teachers, and support staff. Yes in -kind Role: Provides facilities, training of teachers and administrative support. Resources: Facilities, teachers, and support Yes in -kind staff. Role: Provides facilities, training of teachers and administrative support. Resources: Facilities, teachers, and support Yes in -kind staff. Role: Provides facilities, training of teachers and administrative support. Resources: Facilities, teachers, and support staff. Yes in -kind St. Alban's Child Ehrichment Centeris a private not - for -profit organization, whose mission is to provide Role: Provides facilities, training of teachers quality childcare services. The Center will and administrative support. coordinate with The City of Miami in order to Help St. Alban's Child prevent the development of negative Enrichment behavior which will subsequently lead to the Resources: Facilities, teachers, and support Yes in -kind Center development of mature, productive and successful staff". adults. United Way Center for Excellence in Early Childhood Culmer Child Care Center United Way CenterforExcellence in Early Childhood is an organization, whose mission is to provide quality childcare services. The center will coordinate with The City of Miami in order to help prevent the development of negative behavior which will subsequently lead to the development of mature, productive and successful adults. .Culmer Child Care Center is a non-profit organization, whose mission is to provide quality childcare services. The Center will coordinate with The City of Miami in order to help prevent the development of negative behavior which will subsequently lead to the development of mature, productive and successful adults. Program Activities Activity/Service Name & Description Component: FF Parent/Household Assessment Role: Provides facilities, training of teachers and administrative support. Resources: Facilities, teachers, and support staff. Role: Provides facilities, training of teachers and administrative support. Resources: Facilities, teachers, and support staff. Yes in -kind No in -kind ;r Required °/a to Children Parents/Caregivers Others Sessions . meet required Content: Assessment Tool selected by The Trust Evidence -Based Program: Accommodations for Children with Disabilities: N/alViodifications �..4- n-_-..t: +: n..:..+T)..,.,,;,,,,S4,`)/ nl /1 Y)(11 1 Iir 125 125 0 1 100 WebGrants - Childrens Trusl for children with disabilities will be provided prior to program start. NOTE: Please disregard the assessment activity listed above this activity and do not consider for review. The online portal would not allow this row to be modified or removed. The Children's Trust was emalled on Thursday Feb. 24 and called on Feb.25. The City was told that a callback would be made but had not received one by the time of submission. Component: Incredible Years for Parents Content: incredible Years for Ages 3-6 covering: Child directed play; Academic persistence; Social coaching; Encouraging cooperative behavior; Establishing rules and limits; Managing misbehavior; Helping children self -regulate; Teaching children time out; Teaching children beginning problem solving steps Evidence -Based Program: Incredible Years Accommodations for Children with Disabilities: Modifications for children with disabilities will be provided prior to program start Frequency/Intensity/Duration One 2-hour session a week, 12 sessions in a cycle; 3 cycles in a year. *Note: Supplemental Sessions provide reinforcement and are interspersed in the cycle, occurring 5 times during the cycle. (4 Supplemental Instructional sessions, 1 Cultural Outing for Parents and children) Managed by: Program Manager (Mc3 Consulting, Inc.) Component: Supplemental Activilies Content: Using guidance from Incredible Years, these parent/child supplemental activities will allow for parent knowledge acquisition and behavioral change to be observed, and allow a fun and experiential environment to learn healthy living guidelines and basic home and street traffic safety precautions. Parents attending 2 out 3 classes will be able to attend this supplemental session at their site. An instructional session on health, safety, and child wellness will be followed by a physical fitness session with Gymboree. Evidence -Based Program: Incredible Years Accommodations for Children with Disabilities: Modifications for children with disabilities will be planned prior to program start Frequency/Intensity/Duration At each site, one.2-hour session 4 times a cycle; 3 cycles a year Managed by: Program Director (ExCel) Component: Incredible Years Self -Study Content: Incredible Years Basic Self -Study. required meetings to finaize training and skills acquisition for instructors. Evidence -Based Program: Incredible Years Accommodations for Children with Disabilities: n/a Frequency/Intensity/Duration: 3 days of training and 3 self -study sessions over the course of the year. Managed by: Program Manager (Mc3 Consulting, Inc.) *Note: This is only for Year 1 to get all instructors certified. Component: Household assessment for demographic profile Content: Intake form 10 capture ethnicity, income, education, and other relevant demographic information to track improvements if any. Accommodations for Children with Disabilities: n/a Frequency/Intensity/Duration One 15 minute session; administed twice a cycle. Managed by: Program Director (ExCel) 120 120 0 0 J- age t os ,1 120 0 10 80 120 0 4 80 D 5 5 100 120 0 2 80 Component: Supplemental Aclivity/Parent/Child Cultural Outing Content: The City will provide iranporlation, entry and food for participating families to attend arts and culture events al the Adrienne Arsht Center and other venues in the City as incentive for attendance and a large public environment to practice their skills. 111:- ___ a:__� ,.,_ ,.:,.,.. ,, +;.,,�+ „o+/ �P, annPrintPrev,P.v✓ rin?rincumeniPk=12955626... 4/1/2011 VWebGrants - Childrens Trusi Evidence -Based Program: Incredible Years 1 CLOG U1 ._.1 Accommodations for Children with Disabilities: Modifications for children with disabilities will be provided prior to program start Frequency/Intensity/Duration One 5-hour session a cycle; 3 cycles in a year. Managed by: Program Director (Excel) Participant Outcomes Outcome Increasing Parenting Skills: 96 or 80% of parents/caregivers attending 80% or 10 classes will increase knowledge of: • Child directed play • Academic persistence • Social coaching ,0 Encouraging cooperative behavior • Establishing rules and limits • Managing misbehavior • Helping children self -regulate • Teaching children time oul • Teaching children beginning problem solving steps Data Source / Measurement Tool 120 Timing 120 0 1 80 Incredible Years Parent Weekly during parent Assessment sessions. Associated Activity Incredible Years' parent education instruction. Referral services offered FF parenting • Increase parent social supports: 96 or 80% of parents attending FF Participant File/Database weekly after FF instruction. 80% or 10 classes will receive referrals as needed. instructional classes. Increased parent knowledge of age -appropriate child development and expectations: 96 or 80% of participants attending 80% or 10 classes will increase their knowlege of: .• Respect and understanding children and their developmental abilities •• Modeling social skills .• Balancing power • Having developmentally appropriate expections for child • Positive parenting .• Enhancing children's learning • Establishing rules • Predictable routines and children's responsibilities Increased parent knowledge of appropriate health and safety measures: 96 or 80% of parents attending 80% or 10 sessions will increase their knowledge of health and safety measures as well as age -appropriate measures for children. Health Incredible Years Parent Assessment Pre/Post Tests Safety • • Fire Prevention (Miami Fire Rescue) Safe Neighborhoods (Miami Police Department) • Diabetes (Diabetes Prevention Association) • Health and Movement (Gymboree) FF participants will be assessed for knowledge FF parenting gain at the end of each classes. session. Tools will be administered at the FF Supplementary activities (32 total for the year). FF Supplemental activity. Participant Outcomes Measurement Define Meaningful Improvement:' For proposed outcomes stating that participants will improve/increase or decrease in particular areas, describe how you will determine whether hi-i-,�c•U'i,,,, �t;,, r, fhpr 1,;1rirpnetr„et nrt/aet Annlir. tinnPrintPr'eview.rin?rdnci lnnentPlc=12955626... 4/1 /201 1 WebGrants - Childrens Trust Page 1 of 21 the outcome is met. include within your answer how much or what decree of change in each area is meaningful or significant enough to be considered a success for participants. Are there relevant benchmarks that can be used to anchor the target % for particular outcomes? For example, if grade promotion is an outcome, the target percent of participants to be promoted to the next grade should exceed the percent of students who are generally promoted in a comparable group of students al the same school but not receiving the proposed program. if funded, this detail will be further specified in the contract negotiation process. (400 word limit) The primary purpose of Families First for Parents is to build-up parenting competencies and encourage involvement in children's school experiences and strengthen parenting skills to support parents in providing safe, stable and loving homes. Meaningful improvement for FF consists of knowledge acquisition and behavior changes. To measure these two areas in participants, FF designed a program cycle consisting of instructional classes and parent/child interaction events (enrichment events). This program design gives parents the content and practice opportunity to learn and embody active parenting. Success is measured by attendance at 10 of 12 sessions. Amongst those parents attending 10 or more FF sessions, FF considers a knowledge gain of of 20% Or higher to be significant for knowledge gain and behavior change. a. Knowledge Acquistion: 1. Increasing parenting skills as defined by the Incredible Years. 2. Increased knowledge of age -appropriate child development and expectations. 3. Increased parent knowledge of appropriate health and safety measures. 4. Increased knowledge of social supports. b. Behavior Change 1. Demonstration of positive parenting practices as defined by Incredible Years at Enrichment Events by parents enrolled in FF and those who are not enrolled in FF. Data Collection Plan:* Briefly describe the program data collection plan in relation to the performance measures (quantity measures, quality measures and participant outcomes) included in the NOFA, and your application. (400 word limit) tb If pre, mid, and/or post -testing is required to measure participant progress and program results, explain the steps you will take to ensure every participant will receive outcome testing as required, and your internal controls to ensure test results are accurately scored and reported in accordance to the outcome schedule. Describe your ability to capture and report data electronically. • Describe the general reliability and validity of proposed data sources/measurement tools. Include whether'the measures are self -report, observational or other types, and your experience with the usefulness of each tool. Remember to include sample tools and/or documentation of this, as applicable, in the Attachments of your application. 2. Testing Plan for Data Capture: The beginning of each contract year will include staff training on evaluation to ensure quality data collection. Families First (FF) staff and partners will administer intake, assessments and pre-tests prior to the start of the IY instructional component. Program Director will review all client files to ensure that pre -testing and assesments are completed. No parent will.be allowed to attend FF or, related programming if their file is not complete for pre -testing. b. Data Reporting: FF's Administrative Assistant is skilled at organizing and tracking the proper administration of the tools and their results. Using both Data Tracker and an. Excel databases, all participants test results will be gathered, scored, and inputted for analysis and reporting. The Education Initiatives Coordinator, Program Diretor and Program Manager will review all data collected. c. Data Validity FF utilizes evidence -based models' testing tools to ensure that the highest quality.information is being provided. The tools used are listed below (see attachments). Outcome Data Source / Measurement Tool Type of Tool Pre Mid Post Once a cycle Weekly Attached 1. Number of parents/caregivers attending classes ttendance Sheets Self -report x x 2. Number classes offered FF Cycle Schedule Self -report xx 3. Number of parent Self -report x x and children attending supplemental activities (77 or 80% of 96 parents will attend supplemental activities with their children) Attendance Sheets t o t o„fair-1 )OSS� )r .d/1 /7(11 1 WebGrants - Childrens Trust .1 0. c 1 J vl .. J 4. Participant Retention Attendance Sheets Self -report x x 5. Parents Meeting/Exceeding Minimum Attendance Attendance sheets and database/DataTracker analysis Self -report x x FF Satisfaction Survey Written survey x x 6. Participant Satisfaction 7. Sessions Observed for Fidelity and Structure Supervision Incredible Years Fidelity Checklist Observational; survey x x x 8. Documentation of Structured supervison not required by model n/a Incredible Years Group Leader 1 raining Incredible Years Certification - n/a completed in year one 9. # of staff w/training/certification (100% trained in program with 2 certified grow leaders) 10..Outcomes: Increasin ParentingIncredible g Skills Years Parent Assessment Incredible Years Pre/Post x x x x FF Participant File/Database Referral services offered weekly ix x tracked in Individual -Ile and 11. Participant Outcomes: Increase parent social supports Incredible Years Parent Assessment. . Pre/Post questionnaires x Ix x 12. Increased knowledge of age- appropriate child development and expectations 13. Increased parent knowledge of appropriate health and safety measures as well as age appropriate measures for children. IPre/Post Tests Pre/Post questionnaires x ix x x Safety: Fire Prevention/ Street and Home Safety Health: Diabetes and Obesity Risk Assessment Program Staff Members Position Title t FT/PT Staff Status Education Initiatives Coordinator Position Type Qualifications 1 Full -Time Employee . Bachelors Degree in education or public administration. Al least two years experience in program/grant management. Duties Will work closely with the Program Director, Project Manager and community partners assuring the program's alignment with City and TCT goals and requirements. Manage administrative andl fiscal responsibilities of the grant. Will serve as Community Liaison, participate and assist with Bilingual all classes and events, translate when needed, assist with High-school diploma in English and Creole. Good registration, collOCt sigrriirshe-etsand-submit-to-Program— interpersonalEnglihn skits.CreDirector, assist with pre & post tests and surveys and work with sites and marketing team in recruitment efforts. 100% of time is devoted to this program. Administrative Assistant 1 Full -Time Employee ,,at.,,,.ri;,,, +h��h;lrlr�„�r, Ott„(..t/uetAnnlicatioiiPrintPreview.do?documentPlc=12955626... 4/1/2011 WebGrants - Childrens Trust rage 1 n o1 Program Director will attend Incredible Years training, set-up Exceptional Consulting for Educational Leaders (EXCEL) Gymboree Play Music Part -Time/ Independent 2 Seasonal Contractor / Consultant Part -Time/ Independent 3 Seasonal Contractor / Consultant Mc3 Consuting Independent Inc 3 Part -Time/ Contractor / Seasonal Consultant American Diabetes Association Part-Time/Independent 1 Seasonal Contractor / Consultant Bachelors Degree in education, social work, or similar field. Al least two years of experience working within targeted community, community based organizations and families within community. Bachelors Degree in education and/or experience with working with families in a group setting. Bachelors Degree in education, social work, or similar field. Al least two years of experience working within targeted community, community based organizations and families within community. High school diploma. Bilingual in English and Spanish. Good interpersonal skills, ADA Program Certification. program sites; create schedules/calendar; recruit participants; attend Open House; order supplies; meet with collaborators/site management; arrange classroom; prepare registration packets and evaluation tools; sign -in sheets; record/review data; complete required reports; facilitate parent groups, complete final evaluation and interpretation of data. Provide parent activities 10 include music & play activities that support IY program. Will also attend all relevant grant meetings, provide all relevant data, and work closely with all program collaborators. Project Manager will attend curriculum training to get certified, train teachers, launch program, have weekly program implementation, and evaluation, recruit teacher, setting up operational sites, evaluation design and tool development, implement Incredible Years curricula with fidelity, data collection relevant to program, and retraining for teachers based on lessons learned. 15 "Train Up A Child" Sessions. Parents, grandparents, relatives, and caregivers will be provided with important lessons on how to raise a healthy child and raise awareness on diabetes increase amongst African American and Hispanic youth. Program Staffing Descriptions Staffing Plan:* Briefly summarize the staffing plan related to the points below. Remember to include a current organizational chart for the agency, including the proposed program, in the Attachments section of your application. (500 word limit, or approximately 1 page) e Provide the rationale for the .staffing pattern to ensure proposed activities are accomplished. Specify whether you would have to recruit and hire staff for this program, or whether qualified personnel for this program are currently available within your agency. •6 Describe the cultural and linguistic competency of the program staff and volunteers and their ability to serve the target population. •. Consistency is important to the success of services. Explain what efforts you will make to maintain staff and reduce turnover of Trained, experienced staff within the program. Include historical turnover information for your organization and current staff recruitment and retention efforts. .o How will the program be managed and coordinated? Describe the supervision protocol, including the content of a typical supervision or management meeting. •• Describe the staff training requirements and costs associated with the program. How will program staff be trained and prepared to support a diverse population with multiple competing needs to include, but not limited to community service, family emergencies and academic deficiencies. Staffing Rationale: The Families First program is under the City of Miami, Mayor's Education Initiative program, managed in the Office of Grants Administration. This program is comprised of highly qualified staff and subcontractors to deliver the program . components wherein their expertise lies. This results in a small management staff, with more emphasis on funding for direct -services than administration, Education initiative Coordinator: Provides fiscal and programmatic administration. Supervises subcontracting agencies and monitor sites. Expertise: Bachelors in Early Childhood/Elementary Education and Exceptional Education Certification. Administrative Assistant: Acts as iiasion between parents and FF, Assists with recruitment and enrollment. Coordinates parent trainings and supplemental activities. Collects sign -in sheets. Assists teachers with program delivery and translation when needed. Assists with identifying family needs to provide social supports. Cultural Competency: City of Miami staff have undergone cultural sensitivity training with particular expertise in Hispanic, Haitian, and African -American populations. Staff Retention: In order to ensure consistency, our program strives on maintaining a strong relationship with staff and sub- contractors. By maintaining consistent partners and staff, we provide parents With a comfortable, safe and nurturing learning Pnvironmenl_Slaff is consistently_praised for good work and encouraged to provide input as members of the FF team. Salaries and benefits are competitive. Staff training: Staff will be trained in the Incredible Years curriculum to ensure program is implemented with fidelity and groups sessions are facilitated in an effective manner. Staff will also utilize Incredible Years on-line training, DVDs and program printed material as training tools. Program administration and subcontractor staff are bi-lingual in English and Spanish and/or Creole. I ir---_ j:._ ct_ ;7 7.. a,.,, + . o+/ o+A, l; o+;n„D,-;,,iP,•w;P,a; rin`Jrinr-rrni Plr=1')C) (i7t; ail /7n1 1 Weberants - Childress Trust Page 1 1 of 21 Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. Notre Dame Child 130 NE Development 62nd Miami 33138 Yes No Licensed Supplemental 15 0 15 0 Center Street Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. Centro Iviater Child 418 SW 4th Miami 33130 Yes No Licensed Supplemental Care Center Avenue Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. Lemon_CiyiJ2y 271Jc Subcontracting Rationale:' If you ,are subcontracting for direct services, explain why. How will participants be better off because you are subcontracting direct services? How will your agency supervise and manage subcontractors to ensure they are performing well? Please note that subcontractors are limited to agencies or persons directly related to the program services. If you are not subcontracting for direct services, enter "Not Applicable" in this text field prior to saving the document. (200 word limit) As a direct result of the current economic climate and staffing changes for the City of Miami, FF seeks to subcontract for quality professional services and expertise when appropriate to ensure that parents receive the. best services in the most cost effective manner. This results in benefits for the parents: More funding for direct services. Greater impact and attention to implementation from the subcontracting agency due to the fact the service component is the entire focus of their organization. FF recognizes that it is ultimately responsible for the management, quality, and performance of its subcontractors therefore payment is withheld if benchmarks are not.met. Exceptional Consulting for Educational Leaders (ExCel), Inc (Program Directors).: Manage day to day program operations at childcare sites. Responsible for coordinating with sites; recruiting parents; maintaining program schedules; coordinating supplemental sessions and incentives; completing parent and program surveys; compliance with program goals, objectives and outcomes. Expertise: EdD Mc3 Consulting Inc., (Program Manager): Implements the Incredible Years model with fidelity. Facililitates BASIC parenting sessions; communicates and conducts follow-up with parents; direct peer groups; review program evaluations for quality assurance; and measure program outcomes. Expertise:PhD Gymboree Play and Music: Provide music & play activities that support IY program. Site Information Form Site Name Street City Zip Current Public DCF Operation Schedule Fees #Children #CWD Parents #0ther Address Code School License Status Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. N/A N/A N/A 15 15 0 Care 58th Street Ivtiarm-331137 Yes No Lieensed--Supplemental 1.5 0 15 0 Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. Incredible Years: One rrL-_- -3:__ _ ,.i_.. ,.i_:r a,.,..., {...,,,,+ „.+ir.o+A,,,,1;-.r,+i'r,,, P,-i „+P,•p.,ietx, rin 7r1nr.nmenl.Pk=1 7.c)55626 . 4/1 /201 1 W'ebGrants - Childrens Trust rage- 1 01 :1 day per week for 12 weeks; 12 sessions; 2 hours per session. Our Little Ones Learning Center N/A 8037 NE Supplemental 15 0 15 0 2nd Miami 3133E Yes No Licensed Sessions: Once every 3 Avenue weeks; 4 sessions; 2 hours per session. Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. N/A Centro Hispano 125 NVV 15 0 15 0 Catolico Child Care 25th Miami 33127 Yes No Licensed Supplemental Center Street Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. N/A St. Alban's Child 3465 15 0 15 0 Enrichment Center Brooker Miami 33133 Yes No Licensed Supplemental Street Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. N/A United Way Center 3250 SW for Excellence in 3rd Miami 33129 No No Licensed Supplemental 15 0 15 0 Early Childhood Avenue Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. Incredible Years: One day per week for 12 weeks; 12 sessions; 2 hours per session. Culmer Child Care 1600 NW3rd Miami 33136 No No Licensed Supplemental 15 0 15 0 Center Avenue Sessions: Once every 3 weeks; 4 sessions; 2 hours per session. N/A 120 0 120 0 Program Budget Summary Download the Excel budget forms from the Funding Opportunity Details page and upload the completed document in the Attachments form. Refer to the Budget Instructions and Guidelines for details regarding the required elements for completing these Excel forms Total Requested Funding from The Children's Trust: Total Match Funding for the Program: Budget Summary:" Provide a general summary of the overall budget needed to implement the program as proposed. If the program has matching funds, describe the funding source and general plan for use of these funds. Remember to include documentation of cash or in -kind matching funds for the proposed program in the Attachments of your application. (250 word limit, or approximately 1/2 page) $262,828.29 $22,030.50 Summary/Categories: ,...._ ,1;., +1,0.1,41rlra„c1'nct nai/nr>tArn,1;r•.nt;rr,PrintPreview.do?documentPk=12955626... 4/1/2011 VvebGrants - Childrens Trust Personnel 6% Meals 6% 1 Ct1V 1.1 Transportation 3% Direct Program Services Professional Services 62% 2% Program Supplies Indirect Cost 3% 8% Other 2% In -Kind 8% Line Item Cash Inkind Description Personnel $14,300.00 2,500.00 Total salaries for FF Personnel to operate Fringe Benefits $1,890.46 $330.50 Travel $807,84 Mileage for community liaison to sites $.51 x 132 milesxl2 months Transportation (participants) 1 $9, 840.00 Bus passes for parents to and from parenting classes $7680 Buses for Citywide events. 1st event $540x3 buses, 2nd event $810 x 3 buses , 3rd event $810 = $2160 Meals (participants) $ 17,122.20 Cos`ITC T approved rate and EBP model Sessions dinner $4.93 for 120 participants x 16 sessions = $9,465 Citywide, 6 hour family event,$1.76 (breakfast)x120 participants x $2.89 (lunch)x120 participants = $558 Monthly parent meetings, $4.93 (dinner) 12 meetings x 120 participants= $7,099.20 Space $19,200.00 Inkind: Child Care Centers Supplies - office $1,800.00 Supplies: pens, papers, Tiles, computer ink, mailing Supplies -program $8,543.60 Per EBP mode' $19.95 per parent x 128 PARENTS $2,553.60 + activities materials ($100 per month = $1,200) + Parenting program DVD series (BASIC $1895 x 2) + $1,000 writing materials/notebooks E XCEL $72,028.OD 0 Program director services (1400? hours, $45.00/hour) 5 Mc3 Consulting, Inc. $69,704.00 7hours@$65/hour Project Manager services (520 .i + $42,584) G Music and fitness activities for parent/child interactive sessions. Gymboree $22,903.71 American Diabetes Assoc. $11,185.00 15 Train Up a Child sessions. Provides parents with information on raising healthy children. Per EBP model. Engage children En complementing activities while parents are attending parenting session. $22.50 x 2 hours x 16 sessions x 8 centers Teacher assistant $ 5,760.00 thrrhilrlrrnctrn.sf net/aetAnnlicationPrintPreview.do?documentPlc=12955626... 4/1/2011 WebGrants - Childrens Trust Milestone Rewards $3,000.00 Provided at completion of the course: family activities, puzzles, books, educational family games. $25.00/participant x 120 participants. Mini Conference $50.00 TCT Day Mini -Conference for program directors. Administrative/Indirect $23,893.48 Attachments - (0021.00) Attachment Description REQUIRED ATTACHMENTS Tentative activity schedule(s) Families First Parenting Proposed.Scheduled of Activities (REQUIRED) Data source/measurement tool Data Measurement Tools- Incredible Years, Fire Prevention, (s) (REQUIRED) Attendance Tools Program budget worksheet Families First Budget Worksheet (REQUIRED) Staff resumes (REQUIRED) Staff and Subcontractor resumes. Organizational chart(s) (REQUIRED) Form W-9 (REQUIRED) Most recent financial audit (REQUIRED) department budget. OTHER ATTACHMENTS (if applicable) Quality assurance and program Families First Logic Model, Questionaires, Checklists and Surveys fidelity (IF APPLICABLE) Evidence of past outcomes and/or successes (IF APPLICABLE) Letters of Agreement or Memoranda of Understanding (LOAs/MOUs) (IF APPLICABLE) Cash or in -kind matching funds (IF APPLICABLE) Sliding fee schedule (IF APPLICABLE) Investigations, litigation and/or regulatory action (IF APPLICABLE) Other (specify in description) City of Miami, Families First Program Organizational Chart City of Miami W-9 City of Miami Single Audit and link 10 CAFR for complete department Monitorings,'Parent Support Letters, Flyer File Name Type Families First Proposed Activity Schedule 2011-2012.pdf FFDataMeasurementTools.pdf City of Miami Familes First Budget 2011-2012.xls FF Resurnes.pdf Organizational Chart Families First Parenting.pdf Families First Parenting W9.pdf pdf pdf pdf xis pdf pdf by COM Audit.pdf pdf Conee Inc D.b.a. Gymboree, ExCEL,Mc3 Consulting Inc. American Diabetes Association, Notre Dame Child Development Center, Centro Mater Child Care Center, Lemon City Day Care, Our Little Ones Learning Center, Centro Hispano Catolico Child Development Center, United VVay Center for Excellence in Early Education, St. Alban's Enrichment Center In -Kind Letter Families First Parenting - Investigation, Litigation and/or Regulatory Action Letter Conflict of Interest Letter, Incredible Years Article, Families First Pictures, Families First Flyers FFqualityassurancesurveys.pdf pdf Evidence of Past Success.pdf pdf FF MOU-LOA.pdf pdf FF Cash-InKind Letter.pdf pdf Families First Parenting Investigation, Litigation Letter.pdf Pdf FF Other.pdi pdf Final Application Certification Ensure the authorized official for the applicant agency is registered in WebGrants and selected as the authorized official for the application. Enter thisperson's first and last name and title in this section. This will indicate the applicant's agreement to the Certification Statement and Acknowledgement of Required Documents for Contracting that are acknowledged by checking below. Authorized Official's Name and Title:` Lillian Biondet Director First Name Last Name Title Certification Statement: I do hereby certify to the following statements and that all facts, figures, and representations made in this application and supporting documents are true and correct. • All applicable statutes, regulations and procedures for program compliance and fiscal control, including but not limited to those contained in the application and contract, will be implemented to ensure proper accountability of funds. I certify that the funds requested in this application will not duplicate or replace funds that'would otherwise be used for the purposes set forth in this proposal, and that the funds requested are a true estimate of the amount needed to operate the proposed program. • I have been duly authonzed to act as the represerrtative-of-the Agency in -connection -with -filing this-application—F-urther-1 understand that it is the responsibility of the agency head to obtain from ils governing body the authorization for the submission of this application. • This bid process is subject to the cone of silence and Florida's conflict of interest laws (§112.311, el. seg). I further state That to the hest of my knowledge, submission of this proposal is in compliance with the stale and county conflict of interest laws. • . All work contained within this proposal is the unique and original product of the agency I represent, and has nol been plagiarized or duplicated in any way from another's work. l,ifns J/fnndin e.thechildrenstrust.net/getApplicationPrintPrevie-w. do?documentPk=12955626... 4/1 /201 1. Web Cirants - (Jail circus 1 rust Check box to acknowledge certification statements: Yes Acknowledgement of Required Documents for Contracting: I certify that if this application is recommended for funding each of fhe requirements listed below will be provided as noted, as a condition of receiving funding: e Staff background checks: All staff and volunteers with direct contact with children must satisfactorily pass a Level II background screening that is on file prior to employment. • Insurance: Documentation of General Liability Insurance (min. $500,000), Workers' Compensation (min. $500,000), Automobile Insurance (min. $1,000,000 if transporting children, .£300,000 if not) must be submitted within 30 days of contract execution. In addition, Professional Liability Insurance•(min. $250,000-with amount tote determined by The Trust) and Proof of Property Coverage (for capital equipment owned by The Children's Trust) should be included, if applicable. Financial audits: In addition to the financial audit or statements submitted with this application, all funded providers are required to submit annually a financial audit within 130 days of the end of their fiscal year, performed by an independent certified audit firm licensed to do business in Florida. This audit shall be conducted in accordance with generally accepted accounting principles. In addition, any provider who receives a combined total amount of $300,000 or more from The Children's Trust, must submit a program specific audit showing the expenditures for each contract funded by The Children's Trust during the audit period. The program specific audit will include a report stating whether or not the schedule of expenditures were fairly stated. Check box to acknowledge agreement with listed requirements: Yes httns://fanding.thechildrenstrust.net/getApplicationPrintPrevi. do ?do cumentPk=1295 5 626... 4/1 /2011 Agency Budget Organization Name: Agency Fiscal Year: Program Title: City of Miami Areas in Blue to be completed by the Agency August 1 - July 31 Cty of Miami Families First Program (for example: July 1 to June 30) Acency Source of FLndino Name of Source of :latching Funds for the Program Budget Program Revenues Agency Revenues of Agency Seventies [rustAmouni requested Trust Other Funding ccu,-Cos o:`?everi t•r: Diher than rQS, anc.�n-Xind Miami -Dade County Grents(Loca0 Federal Grants. State Grant Foundations/Charitable Funds Cash/Fees/Other Revenue • Cash Program Fees CDS.Subsidiesfor.School-Aged . children' - Other sn-'Cind ^ontributions (list below) Child Care Centers City of Miami, Su otal SCurCae Of _3e,enue Other i 7E,-, Inc sruS`' T O:e'e. ues $153,5.62.CC 1,077,C`3.7B D, CC r c"03050 .14,400.60 7,833.84 87.5% C.C% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% D.0% 0.0% 0.0% 0.a0% 2.87,051.84 $ 1,2.30,175.7B-_CC.c% Attachment B, Contract #_, Resolution #_ Page 1 of 1 Rev 4/ 10 Program Budget 1,419.08 1,884.49 1,033.24 0.00 0.00 1,372.10 0.00 0.001 t.ontract Period: Organization Name: [City -of Miamir 8/111131/12 12 TROGRAM.BUDGET SALARIES:`' List Full -Time Employees Position 'Education Initiatives. Coordinator Annual STIa y L2 mthsJ 50,000:00 months InsertProgram Period Requested Funding -. Amount 0.00 Insert 'Program -Period .:-. Matching Funds. 3% Amount 7,883.84 Areas in Blue to be completed by the Agency 'Justification The City:s Education Initiatives Coordinator assures contract compliance, fiscal responsibility and coordinates:the Implementation of the program between all parties Involved. Full -Time Total List Part -Time/Seasonal Employees Community. Liaison` Administrative:Assis -Part-Time Total 0.00 14,300:00 '21,000.00 0.0 100% - 0:00 14,300.00 4,250.00 0.00 0.00 0.00 0.00 0.03 7,883.84 0.00 16,750.00 0.00 0.00 0.00 Community'liaison:and:teacherassistant ($11.00. x. 25`hours per week x'52 weeks $14;300 00) Position works 35,hours 'per week for the agency'at $11:54/hour. Posltioniwill devote 20%q'of time to tfie'.program,for.52 weeks;= Total $ 4250.00 - 1,20,: ,18;550.00 16;750.00 TOTAL FTEs/SALARIES 1.20 $18,550.00 .03 $24,633.84 FRINGE BENEFITS Fica/Mira Rate: 7.65% Vd-Comp's Rate: r5.57% Unemploy Rate: I. Retirement Rate: I` Other Specify & provide calculations Health Ins. Cost per Staff Life Ins. Rate: Rate: TOTAL FRINGE. BENEFITS PROGRAM OPERATING- EXPENSES: Travel (other than participants) 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 ) Non -Capital Equipment (less than $1,000) (List each) Capital Equipment (greater than $ 1,000f (List each Subcontractors (List each $2,452.32 13;598.64 960:00 1'16,005;77 13,256.59 `0.00 Mileage For community liaison travelling tosites (51.x'.132 miles x 12 months= $807:84', 0.00 Bus pass tt1os6 .a=sne:d3ssf0iro7onmsp(3ro2gbraums paosr sppaererFaamiloi6e'isapttaFlerstd Cp9itayre nn eg speasrtsiiconpsa.n2x$2 per MtamiDde Tr` sd) $6,144+Buses forfamilies to attend Events, $45 per bus/per hour x 6 hours x 2.buses (Sst event)„' $540 x 2 buses (2nd event) $540 I'2II buses' (3rd event) 540';=.; $2160.00 - 0 00 Per ESP Incredible Yearsj.Curnculum_ Cost averaged The Chlldren's Trust approved rate. Daily dinner atthe sessions per curriculum,:.$4.93 for. 96 particpant_s:x 16 sessions $7; 572:48 + City wider 6 h13598.64our family event participants receive "" lunch, 12.89 (lunch) x 120participants $346_80 + hionthiy.peer, meetings curricuiurn),.04.93 (dinner) 12 meetings-x 96 particpants= $5679.36 i _ 14,400.00 8 centers, operational for one cycle, at $12 per square,ft, and approximately 200.sq. feet. ...:' 0.00 Office Supplies will Include pens, papers, files;; computer Ink, computer disks, envelopes, etc. _ $80 per month;x 12 months 0.00 Parent books $19.95 per. parent :x 95 PARENTS $1915.20 + Materials for sesslon activities ($100 per month = $1,200) + Parenting program DVD series (2 BASIC $1895) + $1,000 writing materials/notebooks perparticpant, per session . .. 0.00 TUT Totai Line Line Item item 0% 5% 12%o 20% 12% 5% 2% 3% 0% 0% 5"/0 4% 9°/0 8% 0% 8% % 0°/0 1% 1% 4% 0% 0% 0% 0% 0% % 0% 0% 0% 0% 0°fo 0°/ 0% 0% 0% 0% 0°/ 76% 66% Attachment B, Contract 8 , Resolution It Page 1 of 2 Rev 4/10 Program Budget Professional Services Ce tif*070acFier s`. tNi '* - '4;32o bo Professional Services - Additional (List each) 0 00 Other Advertising; 4;-_;;-= Background_scFeening Ad mission;tdfieldttiPs Other - Additional (List each) Ottidr.(fesciib rype_of: perise:,lii: justification TOTAL'OPERATINGtEXPENSEsi••'-". -�- 80000 $141;85B.B8 Administrative/Indirect Costs (Can not exceed 10%) _y,�y`.,"z`-'�''�,= TAL;BUDGET' r._ 8;303a3 .$153462.00 10%u t4iis'ic and fiitr es'activities`for:,parent and child interact(ons Parent 0,1 classes;Thismdu_sive=cost:refigctsi;suPplementaj curriculum materials birhn9uat handouts teaching materials for. parep ts.toiuse at:,home° to;supp,rt_goals learned at eachsession and;the;cost'assoclated with:theinstructor' ndudmgipreparat on and.lannIn for==the' different sessions`- P Per;EBP Increiiible Yea�s,Cu_rriculum;Tea`che�€ children"(n compleinenl:ing activities;wi OAO Re)iiards;wilLbe provided to;;fa r flies at;.t a completion use. Inc-entives will have=a_maximum val a ofi$25 00 >wIII:Iniil'ude farriily,.activltles;,puzzles books;; cd's; .baby ictsiand_educational famil ='games;.! Approximately`_, pzrticipant'x.96 partapants _ Project'' Manager and Program Directorw ill: atfend=_ChlidrensTrust 'AII4Day°Mini?Conference=_ °, $22;03050 wz, 22;030.50 47% 41% 17% 15% 3% 2% 0% 0% 0°/ 0°/ 0% 0% 0% 0% 0% 0% 0% 0% 1 % 0°/o 0% 0% 0% 0% 0% 0% 1% 0% 1% 0% 0% 0% 0% 0% 0% 0% 90% 90% 10% 10% 100% 100% Attachment B. Contract #, Resolution Jr_ Page 2 of 2 Rev 4/10 February 25, 20] ] f fLanT.L CASH/IN-KIND COMMITMENT . The City of Miami is committed to leveraging in -kind contribution (Child Care Centers and City of Miami funds) to the Families First Pro ram in the amount of S22,031. OFFICE OF GRANTS ADMINISTRATION 444 S.W. 2nd Avenue, 5th Floor, Miami, Florida 33130 (305)416-1532 Fax: (305)416-2151 Mailing Addi-ess: P.O. • Box 330708-0708 Miami, FL 33233-0708 Hain • C....nU'Pft LJs n:R 3.e rlf iCe5 $*ar;E-imf-'.E5 iFionaT5. ;14-1-7:1p, ;:. r•it*taE.E.011.t.4': • Detail by Entity Name Florida Profit Corporation CONEE, Filing Information )1441,nleT,,t narnter FltER.4141417roleir 7.5,V; fltFod. Stzte- FL latetitSACT IV AgEg.17.-5E•EE. ',CEC‘EliEE, 1155E1 Sri ISSTHE EST. FILa2:17i5 US cb3.a2/04/.2.00.4. PA:ailing Address 1 1:5.51 .$:!*$.T:-..,7ii.:ST MIAMI FL R:citereti. Agent NaMe. Sk Are toc-paicamiTz,!HERMAN aa50 HEOLLYWOOD BLVD #-704 1-1EOLLYVVOCCE FL a-3221 Neme!Chanp.ed: 0220)2011 .E.Addra:*E, EU0:5140 Offic eriPireotor -Petal" goimp- Addpe.,5..5 .E-,:nliry 1.4 ,ertl,E-: GOLI D I E, CONS TAN: E 1155.1 SW ,ESTH MAMI FL23175 Hume .G,Qai,ta tt is E FIi.n� Services [iEntr Name Florida Profit orp ratorb EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC. Filing Inform.a ion IDactrrnent Number PO&0 01002;05 FE&'.EEf Number 2E011320 Date Filed 07/31Q005 Stale FL Status A'C l-vITE Ef ect ve Date 0; IS1 2:006 Prinuctp.ai Ad d ros . 7g0`1 SW 57 TERRACE VIAMt FL 3 143 Mailing Address 7891 57 RR.ACE 4112011 FL 33143 Registered Agent P me address. CARR.ERAS, M RI , C 7391 SW 57 TERRACE FL 33143 Df er! arector Detail. "lame & Address rtle P 3ARRERA.S, MARIA C. 7831 SW 57 TERRACE °S1IAN11 FL 33143 f rtle VP DOL ument Searches Forms Help 11:lN AOIRRI; YOLANDA G 7891 SW 57 TERRACE ti'l ttt EL 33+143