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Exhibit 1
"Form to be updated by City and Trust for FY 2011-201.2 for new grant term beginning August 1, 2011 through July 31, 2012" FY_2010-2011 CONTRACT NO. ###-### 'BETWEEN THE-CHILDREN'S TRUST 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 for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust_and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively by Provider for services in and for the benefit of Miami -Dade County residents. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $ . 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 to The Children's Trust before submission of the final invoice. In the event •that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within five (5) business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust of the capital equipment. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract, within thirty (30) days of its execution. All sub -contractors of Provider must agree to be monitored by Provider and/or on behalf of The Children's Trust in the same manner as Provider under the terms of this Contract. Provider acknowledges and agrees that The Children's Trust 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 limitations and sovereign immunity provisions of Florida Statutes 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,. or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. F. INDEMNIFICATION BY PROVIDER Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in 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, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. • Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any 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 I. Breach A material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; c. • Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance or self insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract within a specified reasonable time; g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports within a specified reasonable time; h. Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services in this Contract; • i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data within a specified reasonable time; j. Fails to comply with child abuse and incident reporting requirements; k Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies within a specified reasonable time; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract within a specified reasonable time; Waiver of breach of any provisions of.this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. Any such waiver by The Children's Trust shall be provided in writing to Provider. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. (Attachment F, if applicable). Any such remedial plan shall be an addition to this Contract and shall not affect or render City of Miami Page 4 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" void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five (5) business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Contract, but Provider.shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by Provider as condition(s) precedent to resumption of any payments and shall specify a reasonable date for Provider's compliance. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were .performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for reasonable direct and indirect costs of The Children's Trust associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5)business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which much be at least five (5) business days before the effective date of termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the. effective date of such termination. Provider shall be responsible for reasonable direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract against Provider including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for reasonable direct and indirect costs associated with such enforcement against Provider, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including reasonable direct and indirect • costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. 3. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of . intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Provider shall have Provider's insurance agent(s) provide to The Children's Trust within 30 days of contract execution, Certificates of Insurance or, if applicable, a letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as 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 ibe '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 and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded program must list The Children's Trust as a certificate holder and as an additional insured. 4. If applicable for Services under this Contract, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for commercial general liability and The Children's Trust and City of Miami must be designated and shown•as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days•of the event and must provide coverage the day prior and the day following the event. 5. If applicable for Services under this Contract, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the policy aggregate. Defense costs may be inside the limits of liability and the ,policy can be written on claims made form. The Children's Trust and the City of Miami should be listed as certificate holder, but are not required to be named as an Additional Insured. Professional Liability insurance is generally required when the scope of services uses professional services that require certification or • license(s) to provide direct services to program participants. 7.. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust, or the City of Miami, and said capital equipment is under the care custody and control of Provider. The Children's Trust and City of Miami must be shown on the evidence of property coverage as a Loss Payee, as applicable. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder City of Miami Page 6 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" Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Honda, 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 (6) months after Provider's fiscal year end or other appropriate filing period permitted by law; • If required by applicable law to be filed by Provider, IRS 941 quarterly federal tax return reports within thirty-five (35) calendar days after the quarter ends and if applicable, state and federal unemployment tax filings and if the 941 and unemployment tax filings reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its President/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 report(s) on other matters related to internal control, for each year during which this Contract remains in force and until all funds expended from this Contract have been audited. If no management letter or report or other matters related to Provider's internal control is prepared by the independent audit firm, Provider must confirm in writing to The Children's Trust that no such report was submitted to Provider. This audit shall be conducted in accordance with auditing standards generally accepted in the United • States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of States, Local Government and Non -Profit. Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan. In the event that the independent auditor does not disclose audit findings, Provider shall submit written notification to The Children's Trust that an _audit of Provider was conducted in accordance with- applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this•Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. Within 180 days of the close of its fiscal year, a Provider who is contracted for a combined total of $300,000 or more from The Children's Trust from this or any other The Children's Trust contract(s), related to the fiscal year under audit, Provider agrees to have a program -specific audit relating to The Children's Trust contract(s), in addition to the annual financial audit. This program -specific audit is to encompass an audit of The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements. A provider that does not meet the program -specific audit threshold requirement will be exempt from the program -specific audit requirement in the fiscal year that the audit threshold is not met. Audit extensions may be granted in writing by The Children's Trust after proper approval has been obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by Provider. A copy of the engagement letter, along with the audit completion date and any concerns from the auditing firm in relation to the audit, must accompany the request. Approved extension requests allow for the continuation of payment until such time that the extension expires. The financial audit and other financial information will be used in the evaluation of Provider's performance and Provider's overall fiscal health. 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) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision .as described in Attachment A and as required by this Contract; all upon request by The Children's Trust. Provider shall retain all records for not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. 7. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes City of Miami Page 9 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" 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 applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, or subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and/or sub -contractors files. 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 prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of.this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, www.miamidade.ciov/ethics/library/Ethics-Brochure-2005.pdf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. .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- 800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify The Children's Trust's contract manager of any incident as defined within three (3) business days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any .Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days business of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such alleged incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such an alleged incident. 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its and their respective policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. City of Miami Page 12 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" Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered: Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this Contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2- 1-1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment. C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to include in all of its subcontracts provisions similar to the following provisions of this Section X for compliance by subcontractors. Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed by Provider in connection with implementation bf-'programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's.Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials of Provider featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public_ English: City of Miami and P,rogram;Name is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami and Program Name esta financiado_por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, estabiecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami -Dade. Kreyol: City of Miami and Program :Name finanse=pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. 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 and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Miami Page 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: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Scope of Services Other Fiscal Requirements, Budget, and Method of Payment Programmatic Data and Reporting Requirements Program Specific Audit Requirements Affidavit for Level 2 Background Screenings, if applicable 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 O. Bru, City Attorney County Attorney Date: Date: Approved as to Insurance Requirements: By: Gary Reshefsky, Interim Acting Director of Risk Management Date: This contract is not valid until signed by both parties City of Miami Page 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 Miami 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.): articipan anumber of undu licated participants expected to recve ei Intensive Typerl services Total number of participants expected totreceive Tv e 2 r•services (.less ,.than,3.:intended:contact).,,. kw,,.(3+ intended coritaets,) M ;,v,. Children/Youth Parents/Primary Caregivers Other populations (e.g., staff professionals, general public) Description of participants to be served: 3. Service Locations: � e Name #�' � � � .�"� � SiteAddress� � .Site Phone Number 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?" TYPE 1 ACTIVITIES (3 or more contacts with participants) Activities/Service Marne & Description nclude frequency,length &duration of ses as well ass the numberrof cycles expected t° ffered.and,tentative schedule) TYPE 2 ACTIVITIES (less than 3 contacts with participants) Activities/Semce Name &Description fr nclude frequency„length& duration of sessions, and tentative schedule) ti..,........parents-.orothers,),.,,.,. Total # participants to be served (specify iftchildren/youth, seson to be si offered bye pro ear across cyclies,andstes tgIt TYPE 3 ACTIVITIES (Other deliverables that are not direct services) ivirties Name; -&.,Description- 8 `. ount%./rNumbe.,�_�� 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?" u utcome an to et oho, mks ( w g t Data uj Source - mew Measurement Too' Tool(sj J in (whe ill tools be v , ollllectecfr Assacrated ' Actw� . *Please list the activity directly associated with the stated outcome (e g. activity in 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 connections. Please list the evidence -based programs (if any) that are currently used during activities/service delivery (if none are being used, please mark n/a in the table below). For. information on what is an evidence -based program, or to ensure that the model to be used is an EBP, visit The Children's Trust website. Activity/Service Names (from section 44aboue s Evidence based program . _ .- _ z. �n, ,..._. _�� , ...vinere D signating Agency*` *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 Provider In order for an extension request to be considered by The Children's Trust. Budget revisions Budget revision(s) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form, as determined by The Children's Trust. Provider must request a budget revision to add, delete, and/or modify any line item(s). Budget revisions cannot be used to modify the total contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget revisions may be approved during the contract term. Budget revision requests must be submitted sixty (60) days prior to the expiration of Contract. Budget revisions will be incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10°I°) percent of the total contract amount. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision(s). The request for payment is due on or before the fifteenth (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 this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, 'Subcontractor Verification of Payment' from subcontractors of Provider must be included if the 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 Contract, and shall make all such' records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. City of Miami Page 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" ATTACHMENT C: Programmatic Data and Reporting Requirements City of Miami 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: demographics of individual participants within seven (7) days of program enrollment. Demographics shall be updated regularly when new information is collected (e.g., new address, grade level) • Activities with 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 location(s) of event/activity (with address and zip code). PARTICIPANTS Participants' demographics (including all the items noted below), shall be entered into The Trust's electronic web -based reporting system (Data Tracker) within seven (7) calendar days of each participant's first day of attendance. All demographic information shall be updated on an ongoing basis if and when new information is collected (i.e., new address, grade level, school). Demographic information required for CHILD/YOUTH participants with 3 or more contacts (Type 1 activities): • Participant's Name (last, first, middle initial) • Parent's Name (last, first, middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) • • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Child's Social Security # • Child's Miami -Dade County Public Schools ID Number • Current Grade Level • Current School Name • Does child have a Health Insurance? (yes/no) • Does. child have a Disability? (yes/no) • If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment (or blind), Other] 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 (i.e., 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 vou doing? Attendance refers to the actual number of participants (with at least one day of attendance) in a program. Attendance cannot be entered for a given participant until their demographic information has been entered in Data Tracker. Contracted number of participants are expected to attend the minimum number of sessions established in Attachment A (Scope of Services). • Mid -Year Review Expectation: For type 1 activities, recruitment must be 100% of contracted participants, as stated in Attachment A, for year-round programs by the time of mid -year review. Programs offering services in cohorts will be evaluated based on the number of cohorts expected to be completed at mid -point. Number of cohorts, including estimated start and end dates of each, must. be listed under the applicable activity in Attachment A. For type 2 activities, recruitment expectations will be based on the number of events to be completed by time of review. End of the Year Review Expectation: For all activities (type 1 and 2), regardless of program schedule (year-round vs. cohorts), 100% of the contracted number of participants to be served must be served by the end of the contract period. Retention / Dosage — How well are vou 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 Miami Page 25 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" • 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 sessions. The expected target is 85% of minimum sessions at mid -year for the target number of participants enrolled in completed cohort(s). • End of the Year Review Expectation: Regardless of program schedule (year-round vs. cohorts), 85% of the contracted number of participants should have completed the minimum number of sessions. Utilization — How much are you doing? • Utilization refers to the number of participant -days. "Actual" utilization calculates the sum of the total number of days attended by all participants (with at least 1 day of attendance). "Proposed" utilization is based on the total number of proposed participants to be served by the total number of proposed sessions. The actual utilization during the selected time frame is then divided by the proposed utilization to calculate the Overall Utilization. • Mid -Year Review Expectations: 50% of the overall utilization across activities is expected. Type 1 activities are also weighted heavier than type 2 activities due to intensity of services (70/30 split). •No points are awarded if the percent achieved is less than 30% of the target. End of the Year Review Expectations: The Children's Trust requires a 100% overall utilization achieved by the end of the contract year to be in compliance. No points are awarded if the percent . achieved is less than 60% of the target. Outcomes — Is anyone better off? Successful performance measures achievement facilitates changes in program practices and participants' benefits. The Children's Trust expects all participants with at least one day of attendance to be pre- tested; those completing the required minimum dosage should also be post -tested. Matched Sets Compliance • Matched sets refer to those participants with at least 2 assessments, it could be a pre and post test, or any assessments administered at 2 separate time periods. • Mid -Year Review Expectations: For year-round programs, the number of participants receiving pre-tests must be equal to or within an acceptable range (target of 85%) of the number of participants enrolled during the review period as per Data Tracker (activities under review will be those associated with specific performance measures as per Attachment A). Programs utilizing cohorts should have match sets (both a pre and a post-test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. • End of the Year Review Expectations: All programs should have match sets (both a pre and a post-test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. Outcomes Achievement • Providers are expected to meet the performance measures as stated in Attachment A (Scope of Services). Data for all participants with match sets will contribute towards performance goals. 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 term 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 (htto://ccdh.org/act/about act/J. The Children's Trust requires that providers offering intensive services to children attend trainings, as offered, to educate them about the inclusion of children with disabilities. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of all participating children. The All Children Together (ACT) Resource Network is a resource available to Provider for technical assistance, mentoring, training and. consultation regarding provision of services to children with disabilities. REPORTING SUBMISSION AND DATA ENTRY Participant attendance for a given month shall be entered into Data Tracker by the fifteenth (15th) of the following month, exclusive of legal holidays or weekends. • All Outcomes Reports shall be submitted ,to The Children's Trust monthly by the 15th of each month for the previous month. • Narrative reports shall be submitted quarterly to The Children's Trust by the 15th of the month following the end of the quarter. Required Report SCHEDULE OF REPORTS DEADLINES Reporting Frequency hl Outcomes Measurement and Results- Mont y (electronic submission in Data Tracker) Demographics, Attendance, and other Monthly quantity data (electronic submission in Data Tracker) Quarterly Program Narrative Report Quarterly (Word) City of Miami Contract #XXX-xxxx, Resolution #2010-xx Due Date By 15th of each month for the previous month By 15th of each month for the previous month For August, September and October - DUE NOVEMBER 15, 2010 For November, December and January - DUE FEBRUARY 15, 2011 For February, March and April - DUE MAY 16 2011* 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 and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information for the duration of this Contract term to facilitate referrals. Evidence that the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. City of Miami Page 28 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 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 SpecificAudit as follows (a sample may be found on The Children's Trust website): • Submission of: (a) schedule of budget to actual total expenditures by budget category, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) if applicable, audit of attendance if payment is based on attendance, or payment as specified in Attachment B; (c) summary of schedule of prior audit findings, (d) disclosure of any significant finding(s), (e) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and (f) a recommendation for a corrective action plan on any finding; • Report whether the schedule of expenditure(s) is fairly stated; • Provide notes to the schedule of total budget to actual expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether Provider has internal controls in place to provide reasonable assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability of financial operations; • The auditor must include in their testing: testing of the budget versus the actual expenditure, double billing i.e. billing under The Children's Trust contract the same expenditure that is billed under another contract and/or revenue source, testing for unallowable expenditures e.g. costs not included in the approved budget or budget revision and unallowable costs identified in the budget guidelines included on The Children's Trust website, testing for questioned costs, testing that the Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the Contract and within the Contract period, testing that monies used for the program were for eligible participants, testing for the supplanting of funds, testing of match requirements, if applicable, testing of attendance or other unit if the method of payment is other than a cost reimbursement payment method, and testing of the cost allocation plan to verify that The Children's Trust is paying only its fair share of costs for services, overhead and staffing. The auditor's report shall state that the audit was conducted in accordance. with the program specific audit requirements listed in The Children's Trust contract and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of Provider is presented fairly in all material respects in conformity with the stated accounting policies; An opinion (or disclaimer of opinion) as to whether the schedule of total budget to actual expenditures by budget category is presented fairly in all material respects in conformity with the stated accounting policies; A report on internal control related to The Children's Trust contract, which shall describe the scope of testing of internal control and the results of the tests; A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's. Trust contract that includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs. City of Miami Page 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 apacity reas�d..��� ' Noted Deficiencies Action Plan r Due Date Programmatic Fiscal /Administrative City of Miami Page 31 of 31 Contract #XXX-xxxx, Resolution #2010-xx 8. Seleccione 4 imagenes contiguas y arrastrelas (DRAG and DROP) a la carpeta Ejercicio (ayuda: use SHIFT para seleccionar) • Naga clic sobre una imagen 3 Shift 3 sin soltar Shift, haga clic sobre la ultima imagen del bloque 3 Suelte Shift • Posicionese sobre una de las imagenes seleccionadas • Apriete el boton izquierdo del raton (Left Click) y sin soltarlo, arrastre las imagenes a Ia ventana de Ejercicio 9. Corte (CUT) las 4 imagenes creadas en 8 de la carpeta .. Ejercicio y peguelas (PASTE) en PICTURES • Ponga el cursor sobre una de las imagenes seleccionadas • Presione boton derecho (Right Click) -3 Cut • Vaya a la ventana de PICTURES 3 Right Click -*Paste 10. Seleccione y envie Ia carpeta Ejercicio al reciclaje (Recycle Bin) dandole eliminar (DELETE)..1-iwte lo que sucede (el mensaje, si alguno o nada si no pregunta nada) • Seleccione • • Saldra • Conteste • La la carpeta Ejercicio Folders g My Pictures', ElevateMian in Goodwill_ Presione boton derecho (Right Avotaciovt.es: una yenta para confirmar si (YES) carpeta desaparecera de Pictures haciendo clic sobre ella X Click) 3 Delete la accion 11. Abra el reciclaje y encuentre la carpeta eliminada • Minimice las ventanas • Localice el reciclaje (Recycle Bin) sobre su Tablero de Escritorio (Desktop) • Abralo haciendo doble clic (Double Click) sobre reciclaje • Localice la carpeta dentro de la basura y haga clic en ella 12. Restaurela (RESTORE) del reciclaje (A -vote: ra donde va?) • Dele Right Click (sobre la carpeta) -3 Restore A-votac%ones: • Debe regresar al lugar de origen i.e. como sub folder de Pictures 13. Envie la carpeta Ejercicio al reciclaje (Recycle Bin) arrastrando (DRAG and DROP). Akote lo que sucede (el mensaje, si alguno o nada si no pregunta nada) • Seleccione la carpeta Ejercicio haciendo clic sobre ella FoldersX • Apriete soltarlo, (Recycle • NO i,,, r j My Picture:., o`� a+ Ele,vateMI. r-i + in. Goodwill el boton izquierdo del arrastre la carpeta Ejercicio Bin) sobre su Tablero Av1AtL1G[o es: confirma su eliminacion, o f � raton (Left Click) y sin al icono de reciclaje de Escritorio (Desktop) sea: NADA DRAFT to be Updated Service Authorization Letter June 3rd, 2011 Ms. Sheila Womble, Executive Director Arts for Learning/Miami The Lightbox at Goldman Warehouse 404 NW 26 Street Miami, FL 33127 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Miami Learning Zone Out of School Program of the City of Miami funded through The Children's Trust ("Miami Leaming Zone") 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 Miami Learning Zone 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 Miami Learning Zone 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 Miami Learning Zone Program. These requests for payment shall be submitted on or before the tenth (10th) of the month following the month in Draft form of Service Authorizatim Letter which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. If you have any questions, feel free to 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 Miami Learning Zone Program. Sincerely, Lillian Blondet Interim Director City of Miami Department of Grants Administration as an Authorized Representative of as a Service Provider for the Miami Learning Zone 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 June 3rd, 2011 Mr. Abel Pena, Executive Director Mad Science South Florida, Inc. 3782 NW 124 Ave. Coral Springs, FL 33065 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Miami Learning Zone Out of School Program of the City of Miami funded through The Children's Trust ("Miami Learning Zone") 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 Miami Learning Zone 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 Miami Learning Zone 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 Miami Learning Zone Program. These requests for payment shall be submitted on or before the tenth (loth) of the month following the month in Draft form of Service Authorizatim Letter which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. If you have any questions, feel free to Esther Balsera, Education Initiatives Coordinator at 305- 416-1532. Thank you for your participation as a Servide Provider. We look forward to working with you in the Miami Learning Zone Program. Sincerely, Lillian Blondet Interim Director City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for the Miami Learning Zone 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 DRAFT to be Updated Service Authorization Letter June 3rd, 2011 Ms. Mila N. Yochum, Executive Director Strong Women Strong Girls 5201 Blue Lagoon Drive, Suite 828 Miami, Florida 33126 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Miami Learning Zone Out of School Program of the City of Miami funded through The Children's Trust ("Miami Learning Zone") 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 Miami Learning Zone 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 Miami Learning Zone 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 Miami Learning Zone Program. These requests for payment shall be submitted on or before the tenth (loth) of the month following the month in Draft form of Service Authorizatim Letter which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. If you have any questions, feel free to 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 Miami Learning Zone Program. Sincerely, Lillian Blondet Interim Director City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for the Miami Learning Zone 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 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN CITY OF MIAMI AND «CAPS_Name_of_Subcontractor_Independent_» RELATING TO 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 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_ Independent_Contr», 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" 1. 2. 3. 4. 5. 6. 7. 8. Provider meeting the performance requirements specified in this Agreement and under the Trust Contract. Continued demonstrated and documented need for the services funded. 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. The availability of funds from The Children'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. 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. The City in its sole discretion may also consider Provider's performance under any other agreement or contract with the City. 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. 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 measures, 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 Agreement 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_Contr», a Florida «ForPro6tNotforProfit» 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_contract_Cents_Written_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 accordance with 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 «Name_of Subcontractor_Independent_Contr», 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" 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 tohow 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. Rji: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent_Contr», 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 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/or their 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 Rj j: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contm, 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" 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 1. 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_Contr», 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" 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 the certificates 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; j. 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; I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to the City 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 insurance required 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 if applicable, 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_lndependent_Contr», 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" 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 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 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 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 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. Provider shall 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. TERMINATION 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 (30) days of execution of this Agreement, Certificates of Insurance or, if applicable, a letter of self-insurance indicating coverage applicable to a Rjj: 261426 City of Miami Professional Services Agreement No. With «Name of Subcontractor_lndependent_Contr», 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" 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 Rjl: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent_Contrn, a Florida «ForProfitNotforProfit» 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" 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_lndependent_Contr», 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" 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_ IndependentContr», 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 review by 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 €o 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_ofSubcontractor_Independent_Contr», 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" 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 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 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 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 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_Contr», a Florida «ForProf,tNotforProfib> corporation Related to Contract No. «Contract Numberrr 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 agrees to have a program -specific audit relating to the City 's agreement(s) 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 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 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 City or its contracted agents shall monitor and/or The Children's Trust 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_Contr», 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" 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, and 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_ofSubcontractor_lndependent_Contr», a Florida «ForProfitNotforProfit» 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" 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 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 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. 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 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 all 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, modifications, extensions or waivers of provisions 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_Contr», 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" 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/or 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 owned by Provider. T. REGULATORY COMPLIANCE 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 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 in violation 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 person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a. contract/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 to 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 City's and The Children's Trust's competitive procurement activities. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_ IndependentContr», 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" 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.miamidade.gov/ethics/library/Ethics-Brochure-2005.odf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fullyset 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 not to, 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 document 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 Rjj:26]426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_ Independent_Contn>, 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 (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 Honda, 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_ofSubcontractor_Independent_Contr», 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" (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 Provider and all subcontractors, 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 (and sub -contractor, as applicable) must obtain parental/legal guardian consents for all minor participants to participate and/or for adult participants in the program for services; and to share information with the City and with The Children's Trust for monitoring and evaluation purposes. Provider (and sub -contractor, as applicable) will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded .from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V.- PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to the City and The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by the City and The Children's Trust and described in .Attachment C to this .Agreement, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition,•Provider agrees (and shall cause its sub -contractors, as applicable to agree) to furnish the City and The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by the City and/or The Children's Trust, as applicable, and as described in 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) agrees that activities, services and events funded by this Agreement shall recognize The Children's Trust as a funding source through the City. Provider. (-and -sub-contractor(s), • as- applicable) shall ensure 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_lndependent_Contr», 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" 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 use of the official City of Miami Togo must have prior written approval of the City Manager or his designee. 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» Program. Provider (and sub-contractor(s), as applicable) shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. Provider (and sub-contractor(s), as applicable) shall coordinate with the City Manager or 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 subcontractors. Provider agrees to supply the City, without charge, up to three (3) copies and to supply The Children's Trust, without charge, up to three (3) copies of any publication developed by Provider in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by The Children's Trust through the City's «Program_Name»Program. Provider agrees that the City and The Children's Trust will have use of copyrighted materials developed under this Agreement 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 City's logo as permitted by 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: City of Miami and Program Name is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami and Program Name esta financiado=por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami - Dade. Kreyol: City of Miami and Program Name finanse=pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», 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" 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 Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT.BLANK Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Indepcndent_Contm, a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Numbern 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" 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 Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable Exhibit 2: The City's Authorizing Resolution Exhibit 3: Provider's Authorizing Resolution and Consent, Evidence of Valid and Current IRS and State of Florida Not -for -Profit or For -Profit Status, as applicable No other agreement, contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the Parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement 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 PROVIDER: «Name_of Subcontractor_Independent_Co By: a Tony E. Crapp, Jr., City Manager Florida «ForProfitNotforProfit» By: Attest: Name: Title: By: 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 Date: Approved as to Insurance Requirements: By: Gary Reshefsky, Director of Risk Management Date: Name: Title: Date: Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contn>, 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" This Agreement is not valid until signed by both parties 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent_Contr», 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" Composite Exhibit 1 Copy of The Children's Trust Contract No. «Contract_Number» And Services Authorization Letter With the City of Miami For The «Program_Name» Program For 2010-2011 Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contn>, 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" Exhibit 2 Copy of City of. Miami. City Commission Resolution. No.«Resolution_Number», adopted «Date_Adopted» Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr» , 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" Exhibit 3: Not -for -Profit or For -Profit Corporation's Authorizing Resolution and Consent and Acknowledgement of The Children's Trust Contract No. «Contract_Number». WHEREAS, the Board of Directors of at a duly held corporation meeting on has considered the matter 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 , 20 . Name of Entity: By: Name: Title: Chairperson/President of the Board of Directors SEAL/ATTEST: By: Name: Title: Corporate Secretary Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract_Number» with The Children's Trust The Children'sTrust May 04, 2011 Lillian Blondet 444 SW 2nd Ave. Miami, fl 33130 Dear Ms. Blondet: RE: NOFA 2011-01 Funding Recommendations, Application ID: 1108 - Miami Learning Zone Congratulations on your proposed award! The staff of The Children's Trust and I have finalized recommendations to the board of The Children's Trust for the awards for Notice of Funding Availability (NOFA) # 2011-01. The recommendations were released on our website after business hours on Friday, April 29. You are among the applicants recommended for funding from a highly selective and competitive funding opportunity for this new cycle of children and family funding. The amount of your agency's award is conditional; it may be reduced by the results of appeals or unexpected further reductions in revenues. Additionally, until such time as the awards and their amounts are approved by the board of The Children's Trust, they are not final. The proposed awards will be submitted for consideration to a joint committee of The Children's Trust board on May 19, 2011, commencing at 2:00 p.m. The committee meeting will be held in the United Way's Ryder conference room. The Committee's recommendations will be presented to the full board on June 13, commencing at 4:00 p.m., also in the Ryder conference room. At this meeting all funding recommendations will be finalized by the board. The CEO's funding recommendations culminate from a rigorous process comparable to the intensity you employed in preparing your application. Several fine proposals could not be funded. While application score was critical, so too was staffs review of your past performance on similar Trust contracts where available, as well as key variables including cost, geography and other factors involving the nature of the service proposed in relation to NOFA criteria. Please know that cost was a critical factor. In many cases your agency will not receive an award in the amount requested in your application, but please understand that the number of participants ultimately under contract should be comparable to currently contracted costs per participants, or less, when current contract costs are deemed too high, subject to the very strongest justification in contract negotiations that budget reductions must cause participant or service reductions. We've taken this course because these are challenging times both in terms of need and revenue. Return on investment has always been critical; balancing it with quality service is now imperative. Please take the time now to review your recommended award amount against the number of children and/or parents (or other participants) your agency proposed to serve in your application. If in your best judgment the award is inadequate to meet the number of children, parents or other participants your agency proposed to serve, and you believe the only way to meet the amount of the award would be to reduce the number of participants, please notify us by May 13 so that we may immediately discuss this with you, or reconsider the award. While it is not possible here to describe the funding process specific to each recommended award, we did apply some general rules to many awards. With respect to all awarded amounts, please carefully review the comments provided that will specify further information regarding your agency's award. With respect to Out of School (OOS) proposals, generally you will find that the recommended amount was reduced because we did not allow after school or summer cost per slot per day to exceed the amount of the NOFA stated maximum ranges, nor to exceed the proposed or prior contracted rates for after school or summer, if these were lower. The final contract will be negotiated with unit cost in mind, and will not exceed the maximum of the ranges set forth in the NOFA ($12.64 for after school; $22 for summer). Please know also that many applications funding primarily children with disabilities were reduced in order to extend funding to programs in high demand and short supply that serve children with autism and attention deficit disorders. With respect to Youth Development, Early Childhood and Parenting proposals, awards may have been reduced to current contract amounts, particularly if numbers of participants and services were substantially similar. In Youth Development, a maximum award amount was set at $200,000. Any new applicants not previously funded by The Trust in the area of their application received not more than a $150,000 award. The Children's Trust valued the inclusion of evidence -based programs (EBPs) in the current NOFA. Applications recommended for funding that included specific EBPs will be expected to comply with the established frequency, intensity, duration and methods of delivery for that EBP. In addition, The Trust will review all funded applications that included EBPs to determine if there may be cost savings through centralizing the purchase of materials and/or training for programs proposed for use by multiple providers. Please know we may move such costs out of individual contract budgets, where this will result in cost savings. Please do not make expenditures for these items based on proposed budgets submitted with your NOFA application, until you receive specific confirmation from The Trust to do so after we have agreed on a final revised contract budget. If we don't hear from you that you are unable to meet the proposed number of participants for the recommended award amount, we will assume your agency is ready to negotiate the terms of a contract to implement this award in not more than the recommended amount, assuming full board approval on June 13. Your contract manager will contact you before June 13 to commence the negotiation process for programs commencing August 1. While awaiting contact from us to begin negotiations, you may find it helpful to review the attached details regarding your application scores and reviewer comments. In addition, you will find the Reviewer Guidelines used for scoring applications at http://thechildrenstrust.org/reviewer-guidelines. Please note that unlike in the past, we will make every effort not to approve "service authorization" letters. We have been discouraged that service authorization letters often delay execution of contracts. The appeal policy of The Children's Trust (available in the NOFA and at http://thechildrenstrust.org/reviewer -guidelines) limits review to challenging errors in procedural due process, errors in mathematical calculations, or omissions to score sections by the ranking team. IN ORDER TO APPEAL YOU MUST RESPOND TO THIS NOTIFICATION LETTER BY NOT LATER THAN MONDAY, MAY 9 AT 11:59 P.M. (MIDNIGHT), WHICH WE WILL DEEM TO BE 72 HOURS FROM THIS NOTICE (it is actually longer). Your written request for an appeal must state the particular grounds upon which it is based, and must include all pertinent documents and evidence that support the claim. All notices shall be directed to the President/CEO at: The Children's Trust, 3150 SW 3rd Avenue, 8th Floor, Miami, Florida, 33129. I truly respect the effort that went into your agency being among the successful applicants. More so, I offer my heartfelt thanks to you and your colleagues for continuing to partner with The Trust on behalf of the children and families of this community. Sincerely, Modesto E. Abety President & CEO cc: Executive Director of Applicant Agency Organization: City of Miami, Inc. litleftio ID: 1108 Application Score: 69.5 Past Performance Score: 83.8 Final Score: 76.7 Amount Requested: $ 86,722.19 Amount Recommended: $ 86,722.19 commen Area Of Consideration Description ct010;) sitierec a tio,n t Inal, s? Impact Cost Applicant proposes to serve a high number of children for a very low Fund Despite Final Score unit cost. Itcation Revtew and Score Applicant's qualifications to serve children with disabilities and their families (Max. Score: 1pt) Score: Description meets NOFA standards 1.0 Target Population Description (Max. Score: 2 pts) Score: The response is complete and meets the NOFA requirements. 2.0 Past Performance and Capacity Related to Proposed Services (Max. Score: 5 pts) Score: 4.5 While provider has experience delivering OOS services and complying with contract requirements, the description lacks any information of achieve performance outcomes, levels of attendance, engagement and retention, etc. Participant Recruitment, Engagement and Retention (Max. Score: 5 pts) Score: 4.5 While the description contains most of the required elements, it lacks detail as to how the program will address the barriers to the program or how the program will address attrition. What Works to Help Participants Do better, including the designating agency (ies) or organization(s) 4.5 awarded the program evidence -based status? (Max. Score: 5 pts) Score: Proposed program will used EBP for all three components are required by the NOFA. The descriptions contain most of the elements required by the NOFA. However, the description lacks detail as to how the chosen curricula correlates to the programs goals and objectives. Further, the description lacks any information on how the provider will ensure that the curricula will be implemented according to its internal parameters. ongoing Quality Assurance and Program Fidelity: Quality Performance Measures: How will you measure whether services are being delivered well? (Max. Score: 5 pts) Score: The description provided includes most of the required elements. However, the description lacks any information on how the provider will ensure the continuous fidelity of implementation for the curricula. 4.5 Service Integration (Max. Score: 1 pt) Score: 1.0 The description provided meets the NOFA requirements. Page: 4 Implementation Timeline (Max. Score: 2 pts) Score: 1.0 The timeline has most of the required elements. However, it fails to address the start date of the program. What partners have a role to play in doing better? (Max. Score: 1 pt) Score: 0.5 All the partnerships listed are appropriate to the proposed program. However, the application does not include all the MOUs as required by the NOFA. Quantity Performance Measures: How much will you do? (Max. Score: 24 pts) After School and/or 1.0 Summer Camp Required Literacy and Homework Assistance Component (Max. Score: 5 pts) Score: The Proposed component is contains most of the required elements, and the component is going to be offered for more than the minimum required by the NOFA. However, the application lacks Homework Assistance, a required element of the NOFA. As per scoring sheet no more than one point can be awarded. After School and/or Summer Camp Required Nutrition Component (Max. Score: 2 pts) Score: 1.0 The description lacks details as to the process for menu approval and the source of the food. After -School and/or Summer Camp Required Activity Schedules (in attachments) (Max. Score: 2 pts) Score: There are discrepancies between the schedules provided and the program activity table: 1. Homework assistance is listed, but not described in the program table. 2. Fitness is listed for 30 min daily, but described in the table as 60 min daily 3. Social skills is listed for 30 min four days a week, but described in the table for 30 min one day a week. 4. Saturdays are listed, but not mentioned in the program table. 1.0 After School and/or Summer Camp Required Fitness Component (Max. Score: 5 pts) Score: 3.5 The description includes most of the required elements, and the component is going to be offered for more time than the minimum required by the NOFA. However, the description lacks details as to how they children will interact with the SPARK curriculum and how they will engage in the activities required to interact with the curriculum. After School and/or Summer Camp Required Social Skills Component (Max. Score: 5 pts) Score: 3.0 The description is complete and meet the NOFA requirements. Since the component will only be offered for the minimum time required by the NOFA, as per the rating sheet, it cannot be awarded full points. After School and/or Summer Camp Optional Enrichment Activities Component (including Supervised Free -Choice Activities) (Max. Score: 3 pts) Score: The enrichment activities are fully described. However, there is discrepancies between the description and the duration/time/intensity section (Mentoring and Arts for Learning). 2.5 After School and/or Summer Camp Required Family Involvement Component (Max. Score: 2 pts) Score: 1.0 The description Tacks detail as to what will be the subject of the Parent Information Session. Page: 5 How will you know if anyone is better off as a result of your program? (Max. Score: 1 pt) Score: 0.0 No additional outcomes are proposed. As per the rating sheet, no point awarded: Define Meaningful Improvement (Max. Score: 1 pt) Score: 0.0 No additional outcomes are proposed. As per the rating sheet, no point awarded. Data Collection Plan (Max. Score: 3 pts) Score: 3.0 Plan is complete and meets the NOFA requirements. Staffing —Table (Max. Score: 7 pts) Score: 5.5 All staff listed is appropriate for program and the staff has appropriate education and experience. However, there are discrepancies between the resumes provided and the staff listed (Arts for Learning) and the subcontractors are describe in the wrong section in the form. Ratio of Child Slots to Staff Table (Max. Score: 1 pt) Score: 0.0 Child to staff ratio listed is 10:1, NOFA requires 13 to 15:1. Conflicting information is provided in other sections (Staffing Narrative) unable to properly judge the which is the proposed ratio. Staffing Narrative, including Subcontracting Rationale (Max. Score: 2 pts) Score: 1.0 The description contains most required elements. However, the description lacks detail to rationale for the size of the staff and for the particular choice of subcontractors. Site Information (Max Score: 9 pts) Score: 5.5 Site table contains most of the required elements. However, the operation schedule lacks key information such as program start date, length of program (180 days), etc. The sliding fee scale for fees charged is not attached to the application. Finally, there is a discrepancy between the amount of CWD that is going to be served (at being of application it was listed as 10). Budget -Summary (Max. Score: 2 pts) Score: 2.0 Summary is complete. Budget- Line items (Max. Score: 8 pts) Score: 3.0 Budget is complete, however, it contains the following error or inconsistencies with the budget guidelines: 1. Administrative assistant salary is not percentage are required. 3. No Funds Allocate (nor match listed) for SPARKS curriculum. 4. On -Target Math and Art for Learning are listed in the wrong section. 5. No mathematical justification is provided for the Admission to Field Trips. 6. On -Target Math Subcontract Budget: Budget Guidelines do not allow for costs of incentives; there is no justification provided for the teacher. 7. Mad Science Subcontractor budget: the amount should be broken between supplies and staff cost, which enables analysis of proposed costs. Page: 6 Fiscal Soundness (Max. Score: 15 pts) Score: 13.0 Current liabilities are too high in relation to total expenditures. Total Score: 69.5 Page: 7 WebGrants - Childrens Trust Page 1 of 22 The Children'sTrust Application 231 - Out -of -School Programs - NOFA 2011-01 1108 - Miami Learning Zone Children are succeeding in school and society Status: Submitted Applicant Information Primary Contact: Name:* Mg. Lillian Salutation First Name Title: Director Email: Iblondet@miamigov.com Address: 444 SW 2nd Ave, OGA 5th FL Phone:* Fax: Miami City 305-416-1536 Phone Organization Information Legal Name: Unit (if applicable) Address: Submitted Date: 02/18/2011 11:40 PM Middle Name Florida 33130 State/Province Postal Code/Zip City of Miami; Inc. 444 SW 2nd Ave. Blondet Last Name Ext. Miami Florida 33130 City State Zip Code Mailing address if different from agency address Mailing Address: 444 SW 2nd Ave, 5th FL Mailing: Miami Florida 33130 City State Zip Code Additional Information Additional Agency Information Phone: 305-416-1509 Fax: Organization Website: Organization Type: Public/Government Date Agency Established* June 1896 Month Year Federal ID Number. 59-6000375 Fiscal Year End: October Executive Director/CEO* Tony Crapp, Jr. First Name Last Name Phone: 305-416-1536 Fax: Email Address: tcrapp@miamigov.com Financial ContactlCFO:* Larry Spring First Name Last Name Phone: 305-416-1011 Fax: Email Address: Ispring@miamigov.com mhtml:file:U1\riverside\City\DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 2 of 22 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) The City of Miami strives to be an international city which embodies diversity, economic opportunity, effective customer service and a highly -rated quality of life. Grantwriter 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? First Name Last 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 http://www.ethics.state.fl.usiand at www.miamidade.govfethics4ibrary/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 any employee 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 1/2 page): Dr. Miguel Balsera is related to the Program Manager, Esther Balsera, City of Miami. Geographic area(s) to be served Are proposed services offered Countywide? No Community Redevelopment Agency (CRA) areas Are proposed services or sites specifically located within any of the following Community Redevelopment Agency (CR4) 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 Southeastem 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 CR4 areas through this funding opportunity. The City of Miami Beach CRA includes zip codes 33139, 33140 and 33141. The City of City of Miami Beach CRA City of Miami Omni CRA Updated 02/11/2011 City of Miami SE Parkwest/Overtown Updated 02/11/2011 mhtml:file://\\riverside\City\DS1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Children Trust City of Miami Beach CRA: City of Miami Omni CRA: City of Miami Southeastern ParkwesUOvertown CRA: No No No Page 3 of 22 Program and Participant Information Program Information Brief Program/Service Summary:* Describe what services are being proposed through this program briefly. The summary statement must include the following in this order: agency name, program name, program's timeframe (after -school and/or summer), population served (number to be served, age range and identification as serving general population and children with disabilities (or CWD only/primary) including specific disabilities if targeted. as well as any other significant demographics descriptions), geographic area primarily served, and primary program activities. (100 word limit) The City of Miami (City) Grants Administration Department's Miami Learning Zone program (MLZ) proposes an after - school and Saturday school for 100 general population children ages 5-11; 10 with a disability. These children reside primarily in Liberty City; are 3.04% Hispanic, 94.69% Black, 0.59% White, 1.68% other. The City will deliver academic literacy services (Lit Art Learn); physical activity (SPARKS and yoga); social skills -building (Skillstreaming); family involvement (via field trips); nutrition; enrichment via arts expression (Arts for Learning); violence prevention services (GREAT by Miami Police officers); and single -sex mentoring by 5000 Role Models and Strong Women, Strong Girls in a seamless delivery model to build position children to succeed. Program Timeframes: After -School only Program Slots and Services for Children with Disabilities Child slots are the numbers of seats a program expects to fill each day the program operates, or the program's capacity to serve the same number of children daily. The Children's Trust expects that all programs will 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. For applicants with a history of providing Trust - funded DOS programs, children with disability slot numbers should be in line with the past numbers served, with a minimum of 5% of all slots. New applicants who have not previously provided Trust -funded DOS services must propose a minimum of 5% of slots for children with disabilities. Enter the total number of child slots proposed across all sites for the after -school period. After -school child slots: 100 Enter the expected number of these after -school slots to be filled by children with disabilities. Estimate based on history of providing these or similar services, After -school children with disabilities slots: 10 Enter the total number of child slots proposed across all sites for the summer period. Summer child slots: 0 Enter the expected number of these summer slots to be filled by children with disabilities. Estimate based on history of providing these or similar services. Summer children with disabilities slots: 0 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) mhtml:file:/!\\riverside\ City \DS 1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 4 of 22 Qualifications and experience: The City of Miami has been delivering academic, recreational and daily living skills programs for individuals with a variety of disabilities for over thirty years. There are various programs available for the participation for all persons with disabilities within the City of Miami and Miami -Dade County. Among the programs available are A.D.T. Adult Day Training Program, Afterschool Program & Summer Camp, MAGIC Miami's Accessible Guide to inclusion in OurCommunity; and Project SEARCH Miami. Since 2005, MLZ's certified teachers have benefitted from the City's experience and their own required training to be prepared to work successfully with over 65 children with disabilities since the launch of MLZ. Functional levels of support: The City of 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 as it relates to individuals with disabilities. Specific types of disabilities served: MLZ typically services 8% Special Needs; 2% Developmental Disabilities. Approach to inclusion Leveraging this experience, MLZ program is equipped to provide persons with intellectual and physical challenges equal access to recreational, leisure, and cultural activities and to enhance their quality of life and inspire confidence and foster independence. Formal trainings completed Miami -Dade County Public Schools, Division of Special Education, Transition Program Designation; Department of Education, Florida: 1) Agency for Persons with Disabilities, Medicaid Medwaiver Provider 2) Division of Vocational Rehabilitation, Supported Employment Provider; Social Security Administration, Ticket to Work, Employment Network Provider. Participants by Grade - All participant numbers should represent the unduplicated counts of unique children to be served The total for participants by grade should match the total for participants by age. OOS services are not being funded for preschool or high school students in this funding opportunity. Applicants serving these grade levels should look to the Early Childhood Development and Youth Development funding opportunities, respectively. Elementary school students (generally ages 5-11): 100 Middle school students (generally ages 11-14): 0 Participants by Age - All participant numbers should represent the unduplicated counts of unique children to be served The total for participants by grade should match the total for participants by age. OOS services are intended for elementary and middle school students, ages 5 and up only. For services to children birth to 4, please look to the Early Childhood Development funding opportunity. In addition, for services to high school youth, please see the Youth Development funding opportunity. Children age 5 (who are enrolled in elementary school): 0 Children ages 6-12 (includes elementary and middle school): 100 Children ages 13+ (who are enrolled in middle school): 0 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 be served, including any program entry cntena/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 risk/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 or delinquency systems. (250 word limit, or approximately 12 page) Program Criteria: Miami Leaming Zone's (MLZ) only criteria is that the child be a City resident and within the age range. MLZ will fill all slots and waiting lists are maintained. Client Demographics: MLZ serves male and female children ages 7-12; from zip code 33150 and 33147; 3.04% Hispanic of any nationality, 94.69% Black, 0.59% White, and 1.68% other. 98.3% receive Free/Reduced Lunch versus Florida's 41%. 90% of Holmes' students reside in Liberty Square Public Housing (est. 1930 —HUD), indicating a large cohort who may be unsupervised and in need of MLZ to avoid after -school delinquency (DOJ). Additionally, MLZ serves children with mild to moderate disabilities (i.e., Leaming Disabled, Mentally/Emotionally Handicapped, Physically Impaired, etc.) Risk factors MLZ's site of Holmes Elementary School (1175 N.W. 67th Street Miami, FL 33150) has high rates of single parents (between 860-1,436), poverty (36.7% of families with children in poverty), and 51 % of single -parent families below the poverty level (US Census). Before Miami Learning Zone, Holmes was an "F" school; its now a D mhtml:file:/A\riverside\City\DS1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 5 of 22 school and monitored by MDCPS as a School In Need of Improvement. Liberty City is FBI 7th most dangerous neighborhood and has high juvenile delinquency (FL DJS). Unfamiliarity with public resources, cultural practices and language also put households at higher risk of exploitation by criminal elements, reduced ability access the public benefits they may be entitled to, and a lack of knowledge to where to go for services for their children; 20% of MLZ-children have parents that were born in another country. For parents with children with disabilities, the challenges to finding and affording quality assistance are significant. These trends continue to 2011. 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 agency 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, tell 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: We desire more quantitative data versus narrative for this section (for example, data charts showing trends of participant retention, program/service utilization, participant outcomes, etc). The City provides programming in parks and other spaces to over 5,000 children annually. Since 2004, the Miami Learning Zone has served 700 children at both Holmes Elementary and Lenora B. Smith (no TCT funding) to give children in a blighted neighborhood a chance at success through funding from both The Children's Trust and the State of Forida's Department of Education's 21 st Century Community Leaming Center. LICENSING: Holmes Elementary site is exempt from DCF license requirements; YMCA is licensed. (see attached) ENSURE ADEQUATE FACILITIES The City of Miami has partnered with Miami -Dade Public Schools to use Holmes Elementary for MLZ. This space is designed for children and use is reserved for MLZ use by the School Principal. REGULATORY COMPLIANCE: The City is legally bound to abide by all government regulations and has a legal department to ensure all contracts are executed in accordance with applicable legal codes. The City's Program Single Audit has received the Trust approval for extension of submission to March 2011. RECORD KEEPING SYSTEMS:MLZ established successful standards/procedures for file accuracy, performance tracking, expenditure review and fiscal reports. MLZ had not been late in submitting reports. Invoice submission. Recently, the Trust commented on the excellent performance of MLZ. (See Organizational Charts in Supporting Documents). SERVICE PROVIDER AGENCY DESCRIPTIONS: The City has been operating MLZ with federal (21st Century) and local (The Children's Trust) funding for over three years, with the same partners. Arts for Learning: Arts for Learning (A4L) is dedicated to advancing teaching and leaming through the arts and community cultural resources. A4L has been offering high -quality sequential after -school programming since 2003. A4L teaching artists are selected for expertise in their art form and their commitment to children. YMCA: The YMCA of. Miami -Dade has provided quality.before and after school programs since 1976, serving the needs of working families by providing elementary school children with a safe/supervised environment that includes age -appropriate academic and enrichment activities. Currently operating in 20 MDCPS from Florida City to North Miami- Dade, 2,000 children are served daily. Participants receive homework assistance, tutoring, sports, dance, music, field trips, arts and drama. mhtml:file:/A\riverside\City\DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 6 of 22 ON Target Math: Since 2003, On Target has been delivering math tutoring solutions to assist students in overcoming obstacles in completing state requirements. Over 300 students have been served at Holmes Elementary, fostering a love of learning, and equipping teachers with effective teaching tools. MPD-Miami Police Department has been operating delinquency preventions in the form of anti -gang, anti -drug, anti - bullying, and conflict resolution training for•Miami's at -risk children. Officers are accredited in various national programs endorsed by the Dept. of Justice, such as DARE and GREAT. Mad Science of South Florida - Mad Science was founded in 1995 to provide children with fun, hands-on, interactive, and educational activities that instill a clearer understanding of science and how it affects the world around us. Their partnerships include NASA, and partnerships with the Kennedy Space Center, IBM, Cellular Mobiles, Parmalat, and Chick -Fill -A. 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 participants. Each of the following points should be addressed in your response. (500 word limit, or approximately 1 page) • What efforts will be made initially to locate and engage participants? What access do you have to the target population? • What strategies will be used to maintain engagement/participation of those enrolled to ensure retention? How will you ensure participants attend regularly, and for out -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? • Describe the desired level of participation and define successful program completion, if applicable. What 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? • What services and/or support do participants receive following successful completion (if any)? Participant Access and Recruitment: Miami Leaming Zone (MLZ) accepts all self -enrolled children but ensures that high -risk youth are recruited as well. MLZ has an advantage in being a school -based program and able to identify and recruit participants prior to program start through its strong relationship with Holmes Elementary school (see attached letter of support). For 2011- 2014, MLZ will employ the following recruitment strategies: 1) Public Postings (Liberty Square and Holmes Elementary) MLZ utilizes posters in Liberty Square Public Housing facility and inclusion in the Holmes Elementary welcome back mailing before the start of the school year. 2) Targeted Recruitment: MLZ staff receives the list of those with low performance on FCATs, attendance and GPAs and contacts their families; typically this accounts for 30% of the school population. MLZ staff also contacts previous participants via telephone to notify of the registration timeframe as well as to give them a list of required documentation needed to register 3) Online Promotion Online promotion is also conducted using email blasts and website resources, however, some of these households are not connected to Internet. Retention: Children's attendance is strongly influenced by caregiver support. At the first absence, MLZ Program Coordinator will contact the caregiver to inform them of the absence and repercussions. Often, it is simply because the child walked home because they live close to the school. MLZ finds that this personalized outreach is effective in engaging families in encouraging their child's attendance. MLZ also maintains a waiting list to continually occupy the slots. Recognition also helps with attendance. Participants that attend on a regular basis are recognized for their great attendance. Participants also receive recognition for program participation throughout the year. The end of the year exhibition is particularly exiciting to youngsters and acts as an incentive to maintain attendance. All participants receive a certificate of participation and are presented with the certificates at the end of the year exhibition Barriers to Program Attendance: In 2010, the consistent attendance rate stabilized at 85%. The continued barriers to program attendance are the proximity of children's residences to their schools, resulting in them walking home, and the demands on children's time during FCAT preparation. Definition of Successful Completion: In order for children to benefit from the program and be considered a successful completer, they must: • Successful program completion is attendance of 10 months • Attendance of 85% of program service days offered. • Demonstrate increase in ORF literacy score mhtml:file://\\riverside\City\DS 1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 7 of 22 • Demonstrate increase in PACER score • Participate in the Literacy, Physical Fitness, Enrichment, Nutrition, and Social Skills component. Post -Program Completion Services: MIZ will formally end per the Trusts contract period, but will give each child a "Get Ready for Summer!" packet which will include a list of Trust -funded summer children enrolled in its program; and priority enrollment in summer parks program. 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 response. (500 word limit, or approximately 1 page) • 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. • Proposals that do not include evidence -based programsrcumcula will be closely scrutinized 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? MLZ incorporates evidence -based practices to give structure and valuable content to 3 of the 5 core components with EBP mandates: Literacy, Physical fitness and Social Skills. MLZ is able to comprehensively serve its 100 children due to its obtaining a matching 21st Century Community Leaming Center (CLLC) Grant which also holds it to a high standard of quality services. 1. Literacy-KidzLit Staff: MLZ Certified Teachers 1.a. Literacy Evidence Based Program Justification: The National Reading Panel (2000) identified five critical factors that are a necessary part of effective reading instruction: phonological and phonemic awareness, phonics, fluency, vocabulary, and text comprehension. KidzLit was chosen because it incorporates these critical factors in engaging ways and is specifically for afterschool, building comprehension skills and vocabulary. 1.b. Implementation - MLZ will implement KidzLit as structured by the curricula creators. MLZ Instructors will conduct literacy classes 45 minutes each day, following the standardized five part process, including discussion and hands on activities: Introduction, Read -Aloud, Talk, Connection Activity, and Wrap-up. KidzLit utilizes a Book Club approach (where students choose what they read) from a pre-set list of books with related instructional and evaluation materials. To ensure fidelity and assess the impact, MLZ will administer The Oral Reading Fluency test at the beginning of the year, mid -year and at the end of the year. 2. Physical Fitness: Sports, Play and Active Recreation for Kids (SPARK) Subcontractor: YMCA 2.a. Justification MLZ wanted a physical fitness evidence based practice focused on wellness education through physical improvement. The SPARK After School (AS) Physical Activity Program model was selected based on exemplary outcomes and compatibility with our population and at -school setting. SPARK after - school began in 1995 as part of an effort to take lessons learned from the successful SPARK PE prog ram and apply them to "out of PE" settings. The SPARK after school philosophy is to instill the love of lifelong movement in ALL youth. The SPARK Manual includes exercises from around the world, making it more culturally relevant to MLZ's student population which is highly diverse. 2.b. Implementation MLZ participants will undergo recreation for a minimim of 30 minutes five times a week. Efficacy will be measured by using the PACER Evaluation tool. MLZ subcontractor YMCA, utilizes SPARK's Lesson Plans, with over 400 pages of cooperative, cultural and aerobic games, dances and sport activities written in scope and sequence. 3. Social Skills: Peace Works (evidence -based program) Staff YMCA Certified Counselors mhtml:file:/A\riverside\City \DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 8 of 22 3.a. Justification: Though the child's home may be loving, the neighborhoods surrounding them have high rates of adults demonstrating non -caring behaviors: violence, domestic violence,and substance abuse. To break the cycle of violence, build self-esteem, and enable these children to have the skills to avoid voilence, MLZ will utilize Peace Works for Little Kids and Grade 6. 3.b. Implementation- PeaceWorks will be implemented without modification a minimum of once a week for 30 minutes for the 42 weeks. Curricula will allow these children to develop emotionally healthy ways of identifying stress and anger and how to deal with it; moderate their behavior; communicating empathy; boundary setting with peers and adults; cultural awareness, community building, and aggression control. What designating agency(ies) or organization(s) awarded the program evidence -based status? Agency/Organization Awarded evidence -based status Selected from Trust -approved list of programs in the NOFA Yes Child Trends Collaborative for Academic, Social, and Emotional Leaming (CASEL) Colorado Blueprints Find Youth Info Harvard Family Research Project 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 (SAMHSA) U.S. Department of Education's What Works Clearing House U.S. Department of Health & Human Services' Office of the Surgeon General (OSG) Washington State Institute for Public Policy (WSIPP) What Works Wisconsin Other Designating Agency If the 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: National Council of Teachers of English (NCTE) 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 1 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. I. Quality Assurance Processes and Procedures: The City of Miami recognizes that Quality Assurance Processes are key to ensuring children receive complete and high quality programming during their enrollment at MLZ. Oversight structure, evaluation tools, and feedback loop for continuous quality improvement are planned to ensure the program is properly implemented at Holmes Elementary. OGA has designated its Education Coordinator (Esther Balsera) who.is supported by Education Assistant (Stephanie Marquez) for overall implementation and quality control. On -site, the Program Coordinator coordinates the program calendar; subcontractor participation and data collection; obtaining supplies; and communication with the school administration and parents/caregivers. MLZ will use the results from evaluation tools to monitor the administration and quality of the services being provided. This data is collected by the Program Coordinator from the subcontractors and inputted by the Education Assistant weekly. Monthly the Education Coordinator reviews outcomes with the MLZ Program Coordinator and Subcontractors to identify successes and mhtml:file://\\riverside\City\DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 9 of 22 challenges, and institutes corrective action, if needed. Other than this general monitoring, specific assessments will be conducted: a. MLZ Launch: Utilizing the Trust monitoring tool, MLZ Coordinator will assess the MLZ site and train staff on these benchmarks. • Designated Staff: MLZ Coordinator Measurement Tool: Trust's Audit b. MLZ Monthly Monitoring: 1) Data Collection of Evaluation Tools- Weekly, the Program Coordinator gathers the attendance for input; evaluation sheets relevant to the evidence based practices; and any enrollment or closeout paperwork for participants to enter into Data Tracker • Designated Staff: Education Coordinator; Measurement Tool: ORF, PACER, Peace Works pre/post tests; Attendance and enrollment documents. c. EBP Scheduled Testing: Testing for pre, mid, and post outcomes will be conducted and reviewed per the schedule below. IL Tracking Evidence Based Best Practice (EBP) Adherence: MLZ-will utilize the evaluation tools prescribed for each EBP as well as the Trust mandated evaluation tools a. Literacy: • Beginning of school year KidzLit; Oral Reading Fluency Test • Weekly: KidzLit post tests • Mid -year: Oral Reading Fluency post tests • Final: KidzLit post tests; Oral Reading Fluency Test b. Physical Fitness: • Beginning of school year. SPARKS/PACER pre-tests • Mid -year: SPARKS/PACER post tests • Final: SPARKS/PACER post test c. Social Skills: • Beginning of school year: Peaceworks pre test • Mid -year: Peaceworks test • Final: Peaceworks post test Attachments: • ORF • PACER • Skillstreaming pre/post; Teacher 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 enable its residents the highest quality of life possible. As a government entity it provides several services to constituents directly and partners with other agencies to obtain services. Services that families of participants might need and the City is prepared to offer if the family resides in the City: • Foreclosure assistance-COM Foreclosure Program mhtml:file://\\riverside\City \DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 10 of 22 • Tax preparation-COM ACCESS Miami program • Computer purchase assistance through matched savings program- COM ACCESS Miami • 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 families express a need for these services, the Certified Teacher will connect them and document the referral both in the file and in the city's database. For those services not directly operated by the City of Miami, the Education Coordinator and Program Director will connect the 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 COM cannot case manage families under this grant, they can connect them to reputable providers through the 211 and 311. MLZ has enabled children to get glasses, caregivers leam about elders programs, and financial literacy programs through these resources. At the end of the year, MLZ will distribute a "Get Ready for Summer" Packet with information about all Trust funded summer programs; City of Miami programs; and other services caregivers might need to get through the summer without a knowledge lapse for the child in order to sustain the gains they made during the MLZ program period. Implementation Timeline Specific Milestone or Activity Description Professional Services Agreement Finalized: MLZ must have formal agreements with each subcontractor prior to start of services for August 22 start (start of school year) Contract Acceptance: the City of Miami Commission must accept all grants over $25,000. To get legislation approved for review, all documentation must be routed for internal approval by relevant City Departments. Contract Executed with The Children's Trust: After the City of Miami Commission accepts the grant the City Manager is authorized to sign the contract. Originals are sent to The Children's Trust for their signature. Staff Hiring: The City anticipates utilizing its existing MLZ staff and therefore will not need to hire, but in the event we do we are including it in this timeline Purchasing of Materials: The City of Miami has a purchasing process for its supplies; most of the MLZ supplies have been used. Therefore, we need to order supplies for the upcoming.program year. Staff Training: All staff (participating school staff and subcontractor staff) will be trained in an MLZ overview and data collection as well as working with individuals with disabilties (if needed). Background Checks: All supporting staff, subcontractor staff, and volunteers will have level II clearance. Workers without clearance will not be allowed at the site. The Children's Trust Delivers Contract to The City of Miami Grants Department. The Children's Trust delivers the award letter/contract to the City of Miami Grants Responsible Party (name, Expected Expected title, agency) Start Date End Date Esther Balsera, Education Initiatives Coordinator, Grants 08/01/2011 08/05/2011 Department, COM Esther Balsera, Education Initiatives Coordinator, Grants 06/22/2011 07/28/2011 Department, COM Esther Balsera, Education Initiatives Coordinator, Grants 07/28/2011 08/01/2011 Department, COM Esther Balsera, Education Initiatives Coordinator, Grants 06/30/2011 07/28/2011 Department, COM Esther Balsera, Education Initiatives Coordinator, Grants 07/28/2011 08/05/2011 Department, COM Sharletta Raiws, MLZ Program Director, Holmes Elementary 08/15/2011 08/17/2011 School Esther Balsera, Education Initiatives Coordinator, Grants 08/01/2011 08/15/2011 Department, COM The Children's Trust 06/20/2011 06/24/2011 mhtml:file://1\riverside\City1DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 11 of 22 Department. Enrollment Recruiting Plan Initiated: The Program Director at Holmes Elementary recruits the children at the school and deploys the other components of the outreach and recruitment plan. MLZ Parent Orientation: Orientation at Holmes Elementary to outline expectations and attendance policy. Partnerships Table Partner Partner Agency Description Contract Manager, The Children's Trust Sharletta Ralws, MLZ Program Director, Holmes Elementary School Sharletta Ralws, MLZ Program Director, Holmes Elementary School On Target's math program gives children a solid foundation for succeeding in state tests, fosters a love of learning, and gives teachers effective tools.Topics Include: Data Analysis; Foundational Concepts; Assessed Strands; Reinforce Strategies; Number Sense; Measurement; Geometry; Algebraic Thinking. Certified Teachers provide instruction. On Target Math http://ontargetmath.com/overviw.html Mad Science (Academic Enrichment) Mad Science (est.1995) sparks the imagination and curiosity of children everywhere. The program accomplishes this using interactive and educational activities that instill a clearer understanding of science. Their approach to science utilizes a program model approved by NASA. Their partnerships include Kennedy Space Center, IBM, Cellular Mobiles, Parmalat, and Chick -Fill -A. http://www.madscience.org Role in Program Implementation and Resources Committed. • Role: On Target Math tutors will implement activities developed through the Focal Points Assessment from STEEP. These activities will give students an alternative hands-on approach to learning math. Four times per week, 1 hour per day, rotating schedule for various grade levels • Resources Committed: Staff, curricula, (grant -funded) and technical assistance. Role: Mad Science will provide "hands-on" projects for students while maintaining a safe and creative teaming environment that stresses exploration and inquiry. The Science fadlitator will provides weekly reports and implement activities giving students an alternative hands-on approach to teaming Sceince. Resources: Staff, curricula, leaming tools. Resources Committed: 06/20/2011 06/24/2011 07/05/2011 08/26/2011 08/15/2011 08/19/2011 LOAIMOU Paid attached? subcontractor or in -kind services Yes in -kind Yes paid mhtml:file:/A\riverside\City\DS 1 \EB alsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Children Trust Holmes Elementary School (Site Partner) YMCA (Literacy, Social Skills and Physical Fitness EBP Provider) Holmes Elementary School has been the heart and site of Miami Learning Zone since inception. Its motto is "Responsible, Respectable, Ready to Learn" http://www.holm es.dadeschools.net/ dadeschools.net The YMCA of Greater Miami was started in 1916 in downtown Miami. At that time, there were just a few pioneers with the dream of offering programs that would build a strong community.Today, the YMCA of Greater Miami provides programs - child care, sports, before and afterschool care, aquatics, day camps, teen programs, adult fitness and senior programs - in 4 family centers, 3 preschools, and over 60 elementary and middle schools, and park locations throughout Miami - Dade and Monroe Counties. http://www.ymcamiamLorg Role: Site operator for facilities and connectivity to the Miami -Dade County Public School system and resources. Resources: Administrative staff, janitorial staff, security staff, facilities and utilities for operating the school after hours. Role: 1. KidzLit Implementation: Buys curricula, trains staff (certified teachers from Holmes), and implements curricula as structured 2. SPARK Implementation: Same as above Page 12 of 22 Yes in -kind 3. PeaceWorks Implementation: Same as No in -kind above 4. Parent Events: Operates monthly open house events with relevant topics for parents occurring during the last hour of the MLZ day. Resources: Staff, curricula, program materials Role: Arts for Leaming will offer arts -integrated programming based on the Guggenheim's Leaming Arts for Learning (A4L) is dedicated to advancing teaching and teaming Through Art program and through the arts and community cultural resources. A4L connect the arts to the Lincoln Center other core -curriculum subjects to support academic achievement and child Institute. Students development, and teach communication skills literacy and problem solving Arts for ari ex pate in dance, visual art expression, or music Leaming skills, self-discovery, and build self esteem, classes administered by Yes paid (Enrichment) professional teaching http://www.a4lmiami.org artists weekly. Strong Women, Strong Girls Strong Women, Strong Girls (est.in 2000), and is dedicated to raising the aspirations and self-esteem of elementary school girls. Using college mentors, girls are put on the path from the classroom to the boardroom. SWSG s is building a movement of women and girls committed to positive social change. http://www.swsg.org/ Resources: Staff, curricula, supplies. Role: Students are matched with a mentor. Mentors will meet with their mentees at least once a week for one hour. During these one hour sessions, mentors and mentees will focus on academics and social skill building. Resources: Training for volunteers, screening, training materials and Yes in -kind mhtml:file://\\riverside\City'DS 1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 13 of 22 program supplies. 5000 Role Models provides enrichment via mentoring using their 5,000 Role Models is a dropout prevention intervention program for volunteers (Level II minority young boys "at -risk' of dropping out of school and/or choosing a clearance), who will meet 5000 Role life of crime. The program serves 82 schools, which includes 16 with MLZ boys while Models elementary, 34 middle and 32 senior high Miami -Dade County Public Strong Women, Strong (Enrichment- Schools. Girls meets with the girls. Mentoring for Boys) http:llwww.5000rolemodels.dadeschools.net/members schools.html Contribution: Volunteer mentors, program management and matching, special events. After -School Activities Table Activity After -School Service Name & Description Type Social Skills Nutrition Component: Social Skills Facilitators Content: Peace Works plants the seeds of peace with materials from our Peacemaking Skills for Little Kids line of curricula, posters, and music. These fun activities, games, songs, and puzzles teach your MLZ. students the 1-Care Rules and important practical skills like listening, cooperating, sharing, and the Peace Table process. It utilizes modeling, role playing, performance feedback, and transfer (homework). Students develop competence in dealing with interpersonal conflicts and learn to use self-control. Evidence -Based Program: Peaceworks Accomodations for Children with Disabilities: Modifications for children with disabilities will be provided prior to program start. Component: Snack and Nutrition Content: USDA guidance on health food and beverage. Evidence -based practice: n/a CWD Modifications: n/a Component Family Involvement Content: Quarterly Parent Informational session. Throughout the year, two literacy and social family events will be held. • MLZ Program Coordinator Subcontractor (YMCA) • Certified Teachers Subcontractors: YMCA Certified Teachers Family Involvement Evidence Based Practice: n/a • MLZ Program Coordinator CWD accommodations: all travel and activities will be modified if need be for involvement. Component: Literacy Yes in -kind Site/Group Fregllntens/Duration/Time Variances n/a n/a n/a • Frequency: Once a week • Intensity: 30 minutes • Duration: 42 weeks • Frequency: Daily, every week • Intensity: 15 minutes • Duration: 42 weeks • Frequency: 3 times a year. (beggining, mid and end of the school year) • Intensity: 3 Hours • Duration: 42 weeks mhtml:file://\\riverside\City \DS 1\EBalsera\Documents\miamilearningzoneFlNAL.mht 6/9/2011 WebGrants - Childrens Trust Literacy Enrichment Content: KidzLit focuses on proficiency in reading takes practice and is developed over a lifetime. A proficient reader must understand the meaning of the text (comprehension), know when and how to apply metacognitive strategies to acquire the information, have an extensive vocabulary (oral and reading) and read accurately (speed, rate and prosody). Each 45 minute session will include: • Assess prior knowledge of story based upon story title and cover. • 15 minute read aloud. • 20 minute follow up lesson based on the story that was read in one of the five critical components of reading: phonological and phonemic awareness, phonics, fluency, vocabulary and comprehension. • 10 minutes to work on critical thinking activity. MLZ Certified Critical thinking activities are structured Teachers: Instruction activities to build thinking skills using a variety of methods; analogies, reasoning, verbal skills, logic, and reading strategies. Evidence -based curriculum: KidzLit Accommodations for children with disabilities: The CWD indentified in this program, have mild leaming disabilities. The teacher will modify curriculum as needed to meet the needs of this population. Field Trips: N/A Component: Enrichment Content: Arts for Leaming enhances cultural development by bringing visual and performing arts to the children. Children will participate in twice -weekly Gasses at the school. The Arts Program Manager will coordinate activities of all the Artists and Artist Assistants. Visual art programs will concentrate on exploring visual media to interpret and communicate individual perceptions of nature. Dance classes will teach safety techniques for warming up and strengthening the body and basic dance steps and creative movement. Students can participate in a Christmas and' End -of -Year Production. Evidence -based curriculum: n/a Accommodations for children with disabilities: Facilities and games are modified to be as inclusive as possible for children with disabilities Field Trips: n/a Component: Academic Enrichment (On Target Math) MLZ Program Coordinator: Coordinates literacy provision MLZ: Program Coordinator Subcontractors: Artist Services & Recruitment Coordinator Content: On Target Math tutors will implement activities developed through the Focal Points Assessment from STEEP. These activities will give On Target Staff Enrichment students an altemative hands-on approach to leaming math. Evidence -based curriculum: n/a Accommodations for children with disabilities: Facilities and games are modified to be as inclusive as possible for children with disabilities N/A n/a n/a Page 14 of 22 • Frequency: 5 times a week • Intensity: 45 minutes • Duration: 42 weeks • Frequency: Three times a week • Intensity: 60 minutes • Duration: 42 weeks • Frequency: Once a week • Intensity: 60 minutes • Duration: 42 weeks mhtml:file://1\riverside\City\DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 15 of 22 Enrichment Field Trips: nla Component: Enrichment (Academic: Mad Science) Content: The program provides children with fun, hands-on, interactive, and educational activities that instill a clearer understanding of science and how it affects the world around us. Evidence -based curriculum: n/a Accommodations for children with disabilities: Facilities and games are modified to be as inclusive as possible for children with disabilities Field Trips: n/a Component: Enrichment (Mentoring: Strong Girls, Strong Women and 5,000 Role Models) Content: Mentors will meet with their mentees at least once a week for one hour. During these one hour sessions, mentors and mentees will focus on academics and social skill building. Enrichment Evidence -based curriculum: n/a Enrichment Fitness Accommodations for children with disabilities: Facilities and games are modified to be as inclusive as possible for children with disabilities Field Trips: n/a Component: Enrichment (Gang Reduction and Education Training) Content: The City of Miami Police Department tailors and administers a violence prevention program focusing on gang resistance, bullying, conflict resolution, and avoiding in -school fighting. Evidence -based curriculum: n/a Accommodations for children with disabilities: Facilities and games are modified to be as inclusive as possible for children with disabilities Field Trips: n/a Component: Students will participate in varying recreational and physical activities. Sportsmanship will be emphasized. Content: Activities will include Field Day, relay races, basketball, baseball/ softball, dodge ball, flag football and, dance, etc, Students will receive a PACER test to examine their physical abilities. EBC: SPARKS Accommodations for children with disabilities: Facilities and games are modified to be as inclusive as possible for children with disabilities. Field Trips: n/a Mad Science Facilitator N/A • Strong Girls Strong Women Facilitators n/a • 5,000 Role Models Facilitators MPD Police Officers 4th and 5th grade students will receive this programming only. • MLZ Program Coordinator N/A • YMCA Counselors • Frequency: Once a week • Intensity: 60 minutes • Duration: 42 weeks • Frequency: Once a week • Intensity: 30 minutes • Duration: 42 weeks • Frequency: 6 times per year • Duration: 30 minutes • Intensity: 42 weeks • Frequency: Daily, every week • Intensity: 60 minutes • Duration: 42 weeks mhtml:file://\\riverside\City\DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 16 of 22 Summer Activities Table Activity Type Summer Service Name & Description Facilitators Site/Group Variances Freq/lntens/Durationmme Required Outcomes Acknowledgement of required common outcomes for all OOS programs The Children's Trust has established two common outcomes and measurement tools for all OOS programs, as displayed on the following chart. White ORF and PACER measures are intended to be mandatory, The Children's Trust recognizes they may not be appropriate for all children with disabilities. When specific limitations prevent the use of the standard ORF and/or PACER, applicants may select from approved adaptations of these assessments. If the adapted assessments are also not appropriate, applicants must identify appropriate alternate assessment(s) that are in line with the population served and activities delivered and describe those in the additional outcomes table below. Otherwise, the mandatory performance outcomes listed below are not subject to negotiation. Checking below indicates agreement with the mandatory outcome requirements. Required After -school Outcomes Data Source 1 Measurement Tool Timing Associated Activity Mid -point performance: 85% of children will 1 minute Oral Reading Fluency (ORF) Pre, mid and post tests Literacy activities improve oral reading skills e End -of -year performance: 90% of children will improve oral reading skills Mid -point performance: 75% of children will PACER Multi -Stage Shuttle Run Pre, mid and post tests Fitness activities improve fitness performance End -of -year performance: 85% of children will improve fitness performance Required Summer Outcomes Data Source / Measurement Tool Timing Associated Activity 85% of children will improve or maintain oral reading skills 1 minute Oral Reading Fluency (ORF) Pre and post tests Literacy activities 85% of children will improve or maintain fitness performance • PACER Multi -Stage Shuttle Run Pre and post tests Fitness activities Click the Edit button above to access the check box to indicate agreement with the mandatory outcome requirements. Acknowledge required outcomes: Yes Additional After -School Outcomes Additional After -school Outcome Data Source / Measurement Tool Timing Associated Activity Additional Summer Outcomes Additional Summer Outcome Data Source / Measurement Tool Timing Associated Activity Participant Outcomes Measurement Define Meaningful Improvement: For any additional outcomes above stating that participants will improvehncrease or decrease in particular areas, describe how you will determine whether the outcome is met. include within your answer how much or what degree 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 at 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) N/A no additional outcomes were chosen mhtml:file://\\riverside\City\DS 1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 Web Grants - Childrens Trust Page 17 of 22 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) • Pre, mid, and 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. Specifically, describe the agency's capacity to collect required common outcome measures of the Oral Reading Fluency (ORF) and the PACER. • Describe the general reliability and validity of any additionally 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. • Specify the staff positions who are responsible for collecting the data (administering the tests, tracking attendance, etc.), reporting the data into The Trust's electronic data tracking system, running reports on performance, analyzing the data and making program modifications based on the results. I. Testing Plan: In August, staff will be trained on evaluation to ensure quality data collection. MLZ staff and partners will administer pre-tests on testing days in August; testing days in January; and testing days in June, or the dates The Trust selects. Children will receive notices to take home to their parents. All children filling the 100 slots with 85% attendance or more will be evaluated in: • Literacy (administered by YMCA Tool: Oral Reading Fluency (ORF). Scores are inputted, monitored and reviewed by YMCA, then sent to MLZ staff for input. • Physical Fitness (administered by YMCA staff) Tool: PACER • Social Skills (administered byYMCA) Tool: Peaceworks Checklist The YMCA Lead Teacher submits all tests to the Program Director, as well as the attendance sheets weekly. MLZ's Education Coordinator/Education Assistant Specialist) will input data in an electronic format for both ORF and PACER (Data Tracker and an excel spreadsheet). MLZ Program Coordinator staff assists in the input and review of data if necessary. Open lines of communication are developed to ensure that all program staff and subcontractor agency personnel are aware of testing implementation dates, the collection process, overall results and need for improvement. Attendance: Parents are contacted to inform them that testing is being conducted and it is important that their child show up for testing. If a participant misses, the parents are contacted again. ML2 constantly reviews its files to ensures that all tests are completed. II. Data Validity: MLZ utilizes testing that has been validated as part of evidence -based models to ensure that the highest quality information is being provided. The tools used will be the ORF, PACER and Skillstreaming checklist (see attachment), as well as tests for enrichment activities. (see attachment). After test results are inputted, reports are run to access the number of test conducted, participants scores etc. and identify any unanticipated variances for review and remediation. In addition, MLZ will utilize the Trust's audit to conduct its own intemal compliance review as it relates to data. III. Staff Staff involved are both MLZ staff and that of Partners. • ORF- YMCA certified teachers will be proctors; MLZ Education Assistant will be data inputter; MLZ Coordinator will be quality reviewer. • PACER- YMCA staff will be proctors; MLZ Education Assistant will be data' inputter; MLZ Coordinator will be quality reviewer • Peaceworks- YMCA staff will be proctors; MLZ Education Assistant will be data inputter; MLZ Coordinator will be quality reviewer. Program Staffing Period/Population # Child Slots' # Staff mhtml:file:/A\riverside\City\DS 1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Children Trust Page 18 of 22 School Year 2011-2012 School Year for Childen with Disabilities Summer 2012 Summer for Children with Disabilities 100 10 10 1 0 0 0 0 Staffing Plan 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) • Provide the rationale for the staffing pattem to ensure proposed activities are accomplished. Specify whether you would you have to recruit and hire staff for this program, or are qualified personnel for this program currently available within your agency. • 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 tumover of trained, experienced staff within the program. Include historical tumover information for your organization and current staff recruitment and retention efforts. • 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 deal with a diverse population with multiple competing needs to include, but not limited to community service, family emergencies and academic deficiencies. Staff Rationale: Miami Learning Zone is a City of Miami, Office of the Mayor Education Initiative program within 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 service Certified Teachers and enrichment programs. Education Initiatives Coordinator: Provides fiscal and programmatic management. Supervise subcontracting agencies and monitor sites. Expertise: Bachelors in Early Childhood/Elementary Education and Exceptional Education Certification. Program Director: Manages day to day program operations at school site. Responsible for successful implementation; hold quarterly meetings with Holmes Elementary School Administration and each community -based organization (CBO); Expertise: Bachelors in Elementary Education. The MLZ staff is comprised of Certified Teachers who teach at Holmes during normal operational hours. The other programmatic operations are performed by the on -site YMCA Certified Counselors and the staff provided by the subcontractors. Staff to child ratios will be maintained at 1:12 Certified Teachers, 1:15 YMCA Counselors, and 1:10 for CWD. Cultural Competency: The City of Miami staff and those of the partners have all undergone cultural sensitivity training with particular expertise in Hispanic, Haitian, and African -American populations. The program management and subcontractor staff is bi-lingual in Spanish and/or Creole. Staff Retention: In order to ensure consistency, our program strives on maintaining a strong relationship with its teachers, staff and sub -contractors. By doing so, we provide the children an environment in which they feel safe and more easily expand their capabilities to learn and interact with others. MLZ Management: MLZ is designed to be a highly coordinated and seamless provision of services to the children of Miami. The EC and PD are responsible for convening partners to engage them in planning the launch, and then manage implementation, performance monitoring, events, procurement, and evaluation. The Education Initiatives Coordinator is responsible in partnership with the City of Miami Office of the City Attorney, in expediting all contract agreements and ensuring that each site is operationally ready, the program calendar is set and partners and site staff are ready. The MLZ staff meets monthly and quarterly to discuss program outcomes, measures, retention, policy, implementation, TCT requirements, and areas of improvement. Staff training: Staff training varies depending on responsibilities and program curriculum. The MLZ staff is continuously trained throughout the year. Some of those trainings include ORF, PACER, and curriculum. mhtml:file://1\riverside\City\DS1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Childrens Trust Page 19 of 22 Disabilities Competencies Training: Annual Inclusion Training provided by Project Rise Family Support: MLZ Program Coordinator will train staff and subcontractors in the preferred protocol for serving families in need. For every request, staff will give the parent a pre -designed fact sheet on the top challenges in the local community: housing emergencies, food emergencies, travel emergencies, and domestic or neighborhood violence. This information will be explained to the caregiver verbally in the event of different literacy levels. If time allows, staff will conduct the initial phone call with the caregiver present to the potential assistive service. 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) MLZ understands that the primary expertise of the Miami Learning Zone program is high quality education service. MLZ also understands that its benefit rate and salary costs trend higher than other agencies due to labor agreements. Therefore, it seeks to subcontract for quality professional services when appropriate to ensure that children receive the best services in the most cost effective manner. This results in benefits for the children: • More funding for direct services. . Greater educational and implementation resources from the subcontracting agency due to the fact the service component is the entire focus of their organization. MLZ also recognizes that its ultimately responsible for the management, quality, and performance of its subcontractors. To ensure a good return on investment, MLZ is requiring weekly attendance and evaluation reports for review; providing this data back to the subcontractor monthly as a feedback loop; and noticing the subcontractor that payment will be withheld if benchmarks are not met within 60 days of notice. School-year/After-school Site Information Form School Street City Zip Current Public DCF Operation Schedule Fees #Children #CWD #Parents: *Other: Year Site Address Code . School License Name Status 1175 Holmes Elements Northwest Miami 33150 Yes Yes School rY 67th Street Exempt Letter MLZ: 5 days a week, 10 months, 3:00 to 6:00 PM daily Additional Programming: Saturday school programming (not funded by TCT) Additional Populations: Family involvement sessions will happen during non -instruction hours. Afee of510 will be charged tor 100 15 0 0 registration. 100 15 0 0 Summer Site Information Form Summer Site Street City Zip Current- Public DCF License Operation Fees #Children #CWO#Parents #Other Name Address Code School Status Schedule 0 0 0 0 mhtml:file://\\riverside\City\DS1\EBalsera\Documents\miamilearningzoneFlNAL.mht 6/9/2011 WebGrants - Childrens Trust Page 20 of 22 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) $86,722.19 $242,611.64 Line Item Total Total Inkind Description Personnel 139,253.00 128,753.00 Salaries for Miami Leaming Zone Personnel to operate Fringe Benefits- $1078.35 Travel (other than participants) $0.00 $6,000.00 21st Century Community Learning Center Statewide Conference X 3 people; 1 Nationwide Conference x 2 people Travel (participants) $1,250.00 $0.00 3 Field Trips x 1 bus x $175 = $525 2 Field Trips x 2 buses x $175 = $700 Meals (participants) $0.00 $0.00 Space (rent of a building) 0.00 $0.00 Inkind from Holmes Elementary Utilities (e.g. telephone, utilities) 0.00 $0.00 Inkind from Holmes Elementary Supplies - office $489.00 Supplies for students to include paper, pencils, markers, folders, and construction. Supplies -program $4,000.00 Supplies for teachers to provide Literacy and the Enrichment Curriculum consisting of Consumable Workbooks and Supplementary Reading Books. Subcontractors (List$121,517.00 each) YMCA $66, 317.00 YMCA counselor at 15 to 1 ratio. Counselors (7) ($50,778.00). One Senior Counselor ($9.50/hour x 27 hours/week -$10,003.50). Counselors will supervise all activities, attendance, organize snacks and implement SPARKS, skillstreaming and social skills curriculum. Liability coverage at ($7.00 x 120 children = $840). One Site Coordinator ($15/hour x 40 hours/wk = $23,400). Supplies for Skillstreaming, SPARKS Fitness Activities, Leaming Centers, and $7,391.00. Benefits: $9,945. Mad Science of South Florida $27,000.00 See attached Subcontractor Budget On -Target Math $14,200.00 See attached Subcontractor Budget mhtml:file://\\riverside\ City \DS 1\EBalsera\Documents\miamilearningzoneFlNAL.mht 6/9/2011 WebGrants - Childrens Trust Arts for Learning $14,000.00 See attached Subcontractor Budget • See above Other $50.00 Program Director and The Lead Teacher/Administrator will attend a Children's Trust All Day Mini - Conference to leam about different Programmatic Structures and Standards. Cash Match Attachments - 00S (0022.00) Attachment REQUIRED ATTACHMENTS Tentative activity schedule(s) (REQUIRED) Sample snack and lunch menus (REQUIRED) Budget and Staffing Plan (REQUIRED) DCF child care license (REQUIRED) Staff resumes (REQUIRED) Organizational chart(s) (REQUIRED) Form W-9 (REQUIRED) Most recent financial audit (REQUIRED) OTHER ATTACHMENTS (if applicable) Quality assurance and program fidelity (IF APPLICABLE) Evidence of past outcomes and/or successes (IF APPLICABLE) Letters of Agreement or Memoranda -of. _., Understanding (LOAsIMOUs) (IF APPLICABLE) Data source/measurement tool(s) (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) Description MLZ schedule MLZ Snacks MLZ Budget and Staffing Plan DCF exemption letter MLZ resumes MLZ Organizational Chart and Children's Trust programs in the City of Miami W-9 The City of Miami's most recent Single Audit and the link (per TCT Q&A guidance) to the larger CAFR. MLZ outcomes Memorandums of understanding MLZ Data Source Measurement Tools Cash/Inkind MLZ Memo File Name Page 21 of 22 Type MLZ- Schedule 2011-2012.pdf pdf MLZ Snack Schedule.pdf pdf City of Miami -Miami Learning Zone Budget xis 2011-2012.xls DCF Exemption Letter.pdf All -Co mbined-Resumes. pdf MLZ Organizational Chart.docx City of Miami W-9.pdf COM Audit.pdf Outcomes.pdf Letters OfAg reeme nts&MO Us.P DF Data Source measurement tools.pdf Cash-Inkind MLZ Memo.doc Letter attesting that there is no litigation against LeterBlondetMiamiLearningl.pdf the program. Conflict of Interest Letter Conflict of Interest Letter.pdf pdf pdf docx pdf pdf pdf PDF pdf doc pdf 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 this person'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, Office of Grants Administration 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 authorized to act as the representative of the Agency in connection with filing this application. Further, I understand that it is the responsibility of the agency head to obtain from its goveming 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, et. seg). l further state that to the best of my knowledge, submission of this proposal is in compliance with the state and county conflict of interest laws. mhtml:file:/A\riverside\City\DS 1 \EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 WebGrants - Children Trust Page 22 of 22 • All work contained within this proposal is the unique and original product of the agency 1 represent, and has not been plagiarized or duplicated in any way from another's work. Check box to acknowledge certification statements: Yes Acknowledgement of Required Documents for Contracting: 1 certify that if this application is recommended for funding each of the requirements listed below will be provided as noted, as a condition of receiving funding: • Staff background checks' All staff and volunteers with direct contact with children must satisfactorily pass a Level 11 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 to be 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 180 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 Yes requirements: mhtml:file://\\riverside\City\DS1\EBalsera\Documents\miamilearningzoneFINAL.mht 6/9/2011 www.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Forms Page 1 of 2 Help Previous on List Next on List . Return To List No Events . No Name History :Entity Name Search ubmit Detail by Entity Name Florida Non Profit Corporation ARTS FOR LEARNING/MIAMI, INC. Filing Information Document Number N01000004416 FEI/EIN Number 651141598 Date Filed 06/22/2001 State FL Status ACTIVE Principal Address 404 NW 26 ST MIAMI FL 33127 Changed 04/13/2011 Mailing Address 404 NW 26 ST MIAMI FL 33127 Changed 04/13/2011 Registered Agent Name & Address WOMBLE, SHEILA 404 NW 26 ST MIAMI FL 33127 US Name Changed: 01/16/2009 Address Changed: 04/13/2011 Officer/Director Detail Name & Address Title D/P HANCOCK APFEL, KAY 404NW26ST MIAMI FL 33127 Title D/S TAPLIN, CHRISTINE 404 NW 26 ST MIAMI FL 33127 Title D/T TOURAL, AMELIA 404 NW 26 ST www.sunbiz.org - Department of State MIAMI FL 33127 Title DNP ASHLEY, DIANE 404 NW 26 ST MIAMI FL 33127 Title D AGUIRRE, CARMEN M 404 NW 26 ST MIAMI FL 33127 Annual Reports Report Year Filed Date 2009 01/16/2009 2010 06/01/2010 2011 04/13/2011 Document Images 04/13/2011 — ANNUAL REPORT 06/01/2010 — ANNUAL REPORT 01/16/2009 -- ANNUAL REPORT 04/24/2008 -- ANNUAL REPORT 07/09/2007 -- ANNUAL REPORT 11/07/2006 — ANNUAL REPORT 03/03/2006 — ANNUAL REPORT 11/16/2005 -- ANNUAL REPORT 04/13/2005 — ANNUAL REPORT 01/26/2004 — ANNUAL REPORT 03/31/2003 -= ANNUAL REPORT 08/29/2002 — ANNUAL REPORT 06/22/2001 -- Domestic Non -Profit 'iewm ag a„i nP D F,form at ie*image.in PDF ,r"; 'tew=image:in,PDF,.format ew image in PDF format iew linage, In PDF format; ✓iew image in PDF format ew image inPDF format iew image;in PDF format ew:.image ;format . View image;in PDF forma /iewwimage,iri PDFforma ew4mage inAPDFF format,-: iew Image inµPDFwformat Note: This is not official record. See documents if question or conflict. Page 2 of 2 Previous on List Next on List No Events . No Name History Return To List Entity Name Search ubmit.µ I Home I Contact us I Document Searches i E-Filing Services I Forms I Help I Copyright Cr and Privacy Policies State of Florida, Department of State www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List . Return To List No Events No Name History Entity Name Search Submit;} Detail by Entity Name Foreign Non Profit Corporation STRONG WOMEN,STRONG GIRLS, INC. Filing Information Document Number F09000001545 FEI/EIN Number 202321337 Date Filed 04/14/2009 State MA Status ACTIVE Principal Address 1 MILK STREET, SUITE 300 BOSTON MA 02109 Mailing Address 1 MILK STREET, SUITE 300 BOSTON MA 02109 Registered Agent Name & Address HYDE, LINDSAY 5201 BLUE LAGOON DRIVE SUITE 836 MIAMI FL 33126 US Name Changed: 01/10/2010 Address Changed: 01/10/2010 Officer/Director Detail Name & Address Title CT HEGARTY, NANCY 23 LONGWOOD ROAD BRAINTREE MA 02184 Title VCS FLAHAVAN, KATHLEEN 25 CHURCH STREET, APT.2 BOSTON MA 02116 Title D CHARNLEY, NINA 224 MARLBOROUGH STREET #42 BOSTON MA 02116 www.sunbiz.org - Department of State Page 2 of 2 Title D NOWSKI, TRACY 2727 29TH STREET NW APT. 537 WASHINGTON DC 20008 Title P HYDE, LINDSAY 1 MILK STREET,SUITE 300 BOSTON MA 02109 Title D GIANINO-RACINE, BOB ACCESS, 31 JAMES STREET AVENUE SUITE, 520 BOSTON MA 02116 Annual Reports Report Year Filed Date 2010 01/10/2010 2011 02/25/2011 Document Images 02/25/2011 -- ANNUAL REPORT 01/10/2010 -- ANNUAL REPORT 04/14/2009 — Foreign Non -Profit ✓iewimage in PDF format iew;.image in-PDF format Iew-eirrmage in PDF formatc, Note: This is not official record. See documents if question or conflict. Previous on List Next on List . No Events No Name History Return To List Entity Name Search Submit i I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright © and Privacy Policies State of Florida, Department of State www.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Forms Page 1 of 2 Help Previous on List Next on List Return To List No Events No Name History Entity Name Search Submit j Detail by Entity Name Florida Profit Corporation MAD SCIENCE SOUTH FLORIDA, INC. Filing Information Document Number P01000101990 FEI/EIN Number 651151418 Date Filed 10/21/2001 State FL Status ACTIVE Principal Address 3782 NW 124 AVE CORAL SPRINGS FL 33065 Changed 02/24/2005 Mailing Address 3782 NW 124 AVE CORAL SPRINGS FL 33065 Changed 02/14/2007 Registered Agent Name & Address PENA, ABELJ 11812NW2ND CT CORAL SPRINGS FL 33071 Officer/Director Detail Name & Address Title VP PENA, MARIA C M.SC. 11812 NW 2ND CT CORAL SPRINGS FL 33071 Title P PENA, ABEL 11812NW2ND CT CORAL SPRINGS FL 33071 Annual. Reports Report Year Filed Date 2009 01/06/2009 2010 04/29/2010 www.sunbiz.org - Department of State 2011 04/20/2011 Document Images 04/20/2011 -- ANNUAL REPORT 04/29/2010 -- ANNUAL REPORT 01/06/2009 -- ANNUAL REPORT 03/06/2008 — ANNUAL REPORT 02/14/2007 -- ANNUAL REPORT 01/27/2006 -- ANNUAL REPORT 02/24/2005 -- ANNUAL REPORT 01/08/2004 — ANNUAL REPORT 01/20/2003 -- ANNUAL REPORT 01/24/2002 -- ANNUAL REPORT 10/21/2001 — Domestic Profit ewimage m,PDF.forma View imagegin=PPDFFformat View image inPDF forrriat Vlew ImagenPDF forrriat ,?< View: image. in;PDF,format - ew image in PDF format - ew;image In PDF format ,,; View; image•inPDF format Vlew.,image In,PDF format: - yew image inPDFsformat ew image m PDF format Note: This is not official record. See documents if question or conflict. Page 2 of 2 Previous on List Next on List No Events . No Name History Return To List Entity Name Search Submit, I Home 1 Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright© and Privacy Policies State of Florida, Department of State