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HomeMy WebLinkAboutExhibit 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 Juiv 31, 2011, subject tb 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 Contract #XXX-xxxx, Resolution #2010-xx Page 1 of 31 U1-1-7/ /5?1/4_3 "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 Childrens 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 isfully 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 Trustis 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 (301 days of its execution. All sub -contractors of Providermust 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. Prbvider 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 Iiahle under any snhrnntract. 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 rn.aterial 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 Subcontractor`s: 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-DATAI-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 Contract #XXX-xxxx, Resolution #2010-xx Page 3 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" This Contract is subject to the provisio.ns, 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 intellectualproperty 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 inthe 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 foror on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES .1. Breach • . A material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following; . a, Fails to comply with Background•Screening, as required under this Contract. . b. Fails to provide the Services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; c.- Fails to correct an imminent safety concern or take acceptable corrective action; . d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance or self insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract within a specified reasonable time; Fails. to submit or submits • incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports within a specified reasonable time; h _ Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services in this Contract; • ' " i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data within a specified reasonable time; • j. Fails to comply with child abuse and incident reporting requirements; - k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or -------------any-of-its-agencies-within-a-specified--reasonable-time; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of Its obligations, covenants, contracts and stipulations in this Contract within a specified reasonable time; Waiver of breach of any provisions of.this Contract shall not 'be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. Any such waiver by The Children's Trust shall be provided in writing to Provider. g• 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 understate or federal law. (Attachment F, if-applieab4c). Any-sueh-remedial plan -shall -be as addition -to this_Contr-a,ct-and shall not aff-ect_or_render City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 4 of 31 "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" 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, an.y 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 witha court of appropriate jurisdiction. Provider shall be responsible for reasonable direct and indirect costs associated with such enforcement against Provider, including reasonable attorney's fees,. costs, . - — --- --and-any-judgments-entered-by-a-court of -appropriate ju.r_isd.fiction.,incl.using._reasonable_d.ir..ect_an.d-indire.et._ 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 Fluff tda-murfcipal-corporation-required-under this scot-ion-er-as det-eraa4ined by The Child-ren`s T-r-ust,-except as City of Miami Page 5 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" required by Florida law for government entities. Provider must comply with this requirement; failure to comply is a.material breach of this Contract. The Children's Trust shall be named as an additional insured as their interest may appear .on all applicable policies, and all applicable policies shall be maintained in full force and effect for the term of this Contract. The Children's Trust will not disburse any funds until The Children's Trust is provided with the necessary Certificates • of Insurance or letter of self-insurance and The Children's Trust has approved such documents. Provider shall require its sub -contractors to carry insurance coverage (s) as outlined below: 1. Worker's Compensation Insurance covering all employees of the sub -contractor, or a valid State of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining Worker's Compensation insurance, the Provider must notify The Children's Trust and the City of Miami, and provide the necessary certificate of insurance or other evidence of coverage upon the.termination of the exemption, as ,applicable. The employer's liability portion will be $500,000/$500,000/$500,000 as a minimum. 2. Commercial General Liability with limits of at least $500,000 per occurrence, $1,000,000 policy aggregate with a maximum deductible of $1,000 per occurrence. The policy must include .coverage for premises and operations liability, contingent and contractual exposures, products and completed operations, personal and advertising liability and sexual abuse and molestation, if applicable. The Children's Trust and the City of Miami must be designated and shown on•the certificate of insurance as an "Additional Insured as Their Interest May Appear" with respects to this coverage. 3. Automobile liability coverage for all owned, hired, non owned and leased vehicles of Provider, and any transportation companies hired for transporting program participants. The • amount of coverage is $1,000,000 combined single limit per accident for bodily injury and property damage. The Children's Trust and City of Miami must be designated 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 Child`en's Trust; -with coverage-amounts-determined-by-The-ehiIdren'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 Trustfor 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, Sth Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust and City of in writing, of any cancellation, or material changes in insurance coverage in accordance to policy provisions. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Providerto decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy or coverage(s), as applicable, is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from Provider until a new Certificate of Insurance or other evidence of coverage(s) required under this section is submitted and approved by The Children's Trust. The new insurance policy or other. evidence of coverage(s) shall cover the time period commencing from the date of cancellation of the prior insurance policy or other evidence of prior coverage(s). The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from. time to time. under applicable federal or state laws or The Children's Trust requirements.. Provision of insurance or other evidence of coverage(s) by Provider, in no instance, shall be' deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance by Provider under this Contract or otherwise. • All insurance required hereunder • may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. L. PROOF 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 Trustfor 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 af, 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 it 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 discl.ose 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 __— __.—a.d.ditio.n_ to_ the._. a.nn.u.a.l_financ al _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 -rust 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 subcontractors) 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.fulfiil 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 recor_ds.g7_)__parti.cipant_co.ns.ent_and_i.nf_o-r-m.ati.on_r_eJ.ease_fo.rms.;.4.8)__-_._ • 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 Mlami 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 toconfidential 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 shalt 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 101.2.465 Florida Statutes, as volunteers and subcontracted_ personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be .accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the .Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an, Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, or subcontractors performing services under this contract who are required to complete a Level 2 background • screening as• defined in this section. Provider shall keep. Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and/or sub -contractors files. City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 10 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" 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-f_ollo.wing_a_convictionior 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.clov/ethics/library/Ethics-Brochure-2D05.odf and Florida Statutes §112 as amended, which are incorporated herein by reference as If fully set forth herein. Provider agrees to abide by and be governed by these conflict of: interest provisions throughout the course of this Contract and in connection with its 'obligations hereunder, .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 terns 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 retaliateagainst any employee who reports suspected cases of fraud or abuse. 5. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract• any and all applicable licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, relevant to municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to • and during the contract term with The Children's Trust. ' 6. Incident Reporting An incident is defined as any actual or alleged event- or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. . • Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1- 80D-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify The Children's Trust's contract manager of any incident as defined within three (3) business days after Provider is informed of such incident. Provider •shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days business of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such alleged. incident. 7. Sexual Harassment Provider shall complete an incident 'report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the_performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. 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 Page12of31 Contract #XXX-xxxx, Resolution #20107xx "Force 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 of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. • Provider agrees that The Children's.Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions -of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials of Provider featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites ____or-an--y-.other_.matey_ials_fDr__dissemina.ti.o.n_ to. th.e_m.edia. o.r_ .generaL.publc�_______ _—___— _ _ . _- _. .__._. __ _ _ English: City of Miami and ProgramName 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 Miaml-Dade County. Espanol: . City of Miami and Program aNan este financiado_por El Fidecomiso de los Ninos (The Children's Trust)..EI Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum Para mejorar las vides de nlnos y families en el Condado de Miami -Dade. Kreyol: City of Miami and ;Program Na ne 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 August1, 2011 through July 31, 2012" Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." • Y. .HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural andplural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Mlaml Contract #XXX-xxxx, Resolution #2010-xx Page 14 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August1, 2011 through July 31, 2012" Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services • Attachment B:.Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. • CITY OF MIAMI, a Florida municipal corporation THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA "Provider Federal ID# By: By: Carlos Migoya, City Manager Modesto E. Abety President/CEO Attest: By: Priscilla A. Thompson, City Clerk Date: Approved as to Form and Correctness: Approved as to form and legal sufficiency By: By: Julie 0, Bru, City Attorney County Attorney Date: Date: Approved as to Insurance Requirements: By: 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.): ` . . ft ' � 42 � _x �� .��' :E r C; �' , ,: Yrk, its>�r '� f �— h� p r n .° " ` �„.Partrci. ants�i;n.}� ` Totalfnumber�of-un•d•...,cate`d k1, ; Io�al n'umbe of pa tclp ntsr� � ex ected tour==..c ive„�• Tvpe 2 r p ri, ° participantls• expeE!:t tD��t� cei � r f wr �6 wP§j) E 1 mice r r x R� f , - � - d, r(Ei.ess,tli`an 3 intender•1 conZa..et) ±f,. tVie- Si vpeel sery ces hr intensive t: E E r� , �` 1(3�t., ntenclerJ contactsr).. .. r• �_ Children/Youth Parents/Primary Caregivers Other populations (e.g., staff professionals, general public) Description of participants to be served: 3. Service Locations: Site F, � �Site,Address;Iff ,sri u�,Sii :, i r' ^ tip.. - C..ma-.�. _...._. _.__..�_ _...,-t.. .,._. �. _M_.—.�-r_:'_;.-.cY.�... Sita Brie Numb�r,� .� &, ,n��.e 'A ._..... ,. ._ �z�-ru..,....m,w��•• r Name �,- 3 e t c ^� tl�3. F•_.._e_ City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 17 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August1, 2011 through July 31, 2012" 4. Performance Measures: a. Quantity - "How much will we do?" TYPE 1 ACTIVITIES (3 or more contacts with participants) t�° .. x t� �' 5. r- �. +,.t ., a l,«� i • 1 Activities/Senvice Namer&fDescr:ption 1 u ' { � (I' ._ :.. frequency; length 8c duration�of secs ons a-is��well as�the number ofdcycleswexpeeted to bea i t '.. offeredlan-date`ntative`_sehediule).n:_,._ .._x_ t..,,. Tiotal #�unduplrcated a : * tpartictpants, o be 7 � ser�ved'(spectfy if „... o choldren/youthr la' .pareri.tsyorao:t} ers-S�:. ' " �'. Expected ' �` JY 'i 3 Minimum # xof 4 °c s sessions -, . part1cipant iill ._ __:-_co'`mplete...._,.'.n- TYPE 2 ACTIVITIES (less than 3 contacts with participants) �FrY .' �' s+ { % , , � Act u:ties/Servicegame,&�eYcriptto: n (Irtc(ud frequency,�ten}gtfi & durat►o oaf sesss onnss; _ 's 'F �f r� ,,,, o -al #span icipants Ito _ja erved specify $6fi�r Total of [ 1 illg - F �sessionsto bez coffered by F if children/youth, �parents�or..at . ers) pr�ovitler across c .cles andtsites� y 3 T s ;F -� �„end=tentaiue.scF�;edule)_„s,._._..s�.P TYPE 3 ACTIVITIES (Other deliverables that are not direct services) Ri.,,,_ A ,Aetiuities?blame &;;Desereption :umber,',.._ 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 ensue 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?" *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. - wit/erUice Name i (from s:ectioh 4 ab.oue j d r� Evidence base. .,. _t 6F..._... �.—r�: riogram 3 s ._ . _, ,._ ._... ,, Resignati i, 2 >>_ . . enc, . - 3 t' *Please list the name of the agency/organization that awarded the program evidence base s acus (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 Mlami 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 reouest5 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%) percent of the total contract amount. Cost Reimbursement Method of Payment - •---- ----The-parties-agree-that-thisis-a-cost reimbursement -method -of payment contract;- Provider -shall -be-paid--in----• ------ — accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision(s). The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to 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 es 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 -shalt make -all -such -records -available -to-The Children's Trust upon request. —Provider --shall maintain a cost allocation methodology that it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. City of Miami Page 22 of 31 • Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011 2012 for new grant terns 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 2011-2012for 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 less than 3 contacts per participant (Type 2). Provider will enter into Data Tracker: Date(s) of event/activity, number of participants served by type (child, parent or other), and location(s) of event/activity (with address and zip code). PARTICIPANTS • Participants' demographics (including all the items noted below), shall be entered into The Trust's electronic web -based reporting system (Data -Tracker) within seven (7) calendar days of each participant's first day of attendance. All demographic information shall be updated on an ongoing basis if and when new information is collected (i.e., new addresS, grade level, school). Demographic information required for CHILD/YOUTH participants with 3 or more contacts (Type -1 activities): • • 'Participant's Name (last, first, middle initial) • •• Parent's Name (last, first, middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other-------------- -- -- ----...., - - --� -- ---- ----� ------ ----- ---------- - --------- -)— • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) . • • Other language(s) spoken (Spanish; Haitian Creole, Other) • • Child's Social Security # • • Child's Miami -Dade County Public Schools ID Number • Current Grade Level • Current School Name • Does child have a Health Insurance? (yes/no) • Does.child have a Disability? (yes/no) • If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment (or blind), .Other] 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 contact5(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) • Data of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) ▪ Ethnicity (Hispanic, Haitian, Other) -• English Proficiency (yes/no.) • Other language(s) spoken (Spanish, Haitian Creole, Other) Participant's Highest Grade of School Completed PERFORMANCE MEASURES Recruitment / Attendance — How much are you doing? :• Attendance. refers to the actual number of participants (with at least one day of attendance) in a program. Attendance cannot be entered for a given participant until their demographic information has been entered in Data Tracker: Contracted number of participants are expected to attend the minimum number of sessions established in Attachment A (Scope of Services). Mid -Year Review Expectation: For type 1 activities, recruitment must be 100% of contracted participants, as stated in Attachment A, for year-round programs by the time of mid -year review. Programs offering services in cohorts will be evaluated based on the number of cohorts expected to• be completed at_mid-point. Number of cohorts, including estimated start and end dates of each, must be listed under the applicable activity in Attachment A. For type 2 activities, recruitment expectations will be based on the number of events to be completed by time of review. End of the Year Review Expectation: For all activities (type 1 and 2), regardless of program schedule (year-round vs. cohorts), 100% of the contracted number of,participants to be served must b.e served by the end of the contract period. Retention / Dosage — How well are you doing? (for activities with 3 or more contacts with the same participant) • Retention (also known as "Minimum Dosage") refers to the average number of sessions that participants have completed compared to the minimum number of sessions necessary to have an impact (as established in the Scope of Services). All participants with at least one day of attendance are counted towards retention. • 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 anvone 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 bf 85%)"of"tiie--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 Miaml 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 Augustl, 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.ora/act/about act/). The Children's Trust requires that providers offering intensive services to children attend trainings, as offered, to educate them about the inclusion of children with disabilities. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of all .participating children. The All Children Together (ACT) Resource Network is a resource available to Provider for technical assistance, mentoring, training andconsultation regarding provision of services to children with disabilities. REPORTING SUBMISSION AND DATA ENTRY • Participant attendance for a given month shall be entered into Data Tracker by the fifteenth (15t}') 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 1.5th of the month following the e.nd of the quarter. . SCHEDULE OF REPORTS DEADLINES Required Report._ _ Reporting _ Frequency _ _ _ Due Date Outcomes Measurement and Results (electronic submission in Data Tracker) Monthly By 15th of each month.for the previous month Demographics, Attendance, and other quantity data (electronic submission in Data Tracker) Monthly By 15th of each month for the previous month Quarterly Program Narrative Report (Word) Quarterly For 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* City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 27 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant t ..... _............-1-_- . - u 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 beer 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 Juiy 31, 2012" Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section 0.2. Financial Audit and Program Specific Audit as follows (a sample may be found on The Children's Trust website): • Submission of: '(a) schedule of budget to actual total expenditures by budget category, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) if applicable, audit of attendance if payment is based on attendance, or payment as specified in Attachment B; (c) summary of schedule of prior audit findings, (d) disclosure of any significant finding(s), (e) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and (f) a recommendation for a corrective action plan on any finding; ▪ Report whether the schedule of expenditure(s) is fairly stated; ' • Provide notes to the schedule of total budget to actual' expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; .• Report whether Provider has internal controls in place to provide reasonable assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability of financial operations; • The auditor must include in their testing: testing of the budget versus the actual expenditure, double billing ile. 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 testing of internal control and the results of the tests; A report on compliance which includes an opinion (or complied with laws, regulations, and the provisions of have a direct and material effect on the program; and Trust contract, which shall describe the scope of disclaimer of opinion) as to whether the auditee contract(s) with The Children's Trust which could 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 Contract #XXX-xxxx, Resolution' #2010-xx Page 29 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" 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) , who being by me first duly sworn, deposes and says: Name of Contracted Provider (Signature of CEO/Executive Director/HR Director) Date I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. Sworn to and subscribed before me at Miami -Dade County, Florida this day of , 2009 by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public 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 Capacity .. Areas""''` a iVotedX _ericieneres3 `'-- P ... "``� �" t' �-� � .. , -Action Plan rA !,,. t' F Y 5 .. s r �a..4 � Due�Daf e Programmatic. Fiscal /Administrative City of Miami Contract #XXX-xxxx, Resolution #2010-xx, 'Page 31 of 31 Officers/Executive Committee Maria A. Alonso Chair Chet Zerlln Vice Chair Dr. Josee Gregoire Secretary Hon. Isaac Salver Treasurer Jacqui Colyer, Chair Program Services Dr. Rosa Martin, Chair Childhood Health and Development Dr. Gina Cortes-Suarez, Chair Human Resources Dr. Miguel BaIsera, At -Large The Board of Directors Yvette Alernan Donald I., Bierman Alberto M. Carvalho Bill Diggs Carolyn Donaldson Corn. Audrey M. Edmonson Terria Flakes Dr. Thresia B. Gambon Luis A. Gazitua Benjamin F. Gilbert, Jr. Dr. Nora Hernandez -Hendrix Antoinette JG Hill Alina T. Hudak Fedrick Ingram Rep. John Patrick Julien Dr. Martin Karp Pamela Lillard Carolyn Y. Nelson-Goedert Dr. William E. Pelham Hon. Orlando A. Prescott Dr. Isaac Prilleltensky Leah Sigillo Evelio Torres David Lawrence Jr. Founding Chair Modesto E. Abety-Gutierrez President & CEO County Attomey's Office Legal Counsel The Children'sTrust Because All Children Are Our Children July 8, 2011 Lillian Biondet City of Miami 444 SW 2nd Ave. Miami, FL 33130 RE: Funding Recommendations from NOFA #2011-01 Parenting Appeals Dear Ms. Biondet: The Children's Trust has completed its preliminary funding recommendations as a result of the NOFA 2011-01 Appeals in the Parenting category. Congratulations on your successful appeal. As a result of the appeal, your agency's application score was changed from 75.1 to 81.9 and is recommended for funding in an amount not to exceed $153,162.00. Attached please find a copy of the revised score summary sheet. Please note that the Board of Directors will consider this recommendation at its next meeting on Monday, July 11, 2011, from 4-6 p.m. at the United Way's Ryder conference room. Please join us for this meeting, as there may be questions from board members best suited for your response. If this funding recommendation is approved by the board, you will be contacted by the assigned contract manager, shortly thereafter, to negotiate your contract. Once again, congratulations on your award. Your success in this highly competitive process is to be commended, and is to the fortune of the children and families of Miami -Dade County. Please feel free to contact Bevone Ritchie, Senior Program Manager for Childhood Health & Development Programs, to discuss any questions you may have. Sincerely, C�/lam Charles M. Auslander Chief Program & Operations Officer Cc: Modesto E. Abety-Gutierrez 3150 SW 3rd Ave. (Coral Way), 8th Floor, Miami, Florida 33129 •Tel: 305-571-5700 • Fax: 305-857-9592 • www.thechildrenstrust-org Officers/Executive Committee Maria A. Alonso Chair Chet Zerlin Vice Chair Dr. Josee Gregoire Secretary Hon. Isaac Salver Treasurer Jacqui Colyer, Chair Program Services Dr. Rosa Martin, Chair Childhood Health and Development Dr. Gina Cortes-Suarez, Chair Human Resources Dr. Miguel Balsera, At -Large The Board of Directors Yvette Aleman Donald I. Bierman Alberto M. Carvalho Bill Diggs Carolyn Donaldson Com. Audrey M. Edmonson Terria Flakes Dr. Thresla B. Gambon Luis A. Gazitua Benjamin F, Gilbert, Jr. Dr. Nora Hernandez -Hendrix Antoinette JG Hill Aline T. Hudak Fedrick Ingram Rep. John Patrick Julien Dr. Martin Karp Pamela Lillard Carolyn Y. Nelson-Goedert Dr. William E. Pelham Hon. Orlando A. Prescott Dr. Isaac Prilleltensky Leah Siglllo Evelio Torres David Lawrence Jr. Founding Chair Modesto E. Abety-Gutierrez President & CEO County Attorney's Office Legal Counsel The Children'sTrust Because All Children Are Our Children July 8, 2011 Lillian Blondet City of Miami 444 SW 2nd Ave. Miami, FL 33130 RE: Funding Recommendations from NOFA #2011-01 Parenting Appeals Dear Ms. Blondet: The Children's Trust has completed its preliminary funding recommendations as a result of the NOFA 2011-01 Appeals in the Parenting category. Congratulations on your successful appeal. As a result of the appeal, your agency's application score was changed from 75.1 to 81.9 and is recommended for funding in an amount not to exceed $153,162.00. Attached please find a copy of the revised score summary sheet. Please note that the Board of Directors will consider this recommendation at its next meeting on Monday, July 11, 2011, from 4-6 p.m. at the United Way's Ryder conference room. Please join us for this meeting, as there may be questions from board members best suited for your response. If this funding recommendation is approved by the board, you will be contacted by the assigned contract manager, shortly thereafter, to negotiate your contract. Once again, congratulations on your award. Your success in this highly competitive process is to be commended, and is to the fortune of the children and families of Miami -Dade County. Please feel free to contact Bevone Ritchie, Senior Program Manager for Childhood Health & Development Programs, to discuss any questions you may have. Sincerely, Charles M. Auslander Chief Program & Operations Officer Cc: Modesto E. Abety-Gutierrez Attachment 3150 SW 3rd Ave. (Coral Way), 8th Floor, Miami, Florida 33129 • Tel: 305-571-5700 • Fax: 305-857-9592 • www.thechildrenstruscorg APPEALS WORKSHEET Applicant [try Of !AMR. Inc. ApplicaDon, 923: Families Fitt ror Parent Application Satire: 70.5 Past Performance SCOW 75.7 Final Scorer. 75.1 5/92011 6/20/2011 13195 ,..,,,,„„,...... .,..,.., . . ... .,......... ,—.........-c . i,..,:••••• :-.:,,,ii..iiiiibiiiire.:c:".-.::::,-., . - A.WINT darer 1.1C-eirrePrEauNO.,:,, i"---.......,)11...I..ryi:ii,Il,i,rpretriaterideriiiiineetiegfr ri.1,r., , .;;; .,.::.!. try.AI riyappliceteers. ,.. .r..,aFFEALS MOSNII ...RD.. Tomer Populadon Descroton Wax. Scare: 2 pts) Sawa, 1/D The mistal pap iderinaton in not consistent lot No ages el Ine chicken W. proposed program Iona wee ables 65, of a pe. Target population states Y6 yrs of ape). Appicaft Wafts Nor there afe A drooled neigNosthoods en. is lad Ney aft sargetift 6 nedobboMood. however majamy of . dewnoraphics idouretion wcwided is ler I Wooled neighborhoods. Cry Ntiterres .ft was orrassions re weing and mecedural due Neuss Nis 'edam. Oft experience has shown because deferent neigridarhoods neve ddarard populations...rarer PoPublion war vary. It was not understood Were ere I neghlsoftoods is . Cry Mere the program...fermi. Dan.. spoiler Neuss, applicant cantos Net . Wormer.) provided ier Dut NT*, Pormiston reftred ft W el tise proposed neighborhood . As ea.:Weed on an attached table loon. anginal proposal 5080 adenal .5 4405 arded. 0.5 Addroonal point award. otter . appeal. Pest P•rler mance end Cape., R•Med tc Prepased awakes (42ev. Sewer 10 pre) Scare, . 7.20 , Appiftia Newry wefts . descnplon of Ns wegram, previa. ten., tne amount funded by yew. success. che Magee, pa recipant ...me e FY Yew, ribley to manta, appropnare records . track end report ri peonnance and prepare ampules, lid endall re Muts. The attached TCT rrorderno Ripon epee. to tn. successes in el of aft ahoy*. . Tney de not Week down numbers sewed by veer, edam el services. puedy al services delivered Ostlers hem ferrite, atrachbdr. infarres.n provided ireftses Ney wil cordnue to be wise sslul, led does nor explicitly Ware Cry carbevis Nere was a...es to seeing a. procedural due process Nis section. RFP does not moues! numbers sere. rei•ech year. orry numbers Served lot Nisi h.,. Orrissian ,o score beftine Ne sward of services is tied on page a end 5 of Ne application..,attached), i Omission re scare and pre.dural due pioass on page 5 of . application. (Wady is wrdsestied. Lenora el appurcialion beim ferniias were ettawed ft N. applcadisn, Inhere. le N. Weary el . program, 55590656.•f• 514 statement if Dm paws. il 510 Iftrasidaldin ft.t. Out assumption is Ne pest successes wa expicary wan. 55a5stlacritron5. Wier amulet review el lila abcOon. an acieltional 13 nodded ro 51crease me scota to • km51510.5 our el 10 eased on . eiwircatien irern ryftecens. the attached repens end. overell summery aloft applicants peer pea gamin.. 1.3 Arldoenal pont •warded alter . wiped. Parlicipaft 50a02500ent. Engagement and Ilwenben paw. swift: ft ors) Rowe: • .. (5.80 . . , . . • . • Tin apftwent fuly oeswined recent/nem end catentieweepapement puns and fury addresses all points Wed above. Al strWegies, iscludria these sugoastad to impreye past Women., ere *ear to successfully achieve Oft creaked remits.. Hamral. the intake end •Viairty amuck., were not clearbrdefinad. . Cry beeeves Weft was Nor:N.1 aue Process ewer 11. secion. The RFP does not saw:SO.1R state ergisaly far Noprara rearnernent. The inherent assomPaon W Na Crria preglarri is any parent niroa • show up vallr a NM el •ge range 0 -5 is eldrifte. However, Ne teem hid to review the istake lorm (previsusly ...err)... depict Ne Mimeo rapid= includno .ether a chid has a disabiry tea sag.tratian ...ming. Ao addftenal1.2 is added to breig use applicant raft° 17 cut or Ia. Ow ...ant laied to menlan Ne ilia. P....”..r5.5,5 canner ...yarded I. score. Tneackloonal 'Normalise provided is tne appeal hoar was nor used to nosiest. Na score. • . 1.2 ..... Masa:mar pants mamma., cher N. appeal What WerN te Help Perempants Oo ban. inckidino Ns dasionstrog a oency (o) or orp•niteramrs)ewertled rhe program •vftence-beeed status, one.. Score: 5 pN) Score, 4.00 Tne appicera proposes a parentwo program 515.5tl nthe 1151155 of approved ',tool., models. Tha apple:ant does nor provide any eaphnslion Cry behaves !here was omissions re aeon, and procedumr due ...as Ibis wearer. became or ...wry of (ryipmenets se address the needs of the groat noghbornooda. graven) of Ne application (see allaChe0). Re addeonal paisi ewar.d. Applicant NO not provide • clear e. rundee es Nanalms W FAWN, WRY t• auniFrAlmRDI sWeded. Addlernal point aeorded aner . appear. Page 1 of a Date of Appeal Reque Date faf Appeal Meeting: Post -Appeal Score: 400001 • 5153.152.00 v.- ii.....85. -.1..1 cOhlatEttl, .. 'i i.. .i 1';.•WHAT 85 APP1.1.1a APPEAllart'iii •.','-.iiiff•'...,1m .--1n111.18 er.."8^8P-- ... • ' ' • •:'85. 18 applicant... . APPEALs PEGISION 3.8111108 Onpo rip Gusty wasurancs end Prop.. F04e357Oa...1g Posiannan. Miasmas: How... measure p.o.e, services am benp if elereded welt? Nev. Spare: 5 0501 Scent: 320 General descriptOn provided, Wino. of specificity. Seems that applant nil Inenve the programs models fidelity Oen. Nel •neupli Mennation on source and Mengel Me.. andimeasines that von . use, Inadeication of connincrn and approval of this should lee Int ...axed Min developer. Cry ...eves Imm nes onissens te soon. and proud.. due ptocass this setnvon.S.cificty en the souice (TM In... V.. poi.. ea. and te. aces natl.4 ef Ms apploration on papa 5 (eigh(. Webs. link nclodad clepnlo model end Oa components. mob *Jibe u.0 end +mum thloophe. tine cow. el Me program es noted in sample schedule attached in application lsee ...me n1). W. . net ant... reedit...as. Should changes sine. CO.,. contact TM Children, Trust and cm.....rrn *vela,. Gay has bean in constant contect.M1 developer. fippleation checklists end., eMer dec....nen went prevail. In Andaionel ponfiewaided elfin the appeal, inanierrentabon Ternaine (1... Ssoiel 7 ph) Sone: 120 Recruitment section stated Um antelsnonl 55010 Pe year-round Pesed on the anti:Mated 20755 Matron tato. honovet Pm Me nas eacniimenl ande. on Inn/20M Tine Me gees net reflect be., a. e. date el proprern based en .fionsinealionslotas. anneoph il is staled M.P. movrain WI Imp. en BrE2 II is not dear e ef 120 participants .1 Oen. on PM dale. Gory believes Mere was OrraSSeln to sooMp arvil procedural One piecess in this section. As slat., nicniernent is amps., As Incliuted in IM allached, Use mane occurs 3 I.e. time per year al deter.. sites .M1if I. Parpoled nefidlnedme.....ed .. participants may allend Me ...in at any erne ellier Gig as ...heat M. year. PsI50inenla 5.17. en the cloy el the program at uch spectic center (see attar.... sal. sarm conuriu as Pelote. t ts not .ar il .11 panir-Os. MI be rearmed ley km sten date. Anne.. did .. provide a cleat explanation ern. 1•11111trAn, Prn.Oa • The ad... incarnation piovided on the appeal finer .Pnot . used to award ...nal points since 11.3 Mt parl of Ine onagal appi.tion. An add.na: .5 to brinv P. appicant lo 1.5 fusing Mon -nab. from Me ftleiry ...lot •nri me •clivites description) 03 Addsional pont awarnedalur O. appal) • Page 2 of 4 .. .REM - ... .: ...TEAM bOOPE .. .. : TPA CA ENi ... ...., ,':.WHAT .. 11GMAPPE.1ll-m U57 TEAM LEADER COMM R01N0 APPEAL EM In llaNT PE NI PO511100010 TO ': TTEN III aPP...l.: .li:APP Es DEcesiorl OENfUPRON Propran Pcrugies.Oua9ey Pe1emenca y h.7IM•.. Sure: 10 Os)Scow 6.70 Al • lb. a. s. Most pants reduced u be discussed ors included lot al activities. The able was a usurp P. atu0Ned schedule made evverynelp darer. Nerve. verybu slaty ono was included on hob ebb. The appkunl de not cleats descme be chINen adressoc. M h uncia•r a the ...WI b• conducted w1M bode hoe parent/cares/ice, and tee hid or t red a•parase•c..as occur ently. In eddiion. Me sup... 1 MMr ek propnam(GYBOR EE) was ed u lee clownrn or wry *Mgt pan elM epplr?Mn. SIat,Mint,, incredible Years Cuni...self atuay, assessment lee eempnphe owl. should net be Asbd as prop.. s.ties. Spec •aemro.Mns lot009 en w<n daabMes was not Maud. Stall 09vanm9 end.mehotl men. not • program aavby. The applent de not provide is tear. concise end amid deevplon of sr primp: o stleauu aboard providedon mist'. Cry behoves Ness eyes onus.. so Surf grabens d pan el M EBP models lea IKrldnle Years curnPuM0 Staffs horn No senlu providers repute nie5 lot Me delerenl robs oil. EBP meal Par Me EBP model 0.re are nomaen aChnes is idnWm. TM locus ter gee lead of 1. program le t. parsnip. As staled One EBP meal, ern... b • supplemental Noenava ad.. for perm. woo ...no 2 e13.../ weekly. Soil tranng, Moeda. Years Self Study, and Household Assessments ere pen of The ESP model. Required urn... staled'. Its arreuam to we propnm feebly. OWE a.ornrrodalens •cif lea pro.ed att. Sandra Dens ray uahas stead earlier.. MOMS. w of Ma isba.ee schedule.... f web dean ne) clarifies el. co of t reviewers. hie am... was gets of We ar9... P.I.A..e TM ebb was very cont.., and herd a below...viw. Md te movanate IM attachments to elan Wu segue. nl ormolon. Addenn•11] awarded binding Me cede le 9 est 10, - 2.3 Adds/one! pools ar.e•d Muir Me appeal. How oil you know ianyom a 0eb•r on as slot your ...gram? (Mi. 5core:1 p5)5ure: 110 .. Apple. srusad 21 leastMnee ert. 1.e5use0 . Unsure e.M MMop of er oull.rnes. Could not determine are • kefwme.n Isom cur0nuknm Anoka. prodder one eddkon•1 o.cam. The Mee re5nad outcomes are 1nw*en w.hmeny bend+merki. 1 am unlswd anent Me driven...A. Me npedele Yea. hem.= and P. Family First irswc5ob; I naught Fanbyy Fist was Ma program and Insulitais Years was the.rraksm • notere• ode some ®Ntlyah ore • rid *nobler yr. Fan*. Fest. Dales bong taken weakly .b nil m Me most, eMh.e way to measure es... Cry...eyes Were wa s Pmitson see scamp and proceduraldu muss del less sehnn. In fd3Ny lo Me EBP model. he lining of mammas are dam occurs en • weakly Men. The required p.cornesThenchnehs ars rebuked by ESP moat AS stead in. NOFA peel Phatas prate Med es specked. Families First era u.nuog Popram Mal is•dEnp ere now cuMsulum. TM Irc.dno Yeas, aeerwte Mal Mappkonl Mdeprecise plan in o detemn•a wncgaus oilbe bear PE a segue of the program. Na additional pants Defoe MeanngN M1.vemnl (Mai. Sure:5 pt.) Score: 210 '' - TM appkanlPovnesa general espana.n of haw May wil knew CMek perbbpanb we bah. 05 unrpaed le serene buy w.Wd Awe en v.Mur p•rl.psap n Its popram. AO.. Ale. does nil dash. irwnudu or .,till degee of carpi n each nee. s,naunl .coda le be ensider•d • success let p155005 a. Ca7Mkeoeslnere wase0asbn to Sceirisn this section. b you uah. - P•us. • new..., runner./her •aevy b o d•.rh Irbfner acid esdlus ....cm bri.pniive and carol gMh: that in Mere • success. Apple....es Ins10rsea al cranes suggested.s M1ed on .cun5unm M e.t.a/Ili 2.3 h...ad to inane Me scene le 1.5, 2.3 Addaonel panes awarded•gar 1. appeal. swine— Narse.a,1Wbe9 suisconbacling Raton. PAay. S0re:2 Same 5cu 150 Organs:m.11a, Chan tees not show suprvbary rs..mM. es ...din Me 51el(n0 Plan. Adrhlatn0ve Assistant, Genaores vbdr Deable.e h nal 'need in the ,roan atibn than This aeabn . laSi.p ode p.a. au.. Ley .kiss 3Mre was omsson so mg thb section...me see rsesponse•.va is Starr, Tau. (a14). An..onal 1.00 awe...aced one lad Mal stall asopbon was p.ve...ensM. ad under ether ens leupul Me epp5ulnn. The hen prier the •Salfup.Namlvi s•dion va1 not de el. Il does not show.. she.der suboanbaeors lost. dreg.. Supervisory role was nil wee dawned. 1.0 Addoonal pool awarded a.1.t. appeal Page 3 of 4 .. .. .... 'mEsi' ...•. _� TAN SLOPE- IEwN CLxx Ort3 '/MKT APPLICANT APPEAL.. - ".': ,pnpand.n r«...el ."'.:: - .�.: :'Mx ryaedkadel+' :'wPPFl.L50EasgH OSSCAIPTON 6ub0eb line earns /Mac S0e:s OM Score: - 3.70 . , Cool t« 6143Cansuer0 and 000.10 nsunnp ante/rob high based onaarvlces bang rendered. Coat or Insurance a an lM.ea I.*orb..is mist must be bobbed in Me overall 10%ol Ind budgetrroln each eau 0l5.!,toes budget. Ovenl cost el 50o9ln«an are net Waken down explcml. Mieepe ate a no. o.t ALG0ummnt tee a an a0n.ncva 40 cost Meld, mount Man. Cie b not included. only 6e it and *mount lorm MSCarecemer we s cost ler..as ceMMe n(o,. MOO*. Oven meant albwaWe it Me NOFA budget bon**,01149 Many bubgebd expenses requested appear to be .«(.seeable (leo ow or high) re ool standards. Trust guidelines. seeder Me program proposed. The Match**. is nor Mac.... Coy beleves Mere was emission in . scoring Ere semen. As par ESP medoL Mgh . nlenane r.quimg hone of adeeaNe moo sesiem'vwoNbo Iwo Seam leaden. Actordn0 to Ley Code and FL Sawa, each suMumn05r must provide Moir rmw. Cry enol teased 0eme0ed leoM wbcondacter insurance. The Trust requires al subcomardon provide Meir ova! insure.. Ley match was prodded and stated n budget wohehex for Me tine and space (sae ansblmen6. Mamba rate ova s teken horn The In. Ma bale (see auaclmrd). Fddmnal pens was awarded becauseMMmu budget a compote and kxLbed leale bea e el of eontoper e NOFA regtoemene and poet was already deducted on the Ma lfng sections for the suMnndsclon. Most M las pent fare ded.wd bemuse Mere . oo. belnved some of Me core are unnecessary and umeaserrebb to irrpMmnl Ind proposed pogn .e. Me Mc0 cons.ng km). 3-33addeanat proms awarded a her Ins appall. fiscal Sdurnrsaas (Max. Score: ,a Mal Scare: 13.00 Lunerb laWusdo hqn in Wotan to tent eaeandeues. Please see seemed agreement and hgdgmedprovcons. No drmg.m Me score oared on Me Norma inn prevnedlnol pan or be apptavons). Noere Inn *haw. Memo rebid to M'b made , Fdbuenal penis were awarod alter Me emus/ ad.. re rmob0S.et Recommended a fund al current level OMer Issas NIA NIA 13.i Page 4 of 4