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HomeMy WebLinkAboutCity & Trust - For New Grant Term 01/26/12"Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" FY 2010-2011 CONTRACT NO. ###-### BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI FOR [OOS, PP, SPP, etc. THIS CONTRACT (hereinafter "Contract") , between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and City of Miami, a Florida municipal corporation hereafter "Provider" whose address is City Hall 3500 Pan American Drive, Miami, Florida 33133 states the conditions and covenants for the rendering of services to children and families for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1. 2010 through July 31. 2011, subject to funding availability and Provider's performance. B. TERMS OF RENEWAL,if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The. Children's Trust and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively by Provider for services in and for the benefit of Miami -Dade County residents. D. TOTAL FUNDING • Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $ . The Parties agree that should available funding to The Children's Trust be reduced,., the amount payable under this Contract will be reduced at the „sole "option 'of' The ' Children's Trust wrth a proportionate reduction in. the Services. Provider agrees :to adhere to' Other -Fiscal Requlrerrients, Budget and -_. Method of Payment outlined in Attachment B to this Contract. City of Miami Page 1 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used by Provider as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by and currently available from local and state funding sources for the same purpose. A violation of this section by Provider shall be considered a material breach of this Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 69I-73.001, and is defined as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in this Contract (see Section K. Insurance). Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within five (5) business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust of the capital equipment. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract, within thirty (30.) days of its execution. All sub -contractors of Provider must agree to be monitored by Provider and/or on behalf of The Children's Trust in the same manner as Provider under the terms of this Contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. .Provider shall be responsiblefor all Services performed, and all expenses lncurred under this Contract, Including,_ services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable . to any subcontractor -for --any -expenses or liabilities incurred under any subcontract, and Provider shall be solely liable under any subcontract. Subject to the limitations and sovereign immunity provisions of Florida Statutes City of Miami Page 2 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning' November 1, 2011 through July 31, 2012" Section 768.28, Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or actions related to any subcontract. The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to In writing by The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any Subcontractor must be currently qualified to do business in the State of Florida at the time that a subcontractor agreement is entered into and Services are rendered. 5. Religious Purposes Providers and/or their faith -based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract, F. INDEMNIFICATION BY PROVIDER Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf 'of. The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to -The Children's Trust, provided that such use does not compromise the validity ofsuch.,copyright,;trademarkor-.patent ,,, H: 'OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY City of Miami Page 3 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' Intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, Including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract If Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance or self insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract within a specified reasonable time; g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports within a specified reasonable time; h. Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services in this Contract; i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data within a specified reasonable time; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies within a specified reasonable time; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Falls to fulfill in a timely and proper mariner any and all of its obligations, covenants, contracts and stipulations in this Contract within a specified reasonable time; Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver :of any other breach and shall not be construed to be a modification of the terms of this Contract. Any such waiver by The Children's Trust shall be provided in writing to Provider. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from: The Children's Trust identifying the breach, The Children's Trust may pursue any:or all of;the following remedies: a. The Children's Trust may, -at its sole discretion, enter into. a written performance improvement planwith Provider to cure any breach of this Contract -as may be permissible understate or federallaw: (Attachment: F, if applicable). Any such remedial plan shall be an addition to this Contract and shall not affect or render City. of Miami Page 4 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" void or voidable any other provision contained In this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five (5) business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Contract, but Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by Provider as condition(s) precedent to resumption of any payments and shall specify a reasonable date for Provider's compliance. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension; which must be at least five (5) • business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for reasonable direct and indirect costs of The Children's Trust associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5)business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which much be at least five (5) business days before the effective date of termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for reasonable direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract against Provider including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for reasonable direct and indirect costs associated with such enforcement against Provider, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including reasonable direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Provider shall have Provider's insurance agent(s) provide to The Children's Trust within 30 days of contract execution, Certificates of Insurance or, if applicable, a letter of self-insurance indicating coverage applicable' to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 5 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 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 Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the policy aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust and the City of Miami should be listed as certificate holder, but are not required to be named as an Additional Insured. Professional Liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. 7. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust, or the City of Miami, and said capital equipment is under the care custody and control of Provider. The Children's Trust and City of Miami must be shown on the evidence of property coverage as a Loss Payee, as applicable. Property coverage shall survive the expiration or termination. of this Contract until such. time. the: ownership of the capital equipment is transferred to Provider orsuch-capitalequiptent is=returned -to The Children's Trust. Certificate Holder City of Miami Page 6 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Certificate holder must read: The Children's Trust 3150.SW 3rd Avenue, 8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust and City of in writing, of any cancellation, or material changes in insurance coverage in accordance to policy provisions. Provider shall be responsible for ensuring that all applicable insurances are maintained -and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy or coverage(s), as applicable, is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from Provider until a new Certificate of Insurance or other evidence of 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 ttie:.attention Hof: 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 Noticesunder. this Contract; mailing address, and/or telephone number. City of Miami Page 7 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" N. AUTONOMY The Parties agree that this'Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Contract, consistent with Florida laws. 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by Provider for not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. However, If any audit, claim, litigation, negotiation or other action involving Provider under this Contractor modification hereto has commenced before the expiration of the retention period, the records regarding Provider shall be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular retention period, whichever is later. 2. Financial audit and program specific audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit, performed by an independent certified audit firm that is registered to do business with the Florida State Department of Business Regulation, of all its corporate activities and any accompanying management letter(s) or report(s) on other matters related to internal control, for each year during which this Contract remains in force and until all funds expended from this Contract have been audited. If no management letter or report or other matters related. to Provider's internal control is prepared by the independent audit firm, Provider must confirm in writing to The Children's Trust that no such report was submitted to Provider. This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of States, Local Government and Non -Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan. In the event that the independent auditor does not disclose audit findings, Provider shall submit written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. Within 180 days of the close of its fiscal year, a Provider who is contracted for a combined total of $300,000 or more from The Children's Trust from this or any other The Children's Trust contract(s), related to the fiscal year under audit, Provider agrees to have a program -specific audit relating to The Children's Trust contract(s), in addition to the annual financial audit. This program -specific audit is to encompass an audit of The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements. A provider that does not meet the program -specific audit threshold requirement will be exempt from the program -specific audit requirement in the fiscal year that the audit threshold is not met. Audit extensions may be granted in writing by The Children's Trust after proper approval has been obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by Provider. A copy of the engagement letter, along with the audit completion date and any concerns from the auditing firm in relation to the audit, must accompany the request. Approved extension requests allow for the continuation of payment until such time that the extension expires. , .,The.financial.audit and other financialinformationwill be used in. the evaluation of Provider's,performance and Provider's overall fiscal health. City of Miami Page 8 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" 3. Access to records Provider shall provide access to all records including subcontractor(s) which relate to this Contract at its place of business during regular business Hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust to insure compliance with applicable accounting, financial, and programmatic standards. This would include access by The Children's Trust or its designee, to Provider's independent auditor's working papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing at The Children's Trust's expense. 4. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the subject of this Contract, including any subcontracts under this Contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in The Children's Trust's sole discretion tofulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. 5. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child/family served. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five (5) calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this Contract; all upon request by The Children's Trust. Provider shall retain all records for not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. 7. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect. confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential 'information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be_ disclosed to such Party's attorneys), or to any employee of such -Party who': does not - have a -need to know such- information, which need is related to performance of a responsibility hereunder. However, this Contract imposes City of Miami Page 9 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" no obligation upon the Parties with respect to confidential Information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully -received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law.. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require all sub -contractors to comply with this paragraph. 8. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Contract. This includes, but is not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. 9. Withholding of payment At the sole discretion of The Children's Trust, payment may be withheld from Provider for non-compliance by Provider of Provider's compliance with contractual terms. The Children's Trust will provide payment upon satisfactory compliance by Provider of the contractual terms for which Provider is responsible as solely determined by The Children's Trust. The Children's Trust, in its sole discretion, may determine to withhold payments to Provider for any particular subcontractor for such subcontractor's non-compliance with contractual terms. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Pursuant to City Commission Resolution No. adopted 2010, the City Manager is Provider's authorized representative for approving and executing alterations, variations, modifications, extensions or waivers of the provisions of this Contract including but not limited to amount payable and effective term. Q. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings each for contract term. The :Affidavit ,will cover employees, volunteers, or subcontractors performing services under this contract who are _required to complete a =Level 2 background - screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" In Provider's personnel, volunteers, and/or sub -contractors files. City of Miami Page 10 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant .term beginning November 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 I. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientations, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Iwo 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.miamidadegov/ethics/library/Ethics-Brochure-2005.pdf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide : - by.' and .be :governed by these .conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. City of Miami Page 11 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following provisions of the Sarbanes-Oxley Act of 2002: • Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. • Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all applicable licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, relevant to municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to and during the contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1- 800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and Its employees. Provider shall notify The Children's Trust's contract manager of any incident as defined within three (3) business days after Provider Is Informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days business of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such alleged incident. 7. Sexual Harassment Provider" shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract .and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such an alleged incident. 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its and their respective policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 12 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 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 programsite, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this Contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described In Attachment C. Provider -must participate and- provide agency (agency profile) and site(s) information to Switchboard of Miami 2- 1-1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are Informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to include in all of its subcontracts provisions similar to the following provisions of this Section X for compliance by subcontractors. Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed by Provider in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials of Provider featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public_ English: City of Miami and Program Name is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami and Program Name esta financiadoapor El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Nifios es una fuente de financiacion, establecida por referendum para mejorar las vidas de nir?os y familias en el Condado de Miami -Dade. Kreyol: City of Miami and Program Name finanse_pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman . . amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. City of Miami Page13of31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can -be altered -to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Miami Page 14 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract Is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF MIAMI, a Florida municipal corporation THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA Provider Federal ID# By: By: Carlos Migoya, City Manager Modesto E. Abety President/CEO Attest: By: Priscilla A. Thompson, City Clerk Date: Approved as to Form and Correctness: Approved as to form and legal sufficiency By: By: Julie 0. Bru, City Attorney County Attorney Date: Date: Approved as to Insurance Requirements: By: Gary Reshefsky, Interim Acting Director of Risk Management Date: This contract is not valid until signed by both parties City of Miami Page 15 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 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 November 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.): " "� " ` = G •a h *� u4 ..� ",: ¢ a,. t • " Participants �.0 � �� Tbtal number ofrundu l caT'ed' ' .3R `- iwoa.rs" :4 rte, .@:yaf'"o rvi.t".fiilry participants expectedatoxrVeceive 4PMr �h?•���-.'�, Jr`� S"YA�Y"Y3x � intensive#T•vae'3ervices� ,��w`'�Se�� Total nnrntie'r of partfeipants`°� f A4rfi. i`. §'rj�.rP `w ttA :lyre— ,i,:i.,..sai, 's pest -. recelv'''' ' 2 s�'N�+Wxi,� '` v%N� �''? _ 3 • (less tt anh3 ntendedmcontact) ,. �_, rt (3+ iintendedicontacts)f , Children/Youth Parents/Primary Caregivers Other populations (e.g., staff professionals, general public) Description of participants to be served: 3. Service Locations: f ��=C�. '.f S iteNamei ���n� h 'F4P 'N5' i`$ yi^ iy �t f �uctLu.A�d�'-� 1r-t aE .1Y.?w�+++k yJ H"k"E"Ee "¢j:5 �' J. h4fit Site Address �4�e •�s���•.'� /ul.i3�2�S*'+.+.�. "`4i?,i � "h '"d '`.!'1'TSr�+�i1i�.'4*'°^�d k &C , bite Phone Number FL"Cv� +.Y i•Tt G. 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 November 1, 2011 through July 31, 2012" 4. Performance Measures: a. Quantity - "How much will we do?" TYPE 1 ACTIVITIES (3 or more contacts with participants) r�,t�`^ Activites/ServiceiName &IDescri bon h&duaooso ucente—p desvex ectedtobe • ffoffered andstentativelschedule) , fix: . •d �4i .P' oInfeen0ifi,e eIsf,all'a,4Kg .wsthenuberof participant wills r completel- y t 0,,partlapantswtolbe ,scItY ;f?rdg(s�c�fy hildren/youth parents=oryoti-ers}, TYPE 2 ACTIVITIES (less than 3 contacts with participants) t. ,�Y-?" s Day, rc � 4 '�x�r.x... ,}�t.. Activities , er,vice •Name,&-Descripon g;..4. < tiktr.N P,' Wit'arv.'k1 ,,;4fl-Fga,.f o-,..s r IncludefrequeMclength&:durat►on ossons� Y+wbrf ixJ` `.' *4ika"si4 _v ,= k'e and,tentotvegscheduies d x : fTotal#-participants d�` s,� to bersevt(p411 fd r� rchilden/youth parentsyor others) al4ao#eHo ergi, , sessonsobe --fugu y •r offeredFb 1r, -r .i 1 z,,4u45y`,qftZA, tr. rovide�across. Facycles:and skoµ,4 Fites ). TYPE 3 ACTIVITIES (Other deliverables that are not direct services) x�Activitiies�Name�&Description �, vCountj�Nuintier �£ b. Quality -"How well will we do it?" In this section Provider must describe how quality of the program would be assessed. Some examples include: 1) procedures or measures to ensure fidelity to the curriculum and quality assurance; and 2) assessment of participants' satisfaction. City of Miami Page 18 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" c. Outcomes - Measuring "Is anyone better off?" s �i�p ataSource% . ....,ut^yn t-,t-� A T.o,Qi(s)y- �k Tttng {ermn,�iiosbe. , 4apc-tpd)k l" • sci, aue�t ' 9 "nimro ACtiVitt Y 'v1i`si1T.HiFYt� —outcomet�i ,thy ge_ ��� �� �iF'n .qQ4 #aadgitartit 1 = itfCV504ekilig}.."1`r *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. i" ,,_,..3: ?M413., ,0 Actiu�tJrService,Name N,,,MA "(from section 4 above} �svPF.. 5 ` YX W.4 'wY waeti*.s'd x8f52rtw f,.. Ali' Evidence basedtprogram: r° fi¢ +r;' '...�� ^Sry-p" ''11 tlf ,� ryDestgnatin Agency . ,<,ei Y,� .. -,-,^ *Please list the name of the agency/organization that awarded the program evidence -based status (e.g. Department of Juvenile Justice, Substance Abuse and Mental Health Services Administration, etc). 6. Staff Qualifications: Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Servicesset 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 Contract #XXX-xxxx, Resolution #2010-xx Page 19 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" ATTACHMENT B: Other Fiscal Requirements, Budget and Method of Payment City of Miami • Page 20 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall be limited to governmental entities and not -for -profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children's Trust's Contract Manager and Chief Financial Officer or their designee(s). Advanced funds if not used shall be invested by Provider in an insured interest bearing account, in accordance with subsection 216.181 (16). (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance payment Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by Provider in order for an extension request to be considered by The Children's Trust. Budget revisions Budget revision(s) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form, as determined by The Children's Trust. Provider must request a budget revision to add, delete, and/or modify any line item(s). Budget revisions cannot be used to modify the total contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget revisions may be approved during the contract term. Budget revision requests must be submitted sixty (60) days prior to the expiration of Contract. Budget revisions will be incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract amount. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and .in accordance with the approved budget or approved budget revision(s). The request for payment is due on or before the fifteenth (15th) day of the month following ,the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust -agrees to reimburse Provider -on a monthly billing basis. Ever y .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 ofProvider 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 November 1, 2011 through July 31, 2012" Request for Payment includes a request for reimbursement In relation to a payment made to a subcontractor. These forms may be downloaded from The Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this Contract. The Children's Trust reserves the right to request any supporting documentation. A final request for payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment. The Children's Trust shall have the sole discretion In determining If Provider is entitled to such funds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding. In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the Contract, The Children's Trust may amend the Contract to reduce the amount of dollars. Any delay in amendment by The Children's Trust Is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for under -serving participants in accordance with the Contract. In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements set forth in this Contract and must be submitted on the forms as prescribed by The Children's Trust. Requests for payment and/or documentation returned to Provider for corrections may be cause for delay in receipt of payment. Late submission may result In delay in receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required documentation. The Children's Trust shall retain any payments due until all required reports or deliverables are submitted and accepted by The Children's Trust. Supporting Documentation Requirements Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. City of Miami Page 22 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" ATTACHMENT C: Programmatic Data and Reporting Requirements City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 23 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 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 Contract #XXX-xxxx, Resolution #2010-xx Page 24 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" • Documentation of Disability (Individualized Family Service Plan; Individualized Education Plan; Section 504 Plan; diagnosis from.a medical doctor, state certified, registered, or licensed professional; and/or disclosure by a parent/guardian); if child is noted as having a documented disability, a hard copy of the selected documentation must be kept within the participant's file for monitoring purposes. • Is participant (information to be reported in the Quarterly Narrative Report): o A child of a migrant farm worker (i.e., parent/caregiver crossed county or state lines in search of temporary or seasonal farm work within the past 36 months) o Involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) o Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs) Children with Disabilities - The Children's Trust expects all programs to serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the American Disabilities Act. Demographics required for PARENT/CAREGIVER and OTHER (e.g., community members, staff) participants with 3 or more contacts (Type 1 activities): • Number of children in their care (for Parents/Caregivers only) • Participant's Name (last, first, middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Participant's Highest Grade of School Completed PERFORMANCE MEASURES Recruitment / Attendance — How much are vou doing? • Attendance refers to the actual number of participants (with at least one day of attendance) in a program. Attendance cannot be entered for a given participant until their demographic information has been entered in Data Tracker. Contracted number of participants are expected to attend the minimum number of sessions established in Attachment A (Scope of Services). • Mid -Year Review Expectation: For type 1 activities, recruitment must be 100% of contracted participants, as stated in Attachment A, for year-round programs by the time of mid -year review. Programs offering services in cohorts will be evaluated based on the number of cohorts expected to be completed at mid -point. Number of cohorts, including estimated start and end dates of each, must be listed under the applicable activity in Attachment A. For type 2 activities, recruitment expectations will be based on the number of events to be completed by time of review. • End of the Year Review Expectation: For all activities (type 1 and 2), regardless of program schedule (year-round vs. cohorts), 100% of the contracted number of participants to be served must be served by the end of the contract period. Retention / Dosage — How well are vou doing? (for activities with 3 or more contacts with the same participant) -Retention (also known as "Minimum Dosage") refers to the average number of -sessions that :participants .have completed compared to the minimum number of sessions necessary to have an - impact (as established in the Scope of Services). All participants with at least one day of attendance • are counted towards retention. City of Miami Contract #XXX-xxxx, Resolution #2010-xx Page 25 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 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 — Flow much are you doing? • Utilization refers to the number of participant -days. "Actual" utilization calculates the sum of the total number of days attended by all participants (with at least 1 day of attendance). "Proposed" utilization Is based on the total number of proposed participants to be served by the total number of proposed sessions. The actual utilization during the selected time frame is then divided by the proposed utilization to calculate the Overall Utilization. • Mid -Year Review Expectations: 50% of the overall utilization across activities is expected. Type 1 activities are also weighted heavier than type 2 activities due to intensity of services (70/30 split). No points are awarded if the percent achieved is less than 30% of the target. • End of the Year Review Expectations: The Children's Trust requires a 100% overall utilization achieved by the end of the contract year to be in compliance. No points are awarded if the percent achieved is less than 60% of the target. Outcomes — Is anyone better off? Successful performance measures achievement facilitates changes in program practices and participants' benefits. The Children's Trust expects all participants with at least one day of attendance to be pre- tested; those completing the required minimum dosage should also be post -tested. Matched Sets Compliance • Matched sets refer to those participants with at least 2 assessments, it could be a pre and post test, or any assessments administered at 2 separate time periods. • Mid -Year Review Expectations: For year-round programs, the number of participants receiving pre-tests must be equal to or within an acceptable range (target of 85%) of the number of participants enrolled during the review period as per Data Tracker (activities under review will be those associated with specific performance measures as per Attachment A). Programs utilizing cohorts should have match sets (both a pre and a post-test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. • End of the Year Review Expectations: All programs should have match sets (both a pre and a post-test for a given participant) for at least 85% of those participants meeting the minimum dosage at mid -year. Outcomes Achievement • Providers are expected to meet the performance measures asatated..In.Attachment A (Scope of . Services).=. Data for all participants with match sets willcontribute towards performance goals.,.,. City of Miami - Contract #XXX-xxxx, Resolution #2010-xx Page 26 of 31 "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" • Mid and End of the Year Expectations: The Children's Trust expects at least 95% achievement. That is, provider should be no less than 5% below the performance measure target percentage. No points are awarded if the percent achieved is less than 60% of the target. QUARTERLY PROGRAM NARRATIVE REPORT • The Program Narrative Report captures a brief report of the program's successes, challenges, and support needed on a quarterly basis (four reports total over the contract period). A standard Word document format will be provided and is available for download on The Children's Trust website. TRAINING AND QUALITY IMPROVEMENT • The Children's Trust offers a variety of trainings on important topics to improve service delivery and contract compliance, enhance administrative capacity; and support program and employee development. Provider is required to ensure attendance by appropriate agency and/or program staff at the following trainings annually: New and Renewal Contract Development and Contract Management trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the year. • All Children Together (ACT) Resource Network (http://ccdh.ora/act/about act/). The Children's Trust requires that providers offering intensive services to children attend trainings, as offered, to educate them about the inclusion of children with disabilities. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of all participating children. The All Children Together (ACT) Resource Network is a resource available to Provider for technical assistance, mentoring, training and consultation regarding provision of services to children with disabilities. REPORTING SUBMISSION AND DATA ENTRY • Participant attendance for a given month shall be entered into Data Tracker by the fifteenth (15th) of the following month, exclusive of legal holidays or weekends. • All Outcomes Reports shall be submitted to The Children's Trust monthly by the 15th of each month forthe previous month. • Narrative reports shall be submitted quarterly to The Children's Trust by the 15th of the month following the end of the quarter. SCHEDULE OF REPORTS DEADLINES Required Report Reporting Frequency Due Date Outcomes Measurement and Results (electronic submission in Data Tracker) Monthly By 15th of each month for the previous month 1 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) i Quarterly For August, September and October - DUE NOVEMBER 15, 2010 - For November, December and January i 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 term beginning November 1, 2011 through July 31, 2012" SCHEDULE OF REPORTS DEADLINES For May, June and July - DUE AUGUST 15, 2011 1 *If the due date falls on a weekend/holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI Provider shall create and/or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information for the duration of this Contract term to facilitate referrals. Evidence that the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. •City of Miami Page 28 of 31 • Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated! by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section 0.2. Financial Audit 'and "Program'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 8; (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 contrail number involved, and (f) a recommendation for a corrective action plan on any finding; • Report whether the schedule of expenditure(s) is fairly stated; • Provide notes to the schedule of total budget to actual expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether Provider has internal controls in place to provide reasonable assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability of financial operations; • The auditor must Include in their testing: testing of the budget versus the actual expenditure, double billing i.e. billing under The Children's Trust contract the same expenditure that Is billed under another contract and/or revenue source, testing for unallowable expenditures e.g. costs not included in the approved budget or budget revision and unallowable costs identified in the budget guidelines included on The Children's Trust website, testing for questioned costs, testing that the Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the Contract and within the Contract period, testing that monies used for the program were for eligible participants, testing for the supplanting of funds, testing of match requirements, if applicable, testing of attendance or other unit if the method of payment Is other than a cost reimbursement payment method, and testing of the cost allocation plan to verify that The Children's Trust is paying only its fair share of costs for services, overhead and staffing. The auditor's report shall state that the audit was conducted in accordance with the program specific audit requirements listed In The Children's Trust contract and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of Provider is presented fairly in all material respects in conformity with the stated accounting policies; An opinion (or disclaimer of opinion) as to whether the schedule of total budget to actual expenditures by budget category is presented fairly in all material respects in conformity with the stated accounting policies; A report on internal control related to The Children's Trust contract, which shall describe the scope of testing of internal control and the results of the tests; A report'on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's Trust contract that includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs.' City of Miarrii• • • Page.29 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" ATTACHMENT E Affidavit for Level 2 Background Screenings Affidavit Affirming Compliance with `Background'Screening'for Provider Personnel and/or Volunteers, Subcontracted Personnel, as applicable In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared° (CEO/Executive Director) Authorized Provider Representative of (Provider Name) Name of Contracted Provider , who being by me first duly sworn, deposes and says: (Signature of CEO/Executive Director/HR Director) Date I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. Sworn to and subscribed before me at Miami -Dade County, Florida this day of , 2009 by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: City of Miami Page 30 of 31 Contract #XXX-xxxx, Resolution #2010-xx "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Attachment F Performance Improvement Man 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 Ca acit - , Areast.�; mooted DeficiMencies rs ,-,..��.� "i A la Y �'t3 LJ,�m, Due Programmatic Fiscal /Administrative .-City of Miami Page 31 of 31 Contract #XXX-xxxx, Resolution #2010-xx DRAFT Service Authorization Letter December 6, 2011 Mr. Mark E. Zaher, Director District/School Operations Miami -Dade County Public Schools 1500 Biscayne Blvd. 'Suite 315 Miami, F1.33132 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Truancy Reduction Program of the City of Miami funded through The Children's Trust ("Truancy") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of November 1, 2011 for the Truancy Reduction Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its December 15, 2011 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and The Children's Trust are moving forward to complete their document execution processes and the document execution processes with each of you for the Fiscal Year 2011-2012. The City Commission has authorized moving forward with the Truancy Reduction Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. adopted December 15, 2011, a copy of which is attached hereto and incorporated hereby. The Fiscal Year contract that each Service Provider has with the City of Miami will be for the service period beginning November 1, 2011 to July 31, 2012. During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furthermore, each. Service Provider shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed for the City of Miami. Department. of Grants Administration under Truancy •-Reduction=.Program. These -::requests -for payment shall be submitted on or before the tenth (loth) of the month following the month in which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. Service Authorization Letter If you have any questions, feel free to contact me at 305-416-1532. Thank you for yourparticipation as a Service Provider. We look forward to continue working with you in the Truancy Reduction Program. Sincerely, Esther Balsera Education Initiatives Coordinator City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for the Truancy Reduction Program acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Service Authorization Letter DRAFT Service Authorization Letter December 6, 2011 Mr. Adrian Ochoa Harvey Ruvin, Clerk Circuit and County Courts Juvenile Justice Center 3300 NW 27th Avenue, Room 1000 Miami, FL 33142 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Truancy Reduction Program of the City of Miami funded through The Children's Trust ("Truancy") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of November 1, 2011 for the Truancy Reduction Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its December 15, 2011 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and The Children's Trust are moving forward to complete their document execution processes and the document execution processes with each of you for the Fiscal Year 2011-2012. The City Commission has authorized moving forward with the Truancy Reduction Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. , adopted December 15, 2011, a copy of which is attached hereto and incorporated hereby. The Fiscal Year contract that each Service Provider has with the City of Miami will be for the service period beginning November 1, 2011 to July 31, 2012. During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furthermore, each Service Provider shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed for the City of Miami Department of Grants Administration under Truancy -,Reduction Program. -:These requests for: payment shall be submitted on or before the tenth (10th) of the month following the month in which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. Service Authorization Letter If you have any questions, feel free to contact me at 305-416-1532. Thank you for your participation as a Service Provider. We look forward to continue working with you in the Truancy Reduction Program. Sincerely, Esther Balsera Education Initiatives Coordinator City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for the Truancy Reduction Program acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Service Authorization Letter DRAFT Service Authorization Letter December 6, 2011 Ms. Cheryl Polite CHOICES ET AL, INC. PO BOX 695409 Miami, Florida 33269 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2011-2012 Truancy Reduction Program of the City of Miami funded through The Children's Trust ("Truancy") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of November 1, 2011 for the Truancy Reduction Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its December 15, 2011 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and The Children's Trust are moving forward to complete their document execution processes and the document execution processes with each of you for the Fiscal Year 2011-2012. The City Commission has authorized moving forward with the Truancy Reduction Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. , adopted December 15, 2011, a copy of which is attached hereto andincorporated hereby. The Fiscal Year contract that each Service Provider has with the City of Miami will be for the service period beginning November 1, 2011 to July 31, 2012. During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furthermore, each Service Provider shall submit original requests for payment in the format prescribed by The . Children's Trust for services/work performed for the .City- of. Miami Department of Grants Administration under Truancy Reduction Program. These requests for 'payment shall be submitted on or before the tenth (loth) of the month following the month in which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. Service Authorization Letter If you have any questions, feel free to contact me at 305-416-1532. Thank you foryour participation as a Service Provider. We look forward to continue working with you in the Truancy Reduction Program. Sincerely, Esther Balsera Education Initiatives Coordinator City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for the Truancy Reduction Program acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Service Authorization Letter "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Fiscal Year 2010-2011 PROFESSIONAL.SERVICES_AGREEMENT BY AND BETWEEN CITY OF MIAMI AND «CAPS_ Name _of_Subcontractor_Independent_» RELATING TO CONTRACT NO. «Contract_ Number» BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI FOR THE «Program_Name_CAPS» PROGRAM THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") by and between the City of Miami, a Florida municipal corporation whose main address is City Hall, 3500 Pan.American Drive, Miami,Florida 33133 (hereinafter the "City") and «Name_of_Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation whose main address is «Main_Address» «Address_City_», «Zip_code» Florida (hereinafter "Provider") in relation to Provider's services (as hereinafter defined) for the «Program_Name» Program (the "Program") under Contract No. «Contract_Number» (hereinafter "Trust Contract", a copy of which is attached hereto, incorporated hereby, and made a part hereof as Composite Exhibit 1), between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 (hereinafter "The Children's Trust" or the "Trust) and the City states the conditions and covenants for the rendering of services to children and families for The Children's Trust and the City. In consideration of the mutual covenants herein, the City and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall coincide with the effective term of the Trust Contract and shall be as of «start_date_without_year», 2010 through «end_date_without_year», 2011, subject to funding availability and Provider's performance. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust regarding the Trust Contract and in the sole discretion of the City regarding any other matters, if any, under this Agreement, this Agreement may be renewed upon the same terms as the Trust Contract in connection with Provider's services hereunder with the acknowledgement of Provider. In considering the exercise of any agreement renewal and/or any contract renewal, and in accordance with the Request for Proposal ("RFP") of The Children's Trust and its Board authorization, and in accordance with the applicable authorization resolution by the City Commission, renewal may not exceed a term equal to the term of the initial Trust Contract for a total maximum of three (3) terms, unless otherwise • agreed in writing by the Trust and/or the City, as applicable. The Children's Trust in its sole discretion and the City, as and if applicable, will consider, but is not limited to, the following: Rjj: 261426 City of Miami Professional Services Agreement No. • With «Name_of Subcontractor _Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" 1. 2. 3. 4. 5. 6. 7. 8. Provider meeting the performance requirements specified in this Agreement and under the Trust Contract. Continued demonstrated and documented need for the services funded. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion regarding the Trust Contract and that is deemed satisfactory in the City's sole discretion regarding the Agreement. The availability of funds from The Children's Trust. Both The Children's Trust and the City are prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract and the agreement. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of the Trust Contract before the contract term expires. Also if applicable and depending upon the Trust Contract, the City may initiate re -negotiation of this Agreement before the agreement term expires. The City in its sole discretion may also consider Provider's performance under any other agreement or contract with the City. The availability of funds and continued authorization of City activities. This Agreement is subject to (a) amendment due to lack of funds, reduction of funds, and/or change(s) in regulations or the City of Miami Code, as amended (the "Code") upon at least thirty (30) days written notice, or (b) termination pursuant to the terms and conditions of this Agreement. Provider's maintaining all licenses and certifications required by The Children's Trust, Miami -Dade County, and the City. C. SCOPE OF SERVICES 1. Provider agrees to render services for the Program in accordance with the Composite Exhibit 1, Attachment A, Scope of Services, hereafter "Services", to this Agreement and to the Trust Contract and within the budgeted amounts and other fiscal requirements agreed by the Trust and the City in Composite Exhibit 1, Attachment B, Other Fiscal Requirements, Budget, and Method of Payment, hereinafter "Fiscal Requirements". Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust and to the City. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust, the City, and Provider. 2. The Services' activities and performance measures, as well as complete and accurate data and programming information, will be used in the evaluation of Provider's overall performance in accordance with this Agreement and the Trust Contract. 3. Provider agrees that all funding provided by The Children's Trust through the City, pursuant to this Agreement and the Trust Contract will be used exclusively by Provider for Services in the City of Miami (unless such Services are authorized and required by the Trust and the City to occur elsewhere under Attachment A) and for the benefit of City of Miami residents and Miami -Dade County residents. D. TOTAL FUNDING Rjj: 261426 City of Miami Professional Services Agreement No. With «Name of_Subcontractor_]ndependent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Subject to the availability of funds, the maximum amount payable for Services rendered under this Agreement and under the Trust Contract shall not exceed «Amount_of_Contract_Dollars_Written_out» Dollars and «Amount_of_contract Cents_Written_out» Cents ($«Total_Amount_of Contract_numbers»). The Parties agree that should available funding to the City and/or to The Children's Trust be reduced, the amount payable under this Agreement and under the Trust Contract will be reduced at the sole option of The Children's Trust with a proportionate reduction in Provider's Services hereunder. Provider agrees to adhere to Other Fiscal Requirements, Budget and Method of Payment outlined in Attachment B to this Agreement and to the Trust Contract. E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider's costs or earnings claimed under this Agreement and under the Trust Contract may not also be claimed under any other contract, agreement, or grant from the City or from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach by Provider of this Agreement and of Provider's portion related to the Trust Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding through the City may not be used by Provider as a substitute for existing resources or for resources of Provider that would otherwise be available for children's services, or to replace funding previously provided by and currently available from local and state funding sources to Provider for the same purpose. A violation of this section by Provider shall be considered a material breach of this Agreement and of Provider's portion of the related Trust Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 69I-73.001, and is defined as individual items with a value of One Thousand Dollars ($1,000) or greater which have a life expectancy of more than one (1) year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in this Agreement (see Section K. Insurance). Capital equipment purchased with Trust funds by Provider (through reimbursement by the Trust and the City under this Agreement and the related Trust Contract) become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged by Provider at the time of purchase as an asset of The Children's Trust. The Children's Trust and/or the City, as applicable, will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust through this Agreement and the related Trust Contract. When Provider is no longer funded by The Children's Trust through the City under this Agreement and the related Contract, the equipment will be returned to The Children's Trust unless it is fully depreciated and evidence of such full depreciation is documented by Provider to the City and The Children's Trust:;" Ownership' of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed -asset :system if the capital equipment is fully depreciated and in the Rjj: 261426 City of Miami Professional Services Agreement No. • With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" possession of Provider. Provider can purchase the equipment at the depreciated cost with the prior written approval of The Children's Trust and the City. -If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice under this Agreement and the related Trust Contract. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within five (5) business days provide written notification to The Children's Trust contract manager and the City's project manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust (through the City or as otherwise determined by the City and The Children's Trust) for the value, as determined by The Children's Trust of the capital equipment. 4. Assignments and Subcontracts Provider shall not assign this Agreement to another party. Provider shall not subcontract any Services under this Agreement in connection with the related Trust Contract without prior written approval of the City and The Children's Trust. In any subcontract approved by the City and The Children's Trust, Provider shall incorporate appropriate language from this Agreement and the related Trust Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Agreement and the related Trust Contract. Provider shall submit to the City and to The Children's Trust a copy of each subcontract, if any, to this Agreement, within thirty (30) days of its execution. All sub -contractors of Provider must agree to be monitored by Provider and/or on behalf of the City and The Children's Trust in the same manner as Provider under the terms of this Agreement and the related Trust Contract. Provider acknowledges and agrees that the City, The Children's Trust, and any subcontractor to this Agreement have authority to communicate and exchange information about agreement, contract, program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and all expenses incurred, under this Agreement, including services provided and expenses incurred by any and all subcontractors in connection with this Agreement and the related Trust Contract. Neither the City nor The Children's Trust shall be liable to any subcontractor for any expenses or liabilities incurred under any subcontract, and Provider shall be solely liable under any subcontract. Subject to the limitations and sovereign immunity provisions of Florida Statutes Section 768.28 relating to the City and The Children's Trust, Provider shall hold harmless and defend, at Provider's expense, the City and The Children's Trust against any claims, demands or actions related to any subcontract. The City and The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by the City and The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The City and The Children's Trust reserve the right to require verification from Provider and/or subcontractor of,payment due for satisfactory work performed by the subcontractor. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" possession of Provider. Provider can purchase the equipment at the depreciated cost with the prior written approval of The Children's Trust and the City. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice under this Agreement and the related Trust Contract. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within five (5) business days provide written notification to The Children's Trust contract manager and the City's project manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust (through the City or as otherwise determined by the City and The Children's Trust) for the value, as determined by The Children's Trust of the capital equipment. 4. Assignments and Subcontracts Provider shall not assign this Agreement to another party. Provider shall not subcontract any Services under this Agreement in connection with the related Trust Contract without prior written approval of the City and The Children's Trust. In any subcontract approved by the City and The Children's Trust, Provider shall incorporate appropriate language from this Agreement and the related Trust Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Agreement and the related Trust Contract. Provider shall submit to the City and to The Children's Trust a copy of each subcontract, if any, to this Agreement, within thirty (30) days of its execution. All sub -contractors of Provider must agree to be monitored by Provider and/or on behalf of the City and The Children's Trust in the same manner as Provider under the terms of this Agreement and the, related Trust Contract. Provider acknowledges and agrees that the City, The Children's Trust, and any subcontractor to this Agreement have authority to communicate and exchange information about agreement, contract, program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible .for, all Services performed, and all expenses incurred, under this Agreement, including services provided and expenses incurred by any and all subcontractors in connection with this Agreement and the related Trust Contract. Neither the City nor The Children's Trust shall be liable to any subcontractor for any expenses or liabilities incurred under any subcontract, and Provider shall be solely liable under any subcontract. Subject to the limitations and sovereign immunity provisions of Florida Statutes Section 768.28 relating to the City and The Children's Trust, Provider shall hold harmless and defend, at Provider's expense, the City and The Children's Trust against any claims, demands or actions related to any subcontract. The City and The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by the City and The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The City and The Children's Trust reserve the right to _ require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust- "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Provider and any Subcontractor must be currently qualified to do business in the State of Florida, Miami -Dade County, and the City, and licensed to conduct business within the City at the time that a subcontractor agreement is entered into and Services are rendered. 5. Religious Purposes Providers and/or their faith -based community partners, if any, shall not use any funds provided under this Agreement and the related Trust Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Agreement and of Provider's portion of the related Trust Contract. 6. Lobbying Provider shall not use any funds provided under this Agreement or any other funds provided by the City or under the related Trust Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Agreement and of Provider's portion of the related Trust Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Agreement or any other funds provided by the City or under the related Trust Contract, or any other funds provided by The Children's Trust, for any legalfees, or for any action or proceeding against the City, The Children's Trust, and/or their respective agents, employees and/or officials. Any such use by Provider shall be a material breach of this Agreement and of Provider's portion of the related Trust Contract. F. INDEMNIFICATION BY PROVIDER Provider shall indemnify, release, and hold harmless the City and The Children's Trust and their respective officers, employees, agents and instrumentalities from any and all liability, losses or damages,including attorneys' fees and costs of defense, which the City, The Children's Trust, and/or their respective officers, employees, agents and/or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance or lack of performance of this Agreement by Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City and The Children's Trust, where and as applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or termination of this Agreement. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Where activities supported by this Agreement produce original writing, data, sound recordings,.pictoriai reproductions, drawings or other graphic representations and works of similar nature, the City and The Children's Trust have a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Agreement, and to have others acting on behalf of the City and The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow the City and others acting on behalf of the City and The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Agreement and the related Trust Contract, at no cost to the City and to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Agreement and the related Trust Contract are subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Agreement and in connection with the related Trust Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Agreement and in connection with the related Trust Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. Provider shall indemnify, release, and hold harmless the City and The Children's Trust from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Provider in the performance of this Agreement and the related Trust Contract violates the intellectual property rights of that third party. I. BREACH OF AGREEMENT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Agreement (and under Provider's portion of the related Trust Contract) if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Agreement and under the related Trust Contract. b. Fails to .provide the Services outlined in the: Scope of Services (Attachment A) within the effective terra. of this Agreement and the Trust Contract as indicated in The Children's-•;Trusta Service -Authorization Letter attached hereto and incorporated • hereby in Composite Exhibit 1; Rjj: 261426 - City of Miami Professional Services Agreement No. With «Name_of_Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit»,corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively ..or improperly uses The Children's Trust funds allocated under this Agreement and the Trust Contract; e. Does notfurnish and maintain the certificates of insurance or self insurance required by this Agreement, the related Trust Contract or as determined by the City or The Children's Trust, as applicable; f. Does not meet or satisfy the conditions of award required by this Agreement and the Trust Contract within a specified reasonable time; g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports within a specified reasonable time; h. Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services in this Agreement and the Trust,Contract; i. Refuses to allow the City and/or The Children's Trust, as applicable, access to records or refuses to allow the City and/or The Children's Trust, as applicable, to monitor, evaluate and review Provider's program, including required client data within a specified reasonable time; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to the City and/or The Children's Trust, as applicable, or to any of their respective agencies within a specified reasonable time; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Agreement and its related portion of the Trust Contract within a specified reasonable time; p. Fails to maintain all valid licenses, certifications, and insurance required to provide the Services under this Agreement and/or the Trust Contract. Any waiver of breach of any provisions of this Agreement and/or of Provider's portion of the related Trust Contract, as and if applicable, shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement and/or of the terms of Provider's portion of the related Trust Contract. Any such waiver by the City and/or The Children's Trust, as and if applicable, shall be provided in writing to Provider. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from the City and/or The Children's Trust, as and if applicable, identifying the breach,, the City and/or The Children's Trust, as and if applicable, may pursue any or all of the following remedies: The City and -The Children's Trust may, at 'their'respective discretions, enter into a ` written_ -_performance improvement plan with-.:P_rovider ;to: cure: any breach of, -.=this Agreement --and Provider's portion of the -related—Trust -Contract.. as .may be Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_ofSubcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" permissible under state or federal law. (Attachment F, if applicable). Any such remedial .plan .shall bean addition to this Agreement and an addition to the related Trust Contract, and shall not affect or render void or voidable any other provision contained .in this .Agreement, the related Trust Contract; costs, or any judgments entered by a court of appropriate jurisdiction. b. The City and/or the Children's Trust, as applicable, may suspend payment in whole or in part under this Agreement and/or under the related Trust Contract, by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five (5) business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Agreement, but Provider shall promptly cease using the City's logo, The Children's Trust's logo, and any other reference to the City and The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that City as permitted under the Trust Contract by The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments are suspended, The Children's Trust must specify in writing to the City and to Provider the actions that must be taken by Provider as condition(s) precedent to resumption of any payments and shall specify a reasonable date for Provider's compliance. The Children's Trust may also suspend any payments in whole or in part under any other agreements/contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other agreements/contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for reasonable direct and indirectcosts of The Children's Trust associated with such suspension including reasonable attorney's fees. c. The City may also suspend any payments in whole or in part under any other agreements/contracts entered into between the City and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension, in any event the City shall continue to review and pay verifiable requests for payment as provided for in such other agreements/contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of the City prior to the effective date of such suspension. Provider shall be responsible for reasonable direct and indirect costs of the City associated with such suspension including reasonable attorney's fees. d. .The City, on behalf of itself or on behalf of The Children's Trust may terminate this Agreement by giving -written notice to Provider of, suchtermination and specifying :the date- of termination :at -least five (5) b.Usiness days :before the effective- date of :_termination. In the -event of such termination the City. and/or,The Children's 'Trust, as ,applicable, .may (a) request Provider `to deliver to the City and The Children's Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation.. Related to Contract No. «Contract_Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports ,preparedand secured by Provider with Trust funds and/or with City funds, as applicable, under this Agreement subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds and/or City funds, as applicable, which have been improperly paid to Provider under this Agreement; (c) terminate further payment of Trust funds and/or City funds, as applicable, to Provider under this Agreement, except that the City and/or The Children's Trust, as applicable, shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust, as applicable, prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other agreements/contracts entered into between The Children's Trust and Provider and/or between the City and Provider, as applicable, by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which much be at least five (5) business days before the effective date of termination, in which event the City and/or The Children's Trust, as applicable, shall continue to review and pay verifiable requests for payment as provided for in such other agreements/contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust, as applicable, prior to the effective date of such termination. Provider shall be responsible for reasonable direct and indirect costs associated with such termination, including reasonable attorney's fees. e. The City may seek enforcement of this Agreement and The Children's Trust may seek enforcement of this Agreement in relation to Provider's portions of the Trust Contract against Provider including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for reasonable direct and indirect costs associated with such enforcement against Provider, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including reasonable direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. f. The provisions of this Paragraph I shall survive the expiration or termination of this Agreement and of the related Trust Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Agreement may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. The parties understand and agree that The Children's Trust and the City may terminate the related Trust Contract (including Provider's portions thereof) by written notice to the other party of intent to terminate such Trust Contract at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS Provider shall have Provider's :insurance agent(s), provide to ahe,Gity .and .to The; ;- Children's .Trustwithin thirty (30) days of execution of this Agreement, Certificates of.: Insurance ,or, if applicable;.. a, letter of self-insuranceindicating; coverage applicable to a Rjj: 261426 City of Miami Professional Services Agreement No. With «Name of Subcontractor Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Florida not -for -profit corporation required under this section or as determined by the City and/or The .Children's Trust. Provider must comply with this requirement; failure to comply is a material breach of this Agreement and of Provider's portion of the related Trust Contract. The City and the Children's Trust shall both be named as additional insureds as their interests may appear on all applicable policies, and all applicable policies shall be maintained in full force and effect for the term of this Agreement and the term of the related Trust Contract. The Children's Trust will not disburse any funds to the City for Provider and the City will not disburse any funds to Provider until the City and The Children's Trust are provided with the necessary Certificates of Insurance or letter of self-insurance and the City and The Children's Trust have approved such documents. Provider shall provide and shall requireits sub -contractors to carry insurance coverage(s) as outlined below: 1. Provider and sub -contractors shall furnish their respective certificates of insurance regarding Worker's Compensation covering all employees of Provider and sub -contractor in accordance with statutory limits for the State of Florida. If applicable, Provider and sub -contractors may solicit and provide to the City and The Children's Trust a valid State of Florida exemption filed with the Department of Labor, as required by Florida Statutes, Chapter 440. In the event that the Provider is no longer exempt from obtaining Worker's Compensation insurance, the Provider must notify The Children's Trust and the City of Miami, and provide the necessary certificate of insurance or other evidence of coverage upon the termination of the exemption, as applicable. The employer's liability Section shall reflect limits of at least $500,000 each accident, $500,000 each disease, each employee, and $500,000 each disease policy limit as minimums. In the event that Provider's sub -contractor is no longer exempt from obtaining Worker's.Compensation insurance, the Provider and sub -contractor must notify The Children's Trust and the City of Miami, and provide the necessary certificate of insurance or other evidence of coverage upon the termination of the exemption, as applicable. The sub -contractor's employer's liability portion shall reflect$500,000/$500,000/$500,000 as minimums. 2. Commercial General Liability with limits of at least $500,000 per occurrence, $1,000,000 policy aggregate with a maximum deductible of $1,000 per occurrence. The Provider's and sub -contractors' respective policies shall include coverage for premises and operations liability, contingent and contractual exposures, products and completed operations, personal and advertising liability and sexual abuse and molestation, if applicable. The Children's Trust and the City of Miami must be designated and shown on the certificates of insurance as certificate holders and listed "Additional Insureds as Their Respective Interests May Appear" with respect to this coverage. 3. Automobile liability coverage for all owned, hired, non -owned and leased vehicles ::;of,Provider and of any sub -contractors, and- any transportation companies hired for transporting program participants. The amount of coverage is $1,000,000 combined;; single_. limit ;per accident for bodily Injury and property damage :The Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Children's Trust and City of Miami must be designated and shown as certificate holders and .listed 'Additional Insureds as Their• Respective Interests May Appear" with respect to this coverage. Coverage for non -owned and hired auto exposures can be"acquired through the Florida Automobile Joint Underwriting Association when cost prohibited or market unavailable. Rental cars cannot be used in the course of Provider's regular operations and in the course of sub -contractors' regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. Transportation companies used by the Provider and by sub -contractors for the funded program must list the City and The Children's Trust as certificate holders and as "Additional Insureds as Their Respective Interests May Appear". 4. If applicable for Services under this Agreement, Special Events Coverage, as determined by the City and/or The Children's Trust, as applicable. The liability coverage will be the same as the coverage and limits required for commercial general liability and The Children's Trust and City of Miami must be designated and shown as "Additional Insureds as Their Respective Interests May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 5. If applicable for Services under this Agreement, Professional Liability insurance/ Errors & Omissions, as determined by the City and/or The Children's Trust, as applicable, with coverage limits or amounts determined by the City and/or The Children's Trust, as applicable, but not less than $250,000 per claim and in the policy aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims -made form. The Children's Trust and the City of Miami should be listed as certificate holders, but are not required to be named as Additional Insureds. Professional Liability insurance is generally required when the scope of services uses professional services that require certifications or license(s) to provide direct services to program participants. 7. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust, or the City of Miami, and said capital equipment is under the care custody and control of Provider. The Children's Trust and City of Miami must be shown on the evidence of property coverage as Loss Payees, as applicable. Property coverage shall survive the expiration or termination of this Agreement until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to the City or The Children's Trust, as applicable. Certificate Holders Certificate holders must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 And City of Miami. c/o Risk Management Department Miami Riverside Center, 9th Floor 444 S.W. 2"d Avenue Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of_Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust • "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Miami, Florida 33133 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approvals of the City and The Children's Trust, as applicable. Provider and/or Provider's insurance agent and/or sub -contractors insurance agents, as applicable, shall notify The Children's Trust and the City in writing, of any cancellation, or material changes in insurance coverages in accordance with policy provisions. Provider shall be responsible for ensuring that all applicable insurances (of both Provider and its sub -contractors) are maintained and submitted to the City and The Children's Trust for the duration of this Agreement. In the event of any change in Provider's Scope of Services, Attachment A, the City and/or The Children's Trust, as applicable, may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by the City and/or The Children's Trust, as applicable, prior to any such decrease, waiver or modification. In the event that an insurance policy or coverage(s), as applicable, is cancelled during the term of this Agreement and/or any renewals hereof, the City and The Children's Trust shall reserve their respective rights to withhold all payments from Provider until a new Certificate of Insurance or other evidence of coverage(s) required under this section is submitted and approved by the City and The Children's Trust. The new insurance policy or other evidence of coverage(s) shall cover the time period commencing from the date of cancellation of the prior insurance policy or -other evidence of prior coverage(s). The City and/or Children's Trust, as applicable, may require Provider to furnish additional and different insurance coverage(s), or both, as may be required in connection. with the scope of work. Provision of insurance or other evidence of coverage(s) by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that the City and/or The Children's Trust may have against Provider for any liability of any nature related to performance by Provider under this Agreement, the related Trust Contract, or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. All insurance required hereunder may be maintained by Provider's subcontractor(s) pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS Rjj: 261426 City of Miami Professional Services Agreement No. With «Name of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Provider is required to keep on file the following documentation for review by the City and/or The Children's Trust: 1. If required as applicable to Provider, the Internal Revenue Service (I.R.S.) tax status determination letter; 2. The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after Provider's fiscal year end or other appropriate filing period permitted by law; 3. If required by applicable law to be filed by Provider, IRS 941 - quarterly federal tax return reports within thirty-five (35) calendar days after the quarter ends and if applicable, state and federal unemployment tax filings and if the 941 and unemployment tax filings reflect a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Agreement shall be sent to the addresses for each Party appearing on the first page of this Agreement and additionally as set forth below. Notices to The Children's Trust shall be marked to the attention of its President/CEO. Notices to the City shall be marked to the attention of the City Manager and: With copies sent to: City of Miami, Grants Director 444 S.W. 2nd Avenue, 5th Floor Miami Riverside Center Miami, Florida 33130 City of Miami, City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami Riverside Center, Miami, Florida 33130 Notices to Provider shall be marked to the attention of its (Provider's Authorized Representative). It is each Party's responsibility to advise the other Party and The Children's Trust in writing of any changes in responsible personnel for accepting Notices under this Agreement and the related Trust Contract, mailing address(es), and/or telephone number(s). N. AUTONOMY The Parties agree that this Agreement recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of the City nor of The Children's Trust, and Provider's agents and employees are not agents or employees of the City nor of The Children's Trust. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of_Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit»,corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" O. RECORDS, .REPORT,S,..AUDITS.AND.MONITORING The provisions of this section shall survive the expiration or termination of this Agreement and of the related Trust Contract, consistent with Florida laws. 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by Provider for not less than five (5) years beyond the last date that all applicable terms of this Agreement and of the related Trust Contract have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity under this Agreement and under the related Trust Contract. However, if any audit, claim, litigation, negotiation or other action involving Provider under this Agreement or involving Provider under the related Trust Contract or modification hereto or thereto has commenced before the expiration of the retention period, the records regarding Provider shall be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular retention period, whichever is later. 2. Financial audit and program specific audit Within one hundred and eighty (180) days of the close of its fiscal year, Provider agrees to submit to the City and The Children's Trust an Annual Financial Audit, performed by an independent certified audit firm that is registered to do business with the Florida State Department of Business Regulation, of all its corporate activities and any accompanying management letter(s) or report(s) on other matters related to internal control, for each year during which this Agreement and the related Trust Contract remain in force and until all funds expended from this Agreement and involving Provider under the related Trust Contract have been audited. If no management letter or report or other matters related to Provider's internal control is prepared by the independent audit firm, Provider must confirm in writing to the City and The Children's Trust that no such report was submitted to Provider. This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. Providers that are required to have a single audit conducted under OMB Circular A-133, Audit of States, Local Government and Non -Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan. In the event that the independent auditor does not disclose audit findings, Provider shall submit written notification to the City and The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Agreement; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that the City and/or The Children's Trust provided. Within one hundred and eighty (180) days of the close of its fiscal ,year, a Provider who is contracted for a combined total of three hundred thousand dollars ($300,000) or more :from the City from this or any other City agreement(s) or from, The Children's Trust from this or any other The Children's Trust contract('s), related to -the fiscal' year under audit, Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract_Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" Provider agrees to have a program -specific audit relating to the City 's agreement(s) and The Children's Trust contract(s),,in addition to the annual financial audit. This program - specific audit is to encompass an audit of City agreement(s) and The Children's Trust contract(s), as applicable, as specified in Attachment D: Program Specific Audit Requirements. A Provider that does not meet the program -specific audit threshold requirement will be exempt from the program -specific audit requirement in the fiscal year that the audit threshold is not met. Audit extensions may be granted in writing by the City and/or The Children's Trust, as applicable, after proper approval has been obtained from the City's Finance Department and/or The Children's Trust's Finance Department, as applicable, upon receipt in writing of such request with appropriate justification by Provider. A copy of the engagement letter, along with the audit completion date and any concerns from the auditing firm in relation to the audit, must accompany the request. Approved extension requests allow for the continuation of payment until such time that the extension expires. The financial audit and other financial information will be used in the evaluation of Provider's performance and Provider's overall fiscal health. 3. Access to records Provider shall provide access to all records including subcontractor(s) which relate to this Agreement (and to Provider's portion of the related Trust Contract) at Provider's place of business during regular business hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by the City and/or The Children's Trust, as applicable, to insure compliance with applicable accounting, financial, and programmatic standards. This would include access by the City, The Children's Trust or their respective designees, to Provider's independent auditor's working papers for complying with federal, state and local requirements. The City and The.Children's Trust reserve their rights to require Provider to submit to an audit by an auditor of (i) the City's choosing at the City's expense, and/or (ii) The Children's Trust's choosing at The Children's Trust's expense. 4. Monitoring Provider agrees to permit the City's personnel or contracted agents and The Children's Trust personnel or contracted agents, as applicable, to perform random scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the subject of this Agreement, including any subcontracts under this Agreement, using The Children's Trust approved monitoring tools and the City's approved monitoring tools, as applicable. The City or its contracted agents shall monitor and/or The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of this Agreement and Provider's portion of the related Trust Contract. Provider shall permit the City or the City's contracted agents and/or The Children's Trust or The Children's Trust's contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function for its purposes and as deemed reasonably necessary in the City's sole -discretion to fulfill the monitoring function for the _;City's ..purposes..; A report of: monitoring findings will be delivered to Provider and Provider Will -rectify -all deficiencies cited within the period of time specified in the report. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No, «Contract_Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" 5. Client. Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child participants of funded programs and services for the - following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child/family served. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this Agreement and under the related Trust Contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five (5) calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to the City and to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Agreement and under Provider's portion of the related Trust Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement and under Provider's portion of the related Trust Contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this Agreement and under the related Trust Contract; all upon request by the City and/or The Children's Trust, as applicable. Provider shall retain all records for not less than five (5) years beyond the last date that all applicable terms of this Agreement and under Provider's portion of the related Trust Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. 7. Confidentiality Provider and the City understand hereunder and The Children's Trust understands under the related Trust Contract that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials_.of_the-other party in order to further performance of the.Services..The Parties _._. shall protect confidential information and comply with•applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of • confidential information -as each party uses to protect its own confidential information in Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_ Independent_Contr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning November 1, 2011 through July 31, 2012" a like manner. The Parties shall not disclose the confidential information to any third party (except ,that ..such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Agreement imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Agreement shall remain in full force and effect after the termination of this Agreement and after the termination of the related Trust Contract. Provider shall specifically require all sub- contractors to comply with this paragraph. 8. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Agreement and for Provider's portion of the related Trust Contract. This includes, but is not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. 9. Withholding of payment At the sole discretion of the City and/or The Children's Trust, as applicable, payment may be withheld from Provider for non-compliance by Provider of Provider's compliance with contractual terms. The Children's Trust will provide payment through the City upon satisfactory compliance by Provider of the contractual terms for which Provider is responsible to The Children's Trust as solely determined by The Children's Trust. The City will provide payment upon satisfactory compliance by Provider of the contractual terms for which Provider is responsible to the City as determined solely by the City. The Children's Trust, in its sole discretion, may determine to withhold payments to Provider for any particular . subcontractor . for- such subcontractor's non-compliance with contractual terms. The City, in its sole discretion, may determine to withhold payments to Provider for any particular subcontractor for such subcontractor's non-compliance with contractual terms. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties and approved by The Children's Trust, as and if applicable. Pursuant to City Commission Resolution No. «Resolution_Number», adopted «Date_Adopted», the City Manager or his designee is Provider's authorized representative for approving and executing alterations, variations, modifications, extensions or waivers of the provisions of this Agreement . including but not limited to amount payable and effective. term., Pursuant Provider's Resolution No. , adopted (Provider's;_ Authorized Representative) is authorized for approving and executing Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotfor_Profit» corporation .,., Related to Contract No. «Contract Number» with The Children's Trust • "Form to be updated by City and Trust for FY 2011-2012 for new grant terra beginning August 1, 2011 through July 31, 2012" alterations, variations, modifications, extensions or waivers of the provisions of this Agreement: including but notlimited•to amount payable and effective term. Q. GOV.ERNING .LAW .& VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter .435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer& Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings" each for Agreement term. The Affidavit will cover employees, volunteers, or subcontractors performing services under this Agreement who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and/or sub -contractors files. An Attestation or Affidavitof Good Moral Character, as applicable, must be completed annually for each employee, volunteer, and subcontracted personnel who work in direct contact with children. Provider shall re -screen each employee, volunteer and/or subcontractor every. five (5) years. S:-CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that the City and The Children's Trust expect Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent Coutr», a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national -origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races; religions, sexual orientations, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon 'receipt of evidence of discrimination under any of these laws, the City and The Children's Trust shall have the rights to terminate all or any portion of this Agreement and Provider's portion of the related Trust Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in. violation of these laws, said violation will be a material breach of this Agreementand a material breach of • Provider's portion of the related Trust Agreement, and the City and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes) which essentially provides that- a- personor affiliate who is a Provider, consultant or other provider and who has. been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a. contract/an agreement to provide any goods or services to the City and to The Children's Trust, may • not submit a bid on a contract/an agreement with the City and with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to --the City and- to The Children's Trust, may- not- be- awarded -or---- perform work as a Provider supplier, sub Provider, or consultant under a contract/an agreement with the City and with The Children's Trust, and may not transact any business with the City and with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and the cancellation of Provider's portion of the related Trust Contract and recovery of all monies paid hereto, and may result in debarment from the City's and The Children's Trust's competitive procurement activities. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_Independent_Contr», a Florida «ForProfitNotforProfit> corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" 3. Conflict of Interest Provider represents that the execution of this Agreement does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance,. www.miamidade.gov/ethics/library/Ethics-Brochure-2005.Ddf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully. set forth herein. Provider agrees to abide •by and be governed by these conflict of interest provisions throughout the course of this Agreement and in connection with its obligations hereunder. Provider further agrees to require its sub -contractors to abide by and be governed by these conflict of interest provisions throughout the course of this Agreement and in connection with their respective obligations hereunder. Provider further agrees and shall cause its sub -contractors to agree not to use or attempt to use any knowledge, property, or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself or others. Provider may not, and shall require its sub- contractors not to, disclose or use .information not available to members of the general public and gained by reason of this Agreement and/or The Trust Contract, except for information relating exclusively to governmental practices, for personal gain or benefit or for the personal gain or benefit of any other person or business entity. Provider acknowledges, and shall cause its sub -contractors to acknowledge, that he/she/it: (i) is not currently an employee of the City and has not been an employee of the City for the past two (2) years; (ii) is not a member of any board, commission or agency of the City;. and (iii) will adhere to the provisions of the City Code, Chapter 2, Article V, §2, throughout the duration of the term(s) of the Agreement and any renewals hereof. Provider further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the City Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board, committee, or agency of the City. A violation of this section may subject Provider and/or its sub-contractor(s) to immediate termination of the Agreement, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and be subject to action by the Miami -Dade County Commission on Ethics. 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply, and shall cause its sub -contractors to comply, as 'applicable, with the following provisions of the Sarbanes-Oxley Act of.2002: • • Provider (and sub-contractor(s)) agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official "investigation. • Provider (and sub-contractor(s)) agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing Rjj: 261426 ... City of Miami Professional Services Agreement No. . With «Name of Subcontractor_Independent Contr»; a Florida «ForProfitNotforProfit» corporation Related to Contract No. «Contract Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Agreement any and all applicable licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, the City of Miami, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida, Miami - Dade County, and the City of Miami both prior to and during the Agreement term with the City and the related Trust Contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider (and sub -contractor, as applicable) shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider (and sub -contractor, as applicable) shall notify the City's project manager and The Children's Trust's contract manager of any incident as defined within three (3) business days after Provider (and sub -contractor, as applicable) is informed of such incident. Provider (and sub -contractor, as applicable) shall provide written notification of the incident together with a copy of the incident report. The report'must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to the City and to The Children's Trust, within fifteen (15) days business of the incident. Provider (and sub -contractor, as applicable) shall provide written notification to the City and to The Children's Trust, within seven (7) business days, of any legal action which is filed as a result of such alleged incident. 7. Sexual Harassment Provider (and sub -contractor, as applicable) shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider (and/or sub -contractor, as applicable) employee, volunteer or anyone arising out of the performance of this Agreement and Provider has knowledge, thereof (and sub -contractor, as applicable, has knowledge thereof). Provider (and sub -contractor, as applicable) shall provide written notification to.,the._City and,_to The Children's Trust within three (3) business days after Provider (and sub -contractor; as applicable) Isanformed .of. such an allegation. Provider Rjj: 261426 _City of Miami Professional Services Agreement No. With «Name_of_Subcontractor_Independent_Contra, a Florida «ForProfitNotforProfib> corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" (and sub -contractor, as applicable) shall provide written notification to the City and to The Children's Trust, within seven (7) business days, of any legal action_which is filed as a result of such an. alleged incident. 8..Proof of Policies Provider and all subcontractors, as applicable, shall keep on file copies of its and their respective policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. CONSENT Provider (and sub -contractor, as applicable) must obtain parental/legal guardian consents for all minor participants to participate and/or for adult participants in the program for services; and to share information with the City and with The Children's Trust for monitoring and evaluation purposes. Provider (and sub -contractor, as applicable) will ask participants ohsigndaCreolvoluntary any Consent to Photograph form. The form is available in English, pan 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 documentedsessments and signed are by the ]parent or legal nistered. Any refusal of consent must be properly ocument d guardian on the consent form. V.- PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to the City and The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by the City and The Children's Trust and, described in Attachment C to this Agreement, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition,• Provider agrees (and shall cause its sub -contractors, as applicable to agree) to furnish the City and The Children's Trust with complete and accurate reports in the timeframe and form at andtos reasonably ly specified by the City and/or.The Children's Trust, as applicable, Attachment C. Provider (and sub -contractors, as applicable) must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami. 2-1-1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider (and sub-contractor(s), as applicable) agreesthat activities, services and events funded by this Agreement shall recognize The Children's Trust ash all s a funding ,,source through the City.. ..Provider (and sub-contractor(s), as applicable) that all publicity, public relations, advertisements and signs; within:- its control. recognize Rjj`. 261426 . City of Miami Professional Services Agreement No. With «Name ofSubcontractor_Independent_.Contr», a Florida «ForProfitNotforProf1t» corporation Related to Contract No. «Contract Number» with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" The Children's Trust and the City for the support of all contracted activities. The use of the official Children's Trust logo is permissible. The'use of the official City of Miami logo must have prior written approval of the City Manager or his designee. Provider (and sub-contractor(s), as applicable) shall use best efforts to ensure that all media representatives, when inquiring with Provider (and sub- ontra torthat The as applicable) about the activities funded by this Agreement, are Children's Trust is a funding source through the City's «Program_Name» Program.o Provider (and sub-contractor(s), as applicable) shall, if it possesses the appropriate technology, provide a link between the I cable shallte and coo coordinate we ith h the CityTrust's Managerwebsite. or Provider (and sub-contractor(s), as applicable) ) his designee regarding any link with the City's website. X. PUBLICATIONS provisions similar to the following Provider agrees to' include in all of its subcontracts p provisions of this Section X for compliance by subcontractors. I the City,without charge, up to three (3) copies and to supply TheProviderit agreesn'suo supplyrto three (3) copies of any publication developed The Children's Trust, without charge, up this by Provider in connection with implementation of programsaddressed ry The Chi drh`s Agreement. Such publications will state that the program is supported Trust through the City's «Program_Name»Program. Providermaterials eagrees that developed henCity and The Children's Trust will have use of copyrighted Agreement to the extent provided in, and subject to, the provisions of Paragraphs G and H above. ce, ro To the extent permitted bytTrtapplicable a d the journal City'sother logo publication permittedsour by thevCity ider shall include The Children's us Manager or his designee, and the following paragraph in all materials of Provider featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other • materials for dissemination to the media or general public: English: City of Miami and Program Name is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami and Program Name esta financiado=por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y farnilias en el Condado de Miami - Dade. Kreyol: City of Miami and Program Name finanse_pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referendom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of_Subcontractor IndependentContr», a Florida «ForProfitNotforProft» corporation Related to Contract No. «Contract Numbe»> with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust through the City's «Program_Name» Program." Y. HEADINGS, USE OF SINGULAR AND GENDER 0 Paragraph headings are for convenience only yhs and arenot it end Whe e to er paxndor sed here herrict ein, the scope or substance of the provisionsAgreement. singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contra, a Florida «ForProfitNotforProfib> corporation Related to Contract No. (Contract Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Z. TOTALITY OF AGREEMENT/SEVERABILITY OF PROVISIONS • This Agreement with its exhibits and attachments as referenced 'below contains all the terms and conditions agreed upon by the parties: Composite Exhibit 1: The Trust Contract and Services Authorization Letter which includes the following Attachments: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable Exhibit 2: The City's Authorizing Resolution Exhibit CurrentProvider's IIRS and Statel of FloridaResolution Not Not-foror,Ev dence of Valid For-Profit Status,and applicable No other agreement, contract, oral or otherwise, regarding the subject .omter of this of this Agreement shall be deemed to exist or bind the Parties. If any pision then Agreement if isu h remaid n deror void, woulde thennder of ontinnuehls to Agreement toall thet beaffected and thereby if requirements of applicable law. CITY OF MIAMI, a Florida municipal corporation PROVIDER: «Name_of_Subcontractor_Independent_Co By: a Tony E. Crapp, Jr., City Manager Florida «ForProfitNotforProfit» By: Name: Title: By: Provider's Federal Priscilla A. Thompson, City Clerk ID# Date: Date: Approved as to Form and Correctness: Attest: Attest: By: By: Julie 0. Bru, City Attorney Name: Date: Title: Approved as to Insurance Requirements: Date: By: Gary Reshefsky, Director of Risk Management Date: Rjj: 261426 ;: ,City, of Miami Professional Services Agreement No. With «Name_of_.Subcontractor_Independent Contn>, a Florida«ForProfitNotforProfit>i`corporatton Related to Contract No. «Contract Number with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" This Agreement is not valid until signed by both parties Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of_Subcontractor_Independent Contra, a Florida «ForProfitNotfotProfb> corgoratioo. Related to Contract No. «Contract Number)) with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Composite Exhibit 1 Copy of The Children's Trust Contract No. «Contract_Number» And Services Authorization Letter With the City .of Miami For The «Program_Name» Program For 2010-2011 Rjj: 261426 c - - : : - , Citrof Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent_Contoi, a Florida «ForProfitNOtforProfiOi.Cor0Oration Related to Contract No. «Contract Numben> with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Exhibit 2 Copy of City of Miami City Commission Resolution. No. «Reso,ution_N umber», adopted «Date_Adopted» Ry:261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor Independent Contr», a Florida «ForProfitNotforProfib> corporation Related to Contract No. «Contract Number)) with The Children's Trust "Form to be updated by City and Trust for FY 2011-2012 for new grant term beginning August 1, 2011 through July 31, 2012" Exhibit 3: Not -for -Profit or For -Profit Corporation's Authorizing Resolution and Consent and Acknowledgement of The Children's Trust Contract No. «Contract_Numberu, y a dulh WHEREAS, the Board of Directors of has considered at atthe ytt'ld he 'held corporation meeting on of • entering into a Professional. Services Agreement with the City of Miami for the Program for the 2010-2011 Fiscal Year in accordance with' the 'articles and by-laws of the corporation, and has authorized and directed as Corporate. Secretary, and Chairperson/President, as Executive Director to undertake any and all such matters contemplated by said Professional Services Agreement with the City of Miami on behalf of as a Florida corporation. NOW, THEREFORE, on behalf of we the undersigned authorized representatives hereby acknowledge that we have reviewed a copy of, agree and consent to, and shall comply with the terms and conditions of the Children's Trust Contract No. between The Children's Trust and the City of Miami ("The Children's to be Trust Contract) as applicable.indicated ated in Attachment A tothelChildren'sprovided Trust asContract as incorporated into the Professional Services Agreement. Dated this day of , 20. Name of Entity: By: Name: Title: Chairperson/President of the Board of Directors SEAL/ATTEST: By: Name: Title: Corporate Secretary Rjj: 261426 City of Miami Professional Services Agreement No. With «Name_of Subcontractor_lndependent Contr», a Florida «ForProftNotforProfit» corporation Related to Contract No. «Contract Number» with The Children's Trust Balsera, Esther From: Rachel Spector [rachel@thechildrenstrust.org] Sent: Tuesday, September 06, 2011 4:29 PM To: Blondet, Lillian; Balsera, Esther Subject: Year 2 Funding Recommendation Good afternoon, We've come up with the recommended renewal amounts for the 2011-2012 contracts (mark your calendars for a 9/28 Program Services Committee meeting and a 10/17 Board meeting). The first big change is that all Service Partnership/Youth Violence contracts in Year 2 will be 9-month contracts so to synchronize with the school calendar. In terms of dates, that means that the new contracts will begin November 1, 2011 and end July 31, 2012. The final year contract will begin August 1, 2012 through July 31, 2013. Hence, all Service Partnership/Youth Violence contracts have been prorated for the 9-month term (equating a 25% reduction from current contract amounts), after recommended reductions have been taken based on performance. Based on the mid -year performance scores (mid -year scores of 87 and above resulted in an additional 6% reduction, 86 -77 resulted in a 10% reduction, and 76 and below resulted in a 14% reduction). For contract# 1103-1930, the resolution for renewal is recommended at an up to amount of $ 634,007 for a 9-month term. Please review the new budget guidelines posted on our website in preparing your budget. In addition, all onetime costs, start up costs, hardware, software and first year training costs will be eliminated from current budgets. We expect to be contacting your shortly to initiate contract negotiations. Thank you, The Chi?dren's Tars? values integrity, Trust. Teamwork, Quality anti Leadership. Rachel Spector I Contract Manager TEL: (305) 571-5700 Ext: 248 I FAX: (305) 857-9034 rachel.spector(a'thechildrenstrust.orq 3150 SW 3rd Avenue 8th Floor Miami, FL 33129 www.thech ild renstrust. orq SUNSHINE LAW AND PUBLIC RECORDS NOTICE: The Children's Trust is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E-mail messages are covered under such laws and thus subject to disclosure. 1 The Children's Trust Board Meeting Date: November 14 17, 2011 Resolution: '2012-06 Action: Renewal of four Service Partnership contracts for truancy prevention, each for a nine -month term at a pro -rated amount not to exceed $1,490,507.00. Budget Impact: Sufficient funding for this action is available in The Children's Trust's approved operating budget for FY 2011-12, Sustain and Expand Direct Services, and Improved Systems of Care: Resource Networks; Service Partnerships; and Youth Violence Prevention. RESOLUTION NO. 2012-06 AUTHORIZATION FOR THE-PRESIDENT/CEOTO NEGOTIATE AND EXECUTE THE RENEWAL OF FOUR SERVICE PARTNERSHIP CONTRACTS WITH CURRENT PROVIDERS FOR TRUANCY PREVENTION SERVICES: BELAFONTE TACOLCY CENTER, INC. $387,000.00 CITY OF MIAMI, OFFICE OF THE MAYOR $634,007.00 CITY OF MIAMI BEACH $211,500.00 FRESH START FAMILY SERVICES, INC. $258,000.00 EACH FOR A PRO -RATED AMOUNT FOR A NINE -MONTH TERM NOT TO EXCEED $1,490,507.00, A 9.64 % REDUCTION IN FUNDING FROM LAST YEAR, FROM NOVEMBER 1, 2011 TO JULY 31, 2012, AND PROVIDING FOR THE OPTION OF ONE REMAINING CONTRACT RENEWAL FOR A TWELVE-MONTH TERM BASED UPON SATISFACTORY PERFORMANCE, AS DETERMINED AT THE SOLE DISCRETION OF THE CHILDREN'S TRUST, SUBJECT TO APPROVAL FOR LEGAL SUFFICIENCY AND FORM. WHEREAS, Service Partnerships are intended to enhance existing systems of care through a wrap -around community -based care coordination focus on targeted Miami -Dade neighborhoods, or with services that are provided countywide for specific at -risk populations through which families identify their needs and partnerships collaborate to address them; and WHEREAS, four contracts for Service Partnerships for Truancy Prevention expired on October 31, 2011 and are being recommended for renewal for nine months prorating the annual amount of 12 months in order to make their contract periods align with the academic year, August -July; and Resolution 2012-06 October 17, 2011 WHEREAS, the above contracts have been reviewed in detail by staff as more specifically described in the attached narrative, and the President/CEO and staff recommend approval of this action; and WHEREAS, this resolution was initially presented to the Board at its meeting of October 17, 2011, however, due to lack of quorum there was no action taken on the resolution, and it is being presented to the Board again at this time; and WHEREAS, the Board has been apprised of the specifics of these truancy prevention programs in the attached narrative and the Board is in agreement with the goals as described therein; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF THE CHILDREN'S TRUST, MIAMI-DADE COUNTY, FLORIDA •authorizes the President/CEO to negotiate and execute the renewal of four Service Partnership contracts with current providers for truancy prevention services as follows: Belafonte Tacolcy Center, Inc. $387,000.00 City of Miami $634,007.00 City of Miami Beach $211,500.00 Fresh Start Family Services, Inc. $258,000.00 Each for a pro -rated amount for a nine -month term not to exceed $1,490,507.00, a 9.64% reduction in funding from last year, retroactive from November 1, 2011 to July 31, 2012, and providing for the option of one remaining contract renewal for a twelve-month term based upon satisfactory performance as determined in the sole discretion of The Children's Trust, subject to approval for legal sufficiency and form. The foregoing recommendation was offered by who moved its approval. The motion was seconded by and upon being put to a vote, the vote was as follows: Resolution 2012-06 October 17, 2011 54 The Chairperson thereupon declared the resolution duly passed and adopted this 14th day of November 2011. THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA BY SECRETARY Approved by County Attorney as to form and legal sufficiency Resolution 2012-06 October 17, 2011 55 Background: Service Partnerships are intended to enhance existing systems of care through a wrap -around community -based care coordination focus on targeted Miami -Dade neighborhoods, or with services that are provided countywide for specific at -risk populations. Families identify their needs and partnerships collaborate to address them. Resources may include the families themselves, natural supports within the community and professional services. The partnerships coordinate supportive, family -friendly activities, bring additional services as needed, and link families to specialized services. The contracts were awarded as a result of RFP #2010-04, "Safe and Supportive Community" Programs released in May 2010. Current Status of the Truancy Programs: Each contract is reviewed by staff in five areas: outputs, outcomes, fiscal compliance, administrative compliance and overall performance. The midyear performance review determined the minimal amount by which to reduce the prorated (nine -month) contractual amount. The minimum percentage reduction is based on these scoring ranges: 6% - above 86, 10% - less than 86 and above 76, and 14% for 76 or below. The start up or one-time costs may also reduce the amount of renewals; such items include but are not limited to training for evidence -based models, hardware, and software development. When taken together, the performance -based reductions and one-time cost reductions allow staff to approximate the targeted 10% reduction for the service partnership and youth violence prevention programming necessitated by overall revenue reductions impacting The Trust's budget for Fiscal Year 2011-12. The mid -year performance scores for these four contracts were: Belafonte Tacolcy Center, Inc.: City of Miami: City of Miami Beach: Fresh Start Family Services: 54.70 87.48 87.14 44.77 These performance scores and the renewal of contracts were considered in the context of start-up challenges faced in particular by the Belafonte Tacolcy and Fresh Start programs. Those two programs are in their first year of service as Service Partnerships. Programs such as service partnerships require time to build necessary referral and service relationships; in short, to "ramp up" their programs. Moreover, these two programs respectively serve neighborhoods and public schools facing multidimensional challenges in Liberty City/Brownsville and Florida City (and surrounding southwest Miami -Dade). Additionally, when these programs commenced they had to develop operational relationships with the principals of many public schools, which took somewhat longer than anticipated during the course of the initial contract term, particularly in schools that have since changed administrations. The summer recess fell in the middle of the contract term, which also contributed to start-up delays in referrals for truant youth from some of the public schools to be served. These relationships have been strengthened and we will continue discussions in an effort to obtain umbrella district agreements for these truancy. programs, rather than relying only on school agreements. We anticipate that referrals will be received at a much higher rate this coming school year. Additionally, these providers have examined their practices. Belafonte Tacolcy has strengthened its recruitment of eligible youth and their parents by commencing to work closely with small focus groups of parents with assistance of local Parent •Teacher Association (PTA) volunteers. They are developing bridges.to eligible families by gaining insights from other parents on how effectively to communicate with them; Using this method for reaching eligible families while strengthening school Resolution 2012-06 October 17, 2011 56 connections and concentrating staff resources on schools with the most significant truancy challenges should combine to markedly improve participation rates. Although participation has not yet increased to the desired level, The Trust's staff has provided technical assistance to the provider and will offer more specific training on data reporting, which may also have contributed to reporting below actual performance. We are .confident that in this renewal term the program will meet participant numbers and outcomes. Similarly with respect to the Fresh Start provider in South Dade, recent technical assistance discussions reflect what may be under -reporting of activities that will be corrected in the future. Moreover, the provider has adjusted its staffing pattern to provide more resources to schools with larger truant numbers and concentrated its efforts in schools that either have no dedicated staff or dedicated staff that is overwhelmed in dealing with truancy and other attendance or behavioral issues. Once again, there is no doubt that the care coordination process makes a difference and service referral needs exist for, truant youth and their families, and that adjustments in the renewal term both in accuracy of data reporting and in resource allocation should improve participant figures and outcomes in the second year of this program. The challenges with recruitment both Belafonte Tacolcy and Fresh Start have faced in their first years of operation will be addressed in a performance improvement plan in their contractual scopes of service. In tandem with The Trust, we will work to establish additional formal referral mechanisms with the school district and principals, which should enhance referrals to these programs. Both programs will examine their approaches to finding youth and families in greatest need of their services and adjust staffing resources where necessary to schools in greatest need, all in an effort to maximize the use of funding. Any issues with data management will be addressed in training and interactive discussion with the contract manager for the truancy programs. Both the operational and service relationships necessary to smooth functioning were well -entrenched for the City of Miami and City of Miami Beach truancy programs at the outset of this contract term; however, those two programs had been operating during the previous three-year contract cycle. Accordingly, referral mechanisms were in place at most sites, as were the relationships necessary to building an immediately cooperative partnership. In the upcoming year, these truancy programs will serve more than 2500 youth, each having five or more unexcused absences. The programs engage youth and their parents in assessment and a care plan development session offering wrap -around services that may include mentoring, alternative to suspension efforts, leadership components, job programs, or mental health interventions, depending upon the results of the primary assessment and care plan. Each program is tailored as best can be done to the particular challenges faced by the feeder pattern and high schools involved, as well as to specific community issues. There is an unquestionable need to increase attendance among many youth who are at risk in these high- and higher -risk schools, in order to increase positive performance and decrease further negative outcomes. Resolution 2012-06 October 17, 2011 57 RESOLUTION 2012-06 . ATTACHMENT FOR SAFE AND SUPPORTIVE COMMUNITIES: Service Partnership Belafonte TACOLCY Center, Inc. Contract # 1103-4070 The data reflected below is based on information submitted to The Children's Trust by 10/6/2011, for services provided through 9/30/2011. 0.. t y� ��10;11 CONTRACTUAL2PERFORMANGE'SUMMARY ;' �_ °, � - _ UTILIZATION: Population Types 1f . v5 ✓N k°y F"3 !ii {II' =Demogra'phics' sr � n lii .,'+:: li�'it gywe 4 ChII' ren/1(outh w `(i *N > =Parents/Caregiver ' ,"=4 A4 [yi .}. •, A;yyi Other Population served: Children & Youth ages Ages 6 12, Ages 13 u ' ;Ili:{ " ° Proposed # of participants to be served: 428 25 Actual # of participants served: 251 15 Actual Enrollment Achievement Rate 59% 60% i.;,^ a ', r... .-. 3. T S UtiI¢atiOn (measured rn mmrmum session per client4 z x- � = J s :totaled for;'all-activity. by'type)-- 3f`,P f,.s., -^>=.ti c T•.. }' � , _ t t �° Pro osetl c R.„3pr.� ,1.2? y 3• §..ii n, Attainment .> . ,.: '} `' xm ,M s.d, .,d Jk Y i "� eh -` `i � � Percents a :€-•�. ew..3i. Yi': - J�' v y v �nf > :� ,� �� * ,�Ratln � ; �x Type 1 Activities Overall Utilization (three or more contacts) 3293 3070 93% Acceptable Type 2 Activities Overall Utilization (less than three contacts) 257 693 270% Acceptable < .. ,-.....- `'yb '} ) 'S Pz ?' rt OUTCOMES i r 4 y ._" 'Y6 5x 9 fi Achievement a.' ^ , :k ` yt;.�iR�, ::n Y• ,f" '�,'.y � rr^Y `,i,, py 32, x „k Rating ,, , 95 % of children/youth will accrue less than 15 unexcused absences after receiving services 74% Unacceptable * 80 % of children/youth will not accrue 5 additional unexcused absences after initial services are provided 36% Unacceptable * 65 % of children/youth will not accrue 5 additional unexcused absences after stage 2 services are provided 40% Unacceptable * 95 % of children/youth will not accrue 5 additional unexcused absences after stage 3 services are provided 42% Unacceptable ' 9 ..... :. t r�•.°I v y'7 "§Vyi�, FINANCE4INFORMATION.r,.,FY09-1Ot t: w :ass T ".chi ps"t'e� "�r Y( K i t ii `'a b 3 u ,YUtilization k, ....:x�4 4 $: Rat '' ...:• a d � 5 -;. J i' � t C �Ratin9 k F�_ Total Contract Amount $600,000.00#x4 Total Contract Reimbursements- Inclusive of last request submitted by 9/15/2011, this provider's last request was for the month of 08/11 $436,130.32 �x�, ' tY ilt.� % of Total Award Spent 73% Acceptable Performance Revrewf Mtd Yeiii.40rformance .-�.r .Stc,or; -,. ws:- , .c.. '"' '.. ReviewSdbre is based on data collected and activities M� .,..v, , .'ids " « `'. '...-:1:,1. *,.4:',-. 3. ,': H,.:,@ fh#,, .performed iunng"the;i,firstisix#monthstof.thecontractyear:) K��`_ 4� „�� b7+` :{� r c,'i"°' aha -' ..,. -_ t w rat' SCOT@ , �c6r ,. x ;" ° 5':,. `�'`�i , G y, Or4 Ruf 1}` s' T,'P `�3tY J �� " r � �: n t� .1, 4r : •''N-tl _ .�. . �.t + �,., # Sr, a ;� Rainn �5 :,.. . g ,{i': ,ii ` "° tt ± fi ,. h., d'�ts.-.4+r_.:K.'il k • , ��;,„r *^k..,-. Overall Program Performance Review Rating 54.70* Unacceptable . s t'w Y tr r• n, . COMMENTS- .,+ ' xq, `w*The• The low midyear performance score is due to several factors, some of which were out of the control of the provider. There were initial challenges gaining access to the schools and therefore the target population, initial start up delays for a first year program and the timing of the services since summer fell in the middle of the contract period are all contributing factors. Although many of the numbers remain low. The Children's Trust has provided technical assistance to this provider and we are confident that in Year 2 the outcomes as well as the contracted numbers to be served will be met. 1„ ` . ti ig • ,3 ,yM-:04i,Fn- dmgfrom Te Children s)T rut .). sa a <a '... �; .,. }.� # r.p.THER ACTIVE CON,TRACTS7.. .. f '3. # ' ' CONTRACT#..:', .- i �` ;,.,"AMOUNTS,=,ter , T4,1 Out of School 1121-4070 $153,505.00 i ii Resolution 2012-06 November 14, 2011 58 RESOLUTION 2012-06 ATTACHMENT FOR SAFE AND SUPPORTIVE COMMUNITIES: Service Partnership City of Miami Office of the Mayor Contract # 1103-1930 The data reflected below is based on information submitted to The Children's Trust by 9/15/2011, for services provided through 8/31/2011. } i m p ¢ ? ' �3, �" r. 10�11 CONTRA`C,TUAL PERFORMANCE,SUMMARY � ' ° � � ' <Yh a, ,......,.r..Y... ..a.,.a` .,.. _.€.X , t.:.ce_'.i'. ,..,u ,•%,.:. ._, _u».-,.-. .....,,.>,,. ,. �.,....... .�......... ....»_.,. _., . , .... ..,,. ..,.. __,...... ... s.a. -:, ., r.lr , ':, ,,, �,.. 9 `�.:,'e. ...._:-:}....,.. UTILIZATION: Population Types .', ±D...,'•x�.et e.mo ra hcs � fi.3 h �ildreniYouh� �;PrentsGaregiverff — ' er;.�• n Population served: Children & Youth ages Ages 6-12, Ages 13-up rt"' 4 r. ,.' �-���'r,t'r'� ' �4,.:, Proposed # of participants to be served: 1500 Actual # of participants served: 1097 Actual Enrollment Achievement Rate 73% ,..... _.,, .:,, �t�'.`..x;_sF ��.,. ... �a u. .�' `UtIIIZat1011�(mesured In,minrmum'sesslon per client r >.. � . , h � lotaled�forallactivrty.bytype) I� . YA _.. _.y #� "L osed k Proposed ' -t� .' r, $ Attainment n „.r...rs -w.+t , �aF t'" thx , .f.,, , .; Percentagear , _ss�f ,: .€zf ,., i ; s � ,� Rating • i. >. .. � r.... Type 1 Activities Overall Utilization (three or more contacts) 4530 4924 109% Acceptable Type 2 Activities Overall Utilization (less than three contacts) 1508 1528 101% Acceptable ., :, . ,_... a ^^a s3 L.w. ,;OUTCOMES e , � � 3 Y r s r "`' ,Achievement ' � zki, s .i Rating : � 60 % of children/youth will not accrue 5 or more unexcused absences after the TSCT meeting level 1 , 61 % , Acceptable 60 % of children/youth will not accrue 5 or more unexcused absences after the TSCT meeting level 2 54% Acceptable 70 % of children/youth will not accrue more than 10 unexcused absences within the school year 79% Acceptable 80 % of children/youth will not accure more than 10 unexcused absences after pre -intervention services are provided 89% Acceptable 85 % of registered participants will not reach truancy court 100% Acceptable -2 x :FINANCE-INF.ORMATION1.0 •, ,� $ p'MP�' p ,w,„; 0-1. 44. '. 'w` +may "&' I { .3�'3 1 J-.R a 9 '° z, k � Ratln Total Contract Amount $899,269.78 , '.- _ ) "'- Total Contract Reimbursements- Inclusive of last request submitted by10/15/2011, this provider's last request was for the month of 09/11 $481,261' " "'� kn,r % of Total Award Spent 54% Acceptable Performance Review M.id Year(Peformances ..'';e rf ,�,( 4 ;;Review Scpreslstbasd.ontdatacollected and activities,,,a :p_ n E : .btt.,�., t >iv, s,pertormedidunng;he'sfrst sxnonths;ofthe;contractyeac)-< Score —� N�l3 , fBi-..e. i3it:,g . �'r`A y1r , i, * ��.,`Shfa:."'•' .,{'�t , atin sc � sJ , s ' Overall Program Performance Review Rating 87.48 Acceptable ii a z t a ' ni f" uw COMMEtiTs. yE L3 5a a,� s sKs F 9 hsr } e si .. �N..3�d r..l,.i.),`xr w 3 _ C� a r. ate.' "� 'ii . }i' 3 s:i � C�'1'., t p .F' y{tom g �W S .tt S� ^1. i. i ,a{�' Y, Y .H'= ... e,`fl�.��:+...h�. 3'' ^TC ther Fund " Orn ildren s trust ...gfromTheCh...... .Th '. .. re ,.. ., m . T-F'4'a 5 6t> F i H .fit -.,.a., . + 3'a' .�inkrr �'' _,".'. �%• R.':'Y` �Y..v "OTHERsAC,TIVEJCONTRACTS s w� 1 f.` "t 'M' '„. ONTRACT #3 b, N ; rt ;. r AMOUNT Out of School 1110-1930 $86,722.00 Resolution 2012-06 November 14, 2011 59 RESOLUTION 2012-06 •ATTACHMENT FOR SAFE AND SUPPORTIVE COMMUNITIES: Service Partnership City,of Miami Beach Contract # 1179-1090 The data reflected below is based on information submitted to The Children's Trust by 10/6/2011, for services provided through 9/30/2011. tiff..; ¢" it ,1: � s �10=11 CONTRA.., s' ALzPERFORMANCE SUMMARY ti _ uF:- _x...^s...36.u.�.ri...t� ;t} . --.- .• . _ .< ,. .« .. .r � rS, "4-d 4 .'v ..:iY'1. 91, s,t...i."M'Y .., #i S.n {v.. .. UTILIZATION: Population Types zDemographicsn 'ars_ Chlldren/YOki th Parents/Caregiver 1: Others 4 ". Population served: Children & Youth ages Ages 6-2, Ages 13-up sx'pt .." " Proposed # of participants to be served: 375 Actual # of participants served: 178 0 Actual Enrollment Achievement Rate 47% UtillzatiOn (measured m minimum session,pe�'client r ,.,, . , .. u. c. Y:- -,.r i ; ai~1,= �. . •3 � :totaled for,airactiyity.by_type)E'ag t _ a, h w � a . �LI rot r L >z ? t- _ Attainment e ; Nt 5 s ,.. ...,�4 , '°' � Pe rcentage,�� . n�4rc h ,a < r n , 1 .Ratings .. :rr ,. Type 1 Activities Overall Utilization (three or more contacts) 2255 1000 44% Acceptable Type 2 Activities Overall Utilization (less than three contacts) 686 547 80% Acceptable :OUTCOMES tir ' -'. C i'vement ,. " r ,Rating , 95 % of children/youth will accrue less than 15 unexcused absences after receiving services 100% Acceptable 80 % of children/youth will not accrue 5 additional unexcused absences after pre -intervention services are provided 74% Acceptable 65 % of children/youth will not accrue 5 additional unexcused absences after stage 2 services are provided 68% Acceptable 95 % of children/youth will not accrue 5 additional unexcused absences after stage 3 services are provided 92% Acceptable FINANCE.INI-ORMATIONFY':09 10 `r-,„ " r M �aU Iiiiationf;.k: f ', FT .' � Rating Total Contract Amount $300,000.00 ( ' ,,, A ' Total Contract Reimbursements- Inclusive of last request,�f- submitted by 9/15/2011, this provider's last request was for the month of 08/11 $132,6973cYij , { ' % of Total Award Spent 44% Acceptable Performance Review *M dXearr(Performanc0 µ "" Review Score is based on data collected and activities - e ' -.e. s: A o rs of 4 7� ' „performeddunng,fheNfirst�six+`rrionths=of�theco'nt�act.year��� $ k � � <z} + ; Score" z ' k . �: d U ^ �,y LYr � .; ' -` �'..t t �:f''"�"+�w �,,. �k�,. �;x,x��;,.x�a ,+���� x�� k ny f; k ' s Ratin � fir. '�i ��,f' �'� e�..} i 4( 'ohs �"f J 1., fp �';"'f'S;4�„r h ,., .n. Overall Program Performance Review Rating 87.14 Acceptable i - r f :" r , � �°. °r y r i^ ^•. 4 k` v 'sT ,.c.'..,� # e F�'L`nig �,r�s COMMENT$.. i m n 1 „',1 _ ' t : ..�+.. ..K^r `.R...'''- s,. J �n._�.. '7.a sin �t�_... v '3 i'.K/• $(� k in 9 1x51tt+�. i i ! �':y;�i i CIY 5 ]` - S+ if .,klc 4t" 4. . Other,Funiimg from i4he Children ,Trust Jt .• tAY 4..ek M�+, fi k C Y* u R- s , " , ,O.THER'ACTIVE CONTRACTS, , „ t r ,a_a : , :GONTRACT.",.,N OUNTE c, Youth Development 1176-1090 $124,061.00 Early Childhood Development 1128-1090 $150,000.00 Out of School 1172-1090 $309,180.00 Resolution 2012-06 November 14, 2011 60 RESOLUTION 2012-06 •• . f. ATTACHMENT FOR SAFE AND SUPPORTIVE COMMUNITIES: Service Partnership Fresh Start Family Services, Inc. Contract # 1103-7180 The data reflected below is based on information submitted to The Children's Trust by 10/6/2011, for services provided through 9/30/2011. ':Awigig144*-410- ," WOW' '.i. jii'l10f OkfkAtt L'bkFokMAnitE'Ulliit -'Nflt„..,,,.-Y.,:2.-,,,,Z, .5•4,--‘,.i: :-.-,e,e,t, , :4. ...:,,,.., ...-4. .,/,',,,,%. ..,. 7 ....,-_,-; , ., -;, . : .., ,fia.._,;.. - ,,,,.„,...... _.., ..,„ „.,..i 4.-.A-i, UTILIZATION: Population Types - • .,-,..-.., ..,,,-.-- •• z,..,,, .,,,,,,-„,,,,..,. '0ii.:106e4Pfli4VASitilifiWWItiii*-PZ0,,A,:,.9, ,..,-1,,,- , • ,,,far,,i,,,, ,;.F..i.c.t111gr.,PrYA9utt),:w-bV1-#41?rPrqs1(4T,O.g i ”.,..6.4.. ,, ,, . 1 Y......1.,:34; L,,,i4,-1; :-.,-.. , , , ,..,,,,,, -''''''X•,,,A,,,;:::pq, t:4-in-4,,wt...... erig-A.-4,,, Population served: Children & Youth ages Ages 13-up RVANMFirRkPIIPSittif'i- ,MONEV Proposed # of participants to be served: 198 Actual # of participants served: 44 Actual Enrollment Achievement Rate 22% :,.ljtililiatiPriei(Maii10Mii:iiiWieirOraerTdllelie tc.iCit-alo'ciffisTqtWaTili)40404-)P43,0taRgAra4M :.331.1i-5`Cal-.7q:iiti '''1:199.-§4-19-i'W 1:APlirri,it;‘,1 . !ZW.-57,:ffiVZ,4ff;:v '-'47.r-Rt9-F-45 ..1;k. ‘,:' ''RVP9iq' Type 1 Activities Overall Utilization (three or more contacts) 600 184 31% Unacceptable Type 2 Activities Overall Utilization (less than three contacts) 470 209 44% Unacceptable OUTCOMES: S*iOYS640ot aR IgRTgif )' M;vA*iro- n,Rating. '..fAjet"'t'''etliyl-il,",-tMt*lit.,q:AVys.47..1„,,4,, 95 % of children/youth will accrue less than 15 unexcused absences after receiving services 100% Acceptable 80 % of children/youth will not accrue 5 additional unexcused absences after pre -intervention services are provided 40% Unacceptable * 65 % of children/youth will not accrue 5 additional unexcused absences after stage 2 services are provided 82% Acceptable 95 % of children/youth will not accrue 5 additional unexcused absences after stage 3 services are provided 58% Unacceptable * ;FINAkcEANFoRritkridtsfilrk: ;', lamiiiigz, • Ne,tg 4 ',.0.V Utilization : -krli :4'1111.a.:44tq4, , 4=11:;,'',MV:t4tr*, "100A0Viq`kg.;'zi'N js41k ,. . , ,.. Total Contract Amount $400,000.00 ..i-j:74'Ell;:firafinffeitigriTWIST;-..bri.i Total Contract Reimbursements- Inclusive of last request submitted by 10/15/2011, this provider's last request was for the month of 09/11 $307,801 - iT. % of Total Award Spent 77% Unacceptable * PkfciriiiineeReiheig;Mid=Y011.,t,:eff§iiii*Klf,2,7 r-ReyievirScor,eqs:base7don,dataxotle.dted.and=actiVittes?4-,4,.. ji6i-fi;lfriigtiYaiiirnglil341fiRegriC4i-146nt1176.iiC617ilrgiggil):4::1, % ,..f- " : 1" 41, .,.! „ ' "-_ ",„,,f.'- ' Score , 4. ' , 7 ,,,,,, 04 17; .,•i,.:. - -, - -; " ,,,,,-- - , atin IL- - -4e1 .,. : Overall Program Performance Review Rating 44.77* Unacceptable* g'IW141V::tgAgtRVSNtdit4t:tMW3/V-eatgtW411'COMMENTSM.TtWniZgStggkNMFVMAOMAViifPig'M *The low midyear performance score is due to several factors, some of which were out of the control of the provider. There were initial challenges gaining access to the schools and therefore the target population, initial start up delays for a first year program and the timing of the services since summer fell in the middle of the contract period are all contributing factors. Although many of the numbers remain low, The Children's Trust has provided technical assistance to this provider and we are confident that in Year 2 the outcomes as well as the contracted numbers to be served will be met. ..,t.:4*-4.4.:dtT;i14.4.;44:III4f,Id;W*,..01314;i-4;-;1-7:;45%-:la:fi-;11,4,:v.,..- .,,,., from;,i_ --3,,z,-,,,.-;,-a, ;tczi.n.;d,;.;044',,Pgq,w1,j,w7Ijl'tet',-1-'Ii-tAf'YtlIif:=V'gyb,'",,W.N. Ilrt..v..f;-;-,txF!,rqiT-'IPg:!VPiK!''9!;Tl,!P!!;:.i.tI.,,74t:4Y)-5-;q5Z-gOM4-ytrZf,,vA,c,5: .,:07:HFRIAcTivEsooNTRAsTSF5EMiZEirdiaMOZWIN;a7 aracONTRACT46.71:, .. rldfal:Witt7ti.;•7.0.100NVT.:6-ttt P4i, ... .. , .. ., .: ... . . . . . . . . Resolution 2012-06 November 14, 2011 61 Officers/Executive Committee Maria A. Alonsn Chair Chet Zerlln Vice Chair Dr, Josee Gregoire Secretary Hon. Isaac Salver Treasurer Dr. Rosa Martin, Chair Childhood Health and Development Dr, Gina Cortes-Suarez, Chair Human Resources Dr. Miguel Ba!sera, At -Large The Board of Directors Donald I. Bierman Alberto M. Crarvelho Llleana de Moya Bill Diggs Carolyn Donaldson Com. Audrey M. Edmonson Terris Flakes Dr. Thresia l3, Gambon Benjamin F, Gilbert, Jr, Dr. Nora Hernandez -Hendrix Nelson MinrePie Alina T, Hudak Fedrick Ingram EstherJacobo Rep. John Patrick Julien Dr. Martin Karp Pamela Lillard Roymi Membiela 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 Attorney's Office Legal Counsel The Chi1dre sTrust November 1, 2011 Esther Balsera City of Miami Office of the Mayor 444 SW 2nd ave Miami, FL 33130 RE: Collaboration Contract # 1103-1930 Dear Ms, Balsera: The Children's Trust is issuing this Service Authorization to allow City of Miami Office of the Mayor to provide Collaboration services beginning November 1, 2011, while contract negotiations continue, However, please be aware that this service authorization is only valid for a maximum of 90 days, It will expire not later than February 2, 2012 or when the contract is executed, whichever first occurs. During the periodcovered by this., Service Authorization letter, ,City. of Miami Office of the Mayor must comply witWailrequirements of the core contract, including those of all relevant attachments as ernailed to your agency and/or posted on The Children's Trust's website (www.thechildrenstrust.orq). We have changed our policy this year on insurance certificates. The Children's Trust now requires all applicable ,certificates of insurance to be filed with and approved by The Children's Trust prior to or co encing with the services authorized by this letter. In addition, all background screening for direct services staff must be completed prior to employment, as mandated by Florida law; and, you must submit a current financial audit or obtain an audit extension from us, Program activities are expected to be provided in accordance with your draft Scope of Services, and only expenditures for allowable expenses directly related to the services will be considered for future reimbursement. Your agency will be responsible for any costs incurred that are not allowable and Included in the final approved budget. Any applicable data reporting, outcome assessments, satisfaction surveys, etc. will also need to be submitted by the contractual due dates. The Children's Trust reserves the right to withhold payment until proper documentation has been submitted. It is critically important to execute timely contracts. You will not be paid on any invoice submitted until a final budget is approved in SAMIS as part of your executed contract. SAMIS training is ongoing and if your agency has not been trained it must be in order to commence the process to submit an approved budget. Your assigned Contract Manager is available to assist you with whatever technical assistance you may need to successfully negotiate your contract and forward it to The Trust for execution. Please sign and return this Service Authorization within ten days of this letter's date. If you have questions about the negotiation or contract execution process, please contact your assigned Contract Manager, Rachel Spector via email at ...... _._. Rachel@thechiidrenstrust.org or by telephone to (305) 571-5700. • 3150 SW 3'd Avenue, 8th Floor, Miami, Florida 33129 • Tel: 305-571-5700 / Fax: 305-857-9592• www.thechildrenstrust.org Page 2 City of Miami Office of the Mayor Contract #1103-1930 We look forward to our continued relationship with you and appreciate the work your agency does on behalf of the children and families of Miami -Dade County. Sincerely, 1--) J `J Modesto E. Abety-Gutierrez President/CEO I agree to the terms and conditions described in this Service Authorization. 1 ' lti Signature Author' .ed Resentative Print ham cc: Contract file ��� j Al fireZ_- 3150 SW 3nd Avenue, 8th Floor, 141iami,'Florida 33129 Tel: 305-571-5700 /'Fax: 30S-857-9592e www.thechildrenstrust.org Attachment A Scope of Services — Service Partnership Contract No: 1103-1930 Agency Name: City of Miami Program Name: ,City of Miami Truancy Reduction Plan Contract Amount: $634,007 Program Summary: The Truancy Reduction Plan is a service partnership with the City of Miami, Miami -Dade County Public Schools, Eleventh Judicial Circuit Court, Clerk of the Court, Switchboard of Miami, Inc., Florida Department of Children and Families, Florida Department of Florida Department of Juvenile Justice, Big Brothers Big Sisters, ConnectFamilias, PsychSolutions, New Horizons Mental Health Community Center, Inc., Regis House, Inc. , and M-DCPS Police Department for the planning and implementation of a truancy intervention program, truancy court, and positive behavior strategies to improve student attendance and performance. 1. Program Schedule: Implementation from November 1, 2011 — July 31, 2012 for Extension. 2. Target Population (Include numbers in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): taf f`y`k t''i:✓t-^ ir;:a1 4�'db r\ �'x �} } d ,- } r�J It fi., �H' ( k t �, # A ,a fi & r Population ; i ' s k z T:Ls'�' 1,a - 3 and a .dt9 'rE } .r-: a'�.t. �F4,_4..ss i1 1d..,'.x _, k�stt„�. '�, .:w ...�: R. �v� � �.5 �d-:�^� ,. f�' J .. & Total number of. r r, unduplicated participants ex ected,toreceive P,rx ntensive TYPE 1 services '',in tended contacts) s r"r 5� 4rc. _ d'r-3 .. ,,._a o- a)r^,:ll r � Total `numberof t yr LA 1 s k flCY participants expected ,o receive TYPE 2 services (less`thair: , a � nteiid'ed co`ritact)_� Children/Youth 1500 students 500 students Parents/Primary Caregivers n/a n/a Other populations (e.g., staff professionals, general public) n/a n/a a. PARTICIPANTS BY AGE: Total estimated number of TYPE 1 (intensive services, 3+ contacts) participants to be served by age group. b. Description of participants to be served (describe criteria for program enrollment eligibility, geographic areas/neighborhoods or schools to be served, risk factors, as well as any other significant demographics information; if servingchildren with disabilities, include type of disabilities): The Truancy Reduction Plan serves 1500 students combined, ages 5 — 18 years, who have 5 or more unexcused absences and attend Miami Senior High, Miami Jackson Senior High, Allapattah Middle, Citrus Grove Middle, Shenandoah Middle School, Lenora B. Smith Elementary School, Santa Clara Elementary School, Citrus Grove Elementary School, Kensington Park Elementary School, Shenandoah Elementary School, Miami Edison Senior High School, Miami Edison Middle School, Edison Park Elementary School, Toussaint L'Ouverture Elementary School, Shadowlawn Elementary School. Of the ',�12 25.7 number of students in all fifteen school locations will receive a pre - intervention letter.µ 3. SERVICE LOCATIONS: (OOS providers will use a separate Appendix for Sites): Include the estimated number of TYPE 1 participants to be served (intensive services, 3+ contacts) at each site. Provider ANe..r' . Site`Name ter, .,.. �.. �r.�;.,`�,E,w Address .' Ci s. a., .. -ate7 , �.�,. ZIP Codeam �, �, . X children ,# ` CWD, f. # x _ Parents Other. Sri Location 1 Allapattah Middle School 1331 NW 46th Street Miami FL 33142 75 25 0 0 Location 2 Shenandoah Middle School 1950 SW 19th Street Miami FL 33145 75 25 0 0 Location 3 Citrus Grove Middle School 2153 NW 3rd Street Miami FL 33125 75 25 0 0 -Location 4 Miami Senior High : 2450 SW 15t Miami FL 33135 75 25 0 0 City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 1 Provider , � am ?Sete Name y'" ` wk r �.����..,.�:.����....<h..�:.r... A'cldress ,�.Y,� �:��,.-.�..,.� .......- "Cit y e_..6�..M State' a ZIP Code ` r � :� M� # ' C hildren , .._ , ... # CWD .._.. '# x a ,.: �Parerts �..°Other.. School Street Location 5 Miami Jackson Senior High School 1751 NW 36th Street Miami FL 33142 75 25 0 0 Location 6 Lenora B. Smith Elementary School 4700 NW 12th Avenue Miami FL 33127 75 25 0 0 Location 7 Santa Clara Elementary School 1051 NW 29th Terrace Miami •FL 33127 75 25 0 0 Location 8 Citrus Grove Elementary School 2121 NW 5th Street Miami FL 33125 75 25 0 0 Location 9 Kensington Park Elementary School 711 NW 30th Avenue Miami FL 33125 75 25 0 0 Location 10 Shenandoah Elementary School 1023 SW 21st Avenue Miami FL 33135 75 25 0 0 Location 11 Miami Edison Senior High School 6161 NW 5th Court Miami FL 33127 75 25 0 0 Location 12 Miami Edison Middle School 6101 NW 2nd Avenue Miami FL 33127 75 25 0 0 Location 13 Edison Park Elementary School 500 NW 67th Street Miami FL 33150 75 25 0 0 Location 14 Toussaint L'Ouverture Elementary School 120 NE 59th Street Miami FL 33137 75 25 0 0 Location 15 Shadowlawn Elementary School 149 NW 49TH Street Miami FL 33135 75 25 0 0 4. Performance Measures: a. Quantity -'How much will we do?" Type 1 activities are intensive services, activities which participants are intended to receive generally three or more contacts, and include the core program activities. The table reflects the unduplicated number of participants to be served and the number of required sessions for each participant to attend for the program to have an impact. Type 2 activities are less intensive services, events which participants attend one or two times, and generally activities intended to serve as enhancements to other core program activities. The table reflects the total number of participants across all events and the required sessions are the total number of events that will be offered. TYPE 1 ACTIVITIES (3 or more contacts with participants) Activities/Service, Npre;&"Description (Include frequency, length & duration of,, sessions, as well as thelnumber of, cycles .,'2-- kpectedwto4iec.offered) # of xChildrenu & Youth # of 'Parents # Others;: # Required Sessions % to ' meet Required Activity Type 1 W or 2 sw TRUANCY INTERVENTION PROGRAM - TRUANCY 1500 0 .;.. 0 , 3 85% 1 - :-.:. CHILD STUDY TEAM MEETINGS AND FOLLOW UP Prior to Level 1 - follow up activities will be conducted with students who attain an absence or had a prior history of poor :attendance. • FU Home Visit • FU Parent Conference • FU Student Conference • . FU Coordinating Services with Outside Agencies 2 City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 ctwris/Servce Name &Description f. l . �' Y 4. T i (IncIudel frequency, length & duration of sessions,as well as the number of cycles ,, •< hr =5 w +`- xpected to.;'be,offered):�.,,��,` � # of Children &`Youth .... _� f.e- `" # of Parents ; , Ai Se # Others �' t+*.E # Required Sen ssios x �..< % to fit" s ymeet Required _ ,_..: �.4n .''r.3 Activity° �! t'E Type 1 or 2 b1' . .,......, • FU Monitoring Student Attendance • FU Phone Call • FU Parent Letter • Initial letter to parents (tracked as Type 3 activity) Level 1 Students accruing five (5) or more unexcused absences would be scheduled for a Truancy Child Study Team (TCST) - Level 1 Meeting. Each school has an attendance team which consists of a school site administrator, school guidance or trust counselor, teacher/counselor, parent/guardian, and student. If the student is involved with any other outside agency that the school knows about, they would be invited to participate. Parent, student, and attendance team all sign the Truancy Child Study Team Intervention Plan. The teacher/counselor conducts case management and follows up (FU) with the cases. This is a care coordination process. FOLLOW-UP ACTIVITIES FROM TRUANCY CHILD STUDY TEAM MEETINGS • FU Home Visit • FU Parent Conference • FU Student Conference • FU Coordinating Services with Outside Agencies • FU Monitoring Student Attendance • FU Phone Call • FU Parent Letter • FU Participate in court for students with delinquency for truant students who are delinquent and/or dependent Level 2 If student accrues five (5) more unexcused absences after a TCST-Level 1, a Truancy Child Study Team - Level 2 Meeting takes place with all parties involved, including outside agencies working with the family since the Level 1 meeting. The truancy child study team will review report and interventions from the Level 1 meeting. Based on the needs of the student and family, the team will prescribe new interventions or modify the existing plan to help improve.the student's attendance. Follow Up is the same as after the Level 1 3 City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 Activities/Service Name"& Description" z 4 s Ei 4 s :� (Include frequency, length'& duration of sessions,as wellas the number ofcycles� v�r n ..ws'.°."St �y' ;.vi : Y 5 u.^%�'Y �.<. expectecbto be. offered) _. ..a .g - �^se P.d✓r71'�i' # of Children`, �& Youth: ➢"M Y F n " 3e'k xe...iU'S: #`of 4 w' i J Parents 3 x Z Z" i. ti �, Ji.e, �.... t # i Others Get z a..4 a.,.. Aa.. # - t Required Sessions fk S45 , z� ...,..w r.._.�i.. . O to .v t meet Required H , � :. ..f .. F '�.,s*.. Activity Type 1 'or 2 k 3 _K .i#., t*.: r4 ..,��. meeting. Level 3 If student accrues five (5) more unexcused absences after a TCST-Level 2, a Truancy Child Study Team — Level 3 Meeting takes place with all parties involved, including outside agencies working with the family since the Level 2 meeting. The attendance committee will review report and interventions from the Level 2 meeting. Based on the needs of the student and family, the team will prescribe new interventions or modify the existing plan to help improve the student's attendance. Follow Up is the same as after the Level 1 and 2 meeting. Truancy Court This is the activity that we are trying to prevent, hence the low number of participants. When a student/family has had a TCST — Level 1,2, and 3 meeting and continues to demonstrate truant behavior, a staffing takes place at the school to determine if all intervention procedures were followed. If so, a Truancy Court Petition is filed by the Superintendent of Schools with the Clerk of the Courts, under Florida Statute 984.151. Hearing (Preparation of Student Case Summary) The initial court hearing is scheduled to be held within 10 days of the filing date. On the date of the truancy hearing, selected staff from Miami -Dade County Public Schools and the City of Miami appear in court to substantiate the truancy petition. The judge or hearing officer hears the petition and will ask the parent/guardian if they are in agreement with participating in a family conferencing session for the purpose of resolving the truancy issue. When all parties agree, the judge orders a Family Conferencing Session to take place within 14 days. Pre -Family Conferencing Session Immediately after the initial hearing the teacher/couhselor schedules a pre -family conferencing session with the student and parent/guardian. The purpose of the pre- family conferencing session is to discuss with the parent the purpose of the family conferencing session, and also to identify key people in the lives of both the student and 10 0 0 3 85% :.:, 1 4 City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 Activ ties/ServiceName & Descriptions Include`fre uenc `'n th'& duration le of q Y. 9 t � sessions,'fas wellias €the number of cycles 3s �. :. , `. }'. ,,,, expected�to be.offer,.ed)...,., # of u , }Children a sou &Youth x ; # of Parents # `< h Oters # Re uired; 9 q Sessions =� pt.: �.....,. fr r% to ' ; meet ": x h , Required t tl k 51 �(' i4 =... Activity T 1 Yp e or z } �{ .t . the family that they would like to participate in the family conferencing session to provide support. The teacher/counselor then advises the parent/guardian of the date and time of the family conferencing session. The teacher/counselor will coordinate with the selected school personnel, City of Miami personnel, and personnel working with the family from outside agencies, and the identified individuals by the family to invite all to attend the family conferencing session. Family Decision -Making Conferencing Session The family decision -making conferencing session centers on the child. The purpose of the meeting is to show the child the support system he/she has around them. Everyone contributes to the session, but the session is led by the teacher/counselor. As the family conferencing session is being conducted, an attendance action plan is prepared simultaneously. At the end of the session, an attendance action plan is in place. Everyone in the session has input as to what should go on the plan that is relevant to the specific needs of the family and child. The plan is then signed by all of the attendees. The Family Decision Making Conference that is strength based and supports care coordination. 2ND TRUANCY COURT HEARING At the second truancy court hearing the judge or hearing officer is informed of the results of the family conferencing session. In addition, the attendance action plan is submitted to the court for the judge's or hearing officer's review. The judge or hearing officer will ask all of the participants if they are in agreement with the plan and intend to carry them out. If all parties are in agreement, the attendance action plan is then ordered. The judge will set another date for a truancy status hearing. TRUANCY STATUS HEARINGS The purpose of the truancy status hearings are to follow-up to determine if the student is making progress with attending school on a regular basis. Any concerns that may arise are addressed at these meetings to ensure that progress is maintained. If after several • ' 5 City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 Activities/Service Name & Description` x l , f 3� D ! /'% . 1 rf. (Include frequenc}y, length &duration, of t sessions, as well as the number of cycles, expected to'be,offered ,nt # of . . Children & Youth' F # of l Parents k # Others « # Required Sessions % to ' meet Required Activity L A y Tsype 1 o truancy status hearings the judge or hearing officer -feels that the student no longer needs , to be monitored, the court sets a Termination of Jurisdiction. In the event that after a period of monitoring the student has made no progress and/or has reverted back to the truant behavior, the court will terminate the case as "Unsuccessful Disposition of Truancy." Once the case has been closed a CINS/FINS will be filed. TIVITIES (LESSTHAN 3cCONTACTS WITH PARTICIPANTS; Activities/Service Name & Description # of # of # # % to Activity (Include frequency, length & duration of Children Parents Others Required meet Type 1 sessions, as well as the number of cycles expected to be offered) & Youth Sessions Required or 2 Positive Behavior Plan 500 0 0 1 85% 2 Perfect Attendance Certificate - End of the Year TYPE 3 ACTIVITIES (Other deliverables that are not direct services) ctivifes';Name`&;;Descriptioi Initial Letters to Parents A letter from the Miami Dade Schools Police Chief is mailed to the parent/guardian of the eligible student advising them of a meeting. b. Quality -'How well will we do it?" Description of the required program Quality measures. ou nt-? umber:;" 12,3'57 Quality Measur,le!�..�'' k it' O hm ,'Y K..K & '-+T ";t4, (e g #/% of participants satisfied 3wlthr'x a? ,:.: program, ; ; y x-.>. ? Measurement and Re�7ortin Y c`u;d .+1�,. r'-c 1' . 'V Sg y" Tool . (e g <;,-Satisfaction Survey), - . k� :. . Timm (e :g , After.completion,of Type XX . activity '. .., ., ..... 75%/1500 of the participants Satisfaction Survey Any of the Type 1 Activities c. Outcomes - Measuring "Is anyone better off?" Description of the required program Quality measures. x Outcome an'd target % a+')Data (e6 85% of children/youth/parents :s ` i^9`r ` eP+, �r§ wN� {,!will �) t` 3� Y 1xr k�j2n r Source/Measurement Tool (s) Describe 7 § Meaningful Improvement �, Timing (e g , After completion s of Type XX activity) Associated Activity S {:. .,.(', Increase School Engagement Cohort 1, returning participants: 70% of children/youth (cohort 1) will not accrue more than 10 unexcused absences within the school year. -:Attendance Reports . Attendance records will be reviewed weekly and reported at the end of the school year. Truancy Prevention 6 City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 sz Outcome % and at et "' t g :6', `85% ofchildren/youth/parents 7k will ° t)Ff r ci 'a. `� -'' Kk 5hwr gr� 9 �. •us z ...,...: Data Source, Measurement ,, ' 3Too1 (s) Describe; ; � Meaningful Improvement e:` }1 Yr�.a� �.. �.,�At ti� �. � � Timing x (e g , After` completion of Type XXractivity) .. .... �'. Associated fi R�kActivity Increase School Engagement Cohort 2, new participants: 80% of children/youth (cohort 2) will not accrue more than 10 unexcused absences after pre -intervention services are provided (no needed TSCT meeting level 1). Attendance Reports Attendance records will be reviewed weekly and reported at the end of the school year. Truancy Intervention Increase School Engagement Level 1 participants: 60% of children/youth will not accrue 5 or more unexcused absences after the TSCT meeting level 1 (no needed TSCT meeting level 2). Attendance Reports Attendance records will be reviewed weekly and reported at the end of the school year. Truancy Intervention Increase School Engagement Level 2 participants: ° 60 /o of children/youth will not accruereported 5 or more unexcused absences after the TSCT meeting level 2 (no needed TSCT meeting level 3). Attendance Reports Attendance records will be reviewed weekly and at the end of the school year. Truancy Intervention Increase School Engagement Level 3 participants: 85% of registered participants will not reach truancy court. Attendance Reports Attendance records will be reviewed weekly and reported at the end of the school year. Truancy Intervention 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, or constitute best practices that have been approved by The Children's Trust because when performed with fidelity they should deliver analogously high quality services. Listed are the evidence -based programs (if any) that will be used during activities/service delivery. For information on evidence -based programs, visit The Children's Trust website. Evidence -Based Program . I 1:• Designated Agency Activity/Service Name - (from•section 4 above) Truancy Child Study Team, Meetings , Miami -Dade State Attorney's.Office Truancy Intervention Program Prior to Level 1 & all TCST Meetings Family Decision -Making Conference. The -Miami Model Court Family - . Decision Making Conference Program Family Decision Making Conference City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 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 Position Management module of SAMIS. x ' Position�(specify staff,, d f A , ., F d5T" /"a �f z, volunteerorrsub contra Citorl '�Nd ..�J.�},xi.e' J 33:'3: # 1 STAFF f ? a F.�T/PT i F .! �, i '9/ of, Pep Effort �iF`!V�"'4 A Qualifications Required,T � n {z ' Education & Experience ` s •C. ski S i+ ss ,_ m ,' ; J Duties 1 �•Y r ,? y .�Jri % ,.;., ^r f ` fk'+. < y Program Director 1 Full- Time 100% Masters Degree or higher; minimum 3 years experience directing and developing programs that address core adolescent issues and concerns. Research best practices, coordinate and facilitate meetings, analyze data, draft reports of findings Oversee TIP and Truancy Court functions and manage grant expectations and data collection. Facilitate collaborators' communication and assure that planning coordinator's input is put to use within the current pilot program. Truancy Intervention Program (TIP) Coordinator 1 Full- Time 100% Bachelors Degree in education, human resources, related field; minimum 2 years experience working with programs that address core adolescent issues and concerns. Identify students, distribute and print letters, schedule Truancy Child Study Team Meetings, attend meetings, oversee teacher/counselors at each school and work closely with the Program Director. TIP Program Specialist 1 Full- Time 100% Bachelor's Degree equivalent and at least one year experience with data entry. Support and assist TIP coordinator with phone calls, mailings, filing, and drafting of minutes of all meetings and data entry. Teacher/Counselors 7 Full- Time 100% Bachelors Degree in counseling, social work or education related field; minimum 2 years experience working with programs that address core adolescent issues and concerns. Provide interventions to the students and families exhibiting a truancy problem; participate in Truancy Child Study Team Meetings; conduct home visits; conduct family conferencing sessions; appear in court when necessary. .,3- kb,.....In .... ., ...., a tiw.' t. t{ & Ki"rid Staff X .s:. .,..r., ,, .:�..,zs .dAJr, %: 2. C..G I r:;'� :P;9?„:2 �^"°i rt. x . osition'(specify staff, X`L i ?Z w �*= volunteerdor sub ,�. y D K '� contractor) e./.,.i.3 W b*.»..w,iSv ,,..a.0 . N t Y # STAFF > i.. y. FT/PT'� f k .., o.,xi..c,. % ofr doh Effort�� � LY ik.v ,� u..d Qualifications Required HF Education & Ex erience p u 4+ s . ..,. .._.. Yi. �...., .. . rt �s '� A tDUtie$ �; >, ..4J, 85,'T ... iS....... ..... ..�.. x..., .. ..r Education Initiatives Coordinator City of Miami 1 5% N/A Provides fiscal & programmatic management.-. ... _ .. Director, School Operations/Special Programs .;:,1 •; :. •, 5% 'N/A Supervising program director and teacher/counselors and supervisors reporting to his City of Miami -Truancy Reduction Plan Contract 1103-1930, Resolution 2012-06 Mianni'DadeCnunty Public Schools ` . work location. Inaddition, the director is the appointed superintendent's designee for filing truancy petitions and represents the superintendent inall truancy proceedings. School Site Administrators 30 1096 N/A 30 School site administrators are responsible for ensuring that all elements of the Truancy Reduction Plan/ Truancy Court Pilot Program are adhered toatthe school site. In addition, a designated school site administrator will participate inall truancy child study team meetings at their school site. Support Personnel Miami -Dade County Public Schools is 1096 N/A 15 Designated staff from the student services department at each school site will participate ipaUhnancychild study team |eve|meetings. These individuals also provide expertise when determining academic placement and other programs that is in the best interest of the student. City mfMiami-Truancy Reduction Plan Lonrract Period: gra Organization Name: ;city of Mtamc :Truancy Reduction Program,; -,.; November :1,,2011-July:31 2012 9 Program Budget .Areas in Blue to be completed by the Agency List Full -Time Employees Position Annual Salary (12 mths) ,lnsert:Program;Penod ^s a •.,.,,,,,InsertProgramiPeriodrs Requested Funding Matching Funds Amount IAmount TCT Line item 1-Education Initiatives Coordinator ':54,000.00 0.00 10% 5,400.00 The City's Education Initiatives Coordinator assures contract compliance, fiscal responsibility and coordinates the Implementation of the program between all parties involved. $300 per pay period x 18 pay periods= $5400.00 Tip Program Specialist ' 14,255:43 14,132.43 Full Time Total - , ,. a:_l List Part -Time/Seasonal Employees art -Time Totah�+r�,,,._ 14,132 43 0 10 5 400:00. 0.00 0,00 0.00 •l= 000 0.00 0.00 10% 10% • 10 % 0.00 0'00 Salary for 3 months: $14, 132.43 + Insurance - $ 123.00 ($41.00 per month) Total Line item 11 2% 3Wo TOTAL FTEs/SALARIES .00 $14,255.43 .40 $35,400.00 FRINGE BENEFITS Fica/Mica Rate: 7.65% W-Comp's Rate: Unemploy Retirement Rate: Rate: 0.00% 0.00./o• Other Specify & provide calculations Health Ins. Cost per Staff Life Ins. Rate: 0% Sick, Vacation, Rate: 0:00%. Holiday TOTAIifFRINGE'BENEFITS z, , PROGRAM OPERATING EXPENSES _/ Travel (other than participants) Travel (participants) Meals (participants) Space (rent of a building) Utilities (e.g. telephone, utilities) Supplies - office (e.g. paper, printing, postage ) Supplies - program (e.g. curricula, books ) • Non -Capital Equipment (Iess than $1,000) (List -each) - 1,081.13 2,708.10 0.00 0.00 0.00 0.00 0.00 $1,204.13 350.00 425.00 :11;051.91 Attachmenl-B,-Gontraet pR•solutioriij Capital Equipment (greater thali $1,000) (Llsfeach) 0.00 The provider is a fully reimbursable entity and as such does not incur any premium charges. They reimburse all costs incurred due to former employees claiming unemployment benefits on the basis of actual charges incurred. As such, there are no specific premium charges being incurred for unemployment insurance. 0.00 $4100 per. month . O% 0% 2Wo 7°%o $2,708.10 TCT Fringe is 8.44681640609929% of TCT Requested Salarie 0% 1% Bus & Metro -Rail passes for parent conferences, truancy $3.50 (Roundtrip Fare) X 100 PARTICIPANTS = $350.00 MEALS - FAMILY DECISION CONFERENCING SESSIONS Cost of Meal per Person: $4.25 Total Cost $4.25 x 10 = $42.50 per.conference Grand Tota= $42.50 x 10 =$425.00 Supplies per Month:$1227.99.x 9 months f -This money is being utilized.to,purchase basic needs items,for .students to ensure that, they. go.to;schooli.school uniform: :- vouchers'which: includes bookbag,••schoolf supplies„and certificates for perfect attendance recognitlon and Improved; attendance .recognition. ..$3658.76`per month x 9 months •Pag 0% 0% 0% 0% 0% 0% 0Wo 0% 0Wu 0% 2% 2% 0% 0% 0% 0% 0% 0% e1of20% 0% ec 4/1Q o/a 0 % Program Budget Subcontractors (List each) 22,861.42 Miami -Dade County Public Schools : 522,861.42 Professional Services/ Independent Contractor Professional Services - Additional (List each) Clerk of the Court Family':Conferencing'Decision Making Professional. Development oices'et ai Inc Other Advertising 3,164.25 Background'screening, Admission to'field trips Other - Additional (List each) TOTAL OPERATING EXPENSES: $594,037.98 Administrative/Indirect Costs (Can not exceed 10%) '.TOTAbBUDGET 39,969 02 $634,007.00 6% ri 0:00 See. Subcontractor Budget L 30 000 00 30,000.00 Clerk of the Courtis responsible for generating truancy court summons, setting couitdates, entering court hearing information into the:Miami Dade. County. Mainframe System; maintaining truancycourt files; and appearingat all truancy court hearings. Clerk of the Court is responsible for generating truancy.court summons, setting court dates, entering court hearing information into the Miami Dade County Mainframe System; maintaining truancy court files;. and appearing at all truancy court hearings. Clerk of the Court will be paid 2.8 hours at an average hourly rate of $22.29 (2:00 p.m. - 4:45p.m.) and .8 hours at average overtime hourly rate of.$26.75 (4:45 p.m. - 5:30 p.m.) = $89.16 +. $37.40 (Fringe @ 41.95% 3S ALREADY INCLUDED) fora grand total of of:$126.57 a day..$126.57x 25 days'=$3,164.25 - Choices et al, Inc.: will provide professional development in the Family Conferencing Decision Making Model.'Preperation and Supplies: $1,440.06 (12 hrs. x $120.00) 3 Day Training:-$ 2;880.00 (8 hrs. x 3'days x $120.00 per hour); Follow -Up Training & Co -Facilitation to Complete Certification $3,500.00 (10 sessions x 3 hrs. x.$120.00) 3 OAO oaoo $30,00000I .•.r $38,108.10 0% 0% 0% 0% 0% 0% 82% 78% 82% 78% 0% 0% 0% 0% 0% 4% 0% 4% 0% 0% 1% 1% Q% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 94% 93% 6% 6% 102% 107% Attachment 8, Contract #_, Resolution #_ Page 2 of 2 Rev 4/10 • Organization Name: City of:Miarni Mayors Office ,Truancy Reduction Program • Subcontractor Name:IMiami-Dade County Public Schools. ., M-DCPS - Subcontractor Budget Contract Period: November 1, 2011 =,)uly 31; 2012 PROGRAM BUDGET SALARIES List Full -Time Employees Position Program Director Annual Salary (12 mths) 75,049.56 months Areas in Blue to be completed by the Agency .';,T nsert!P.rogram. Period ;.'.:/ Requested Funding IPTio (Amount. 64, 873.59 InsertProgram Period;;,` Matching Funds Amount..._ 0.00 •Research bestpractices, coordinate and facilitatemeetings,. analyze data, draft reports of findings Oversee day to day operations of TIP and Truancy Court functions and manage grant expectations and data collection. Facilitate collaborators' communication and assure that planning coordinator's input is put to use within the current pilot program. Also.recruitnew service partners. Salary for 9 months = $64873.59 without Fringe Retirement (4.92%) = $3,192.00 FICA (7.65%) = $4,963.00 Insurance = $8,216.00 Workers Comp/Lia/Unemp.(2.65%) = $1,719.00 FRINGE TOTAL (15.22 % + Insurance) _ $18,090.00 FRINGE + 9 MO. SALARY = $82,963.59 7- Teacher/Counselors (10 months) 1- TIP Special Programs Specialist ,� Full Time Total List Part -Time/Seasonal Employees Miami pade CountyPublic Schools Police :3 District•'Director , 30=School Stte Administrators,_,. •15-School Su w,Pait-Time Total _. 49,273.77 . 50,000.00 45,000:00 : 20;000.00 100,000 00 562,500.00 187,500.00 TOTAL FTEs/SALARIES 700% 8.00 217,738.49 38,915.09 33,941.92 '355,46909 10,414.86 0.00 0.00 0.00 0.00 'i0;414 86 $365,883.95 10% 10% 10% 0.00 0.00 0.00 t)00 0.00 10,000.00 56,250.00 18, 750.00 0.00 .30 $85,000.00 Wilfbe the care coordinators' at the identified schools. (Total. Salaries for 9 months for 7 • Teacher/Counselors) = $217,738.49 without Fringe Retirement (4.92%) = $10,715.00 FICA (7.65%) = $16,661.00 Insurance = $8,216.00 x 7 = $57,512.00 Workers Comp/Lia/Unemp.(2.65%) = $5766.00 FRINGE TOTAL (15.22% + Insurance). $90,654.00 FRINGE + 9 MO. SALARY for.7 Teacher/Counselors = $308,392.49 Identify students distribute and print letters, schedule Truancy Child Study Team Meetings, ettend.meehngs oversee teacher/counselors at each school and work closely with the Program;Director Salary for9 months.-?$38 91509"without Fringe Retiremen $2 978 00+Insurance $8 216 oo.Workers Comp/Lia/Unemp (2 65 /o) $1031: FRINGE TOTALi(1522°/ +Insurance) ,$14140 0 FRING9 MO. SA E+ LA RY $53 055 09 The TIP'.Speciel Programs Speeiahst currently assists,the Program.` Director with all aspects of the truancy grant:' „TIP Administrative..;:. Assistant maintains alfdatabases; preperes'statistical reports, assists with-momtonng.cfgrant deliverables: In aiidition;the/she is responsible for scheduling all truancy child; study team; meetings levels.l through 3 coordinates and prepares"locates.wth Miami Dade Schools Police Depertrnent:as needed; and also -links parents/guardians and students to`needed service. 0.00,TIP • PROGRAM.SPEICALIST Salary for6fmonths (F:eb 201 P-July 2012) .i$33 941ri92wdhoul rnnge Retirement •` (4 92 /°)='$1,099.00.00 (7.65%) = $1;709:00 Insurance = $8,216:00 Workers:Comp/Lia/Unemp.(2:65%) = 591:00 FRINGE TOTAL'(15.22 ) =.$11;615 00;. FRINGE :+, 9,t IO: SALARY =• $33:941.92 Miami -Dade School Police will locate students/families for the delivery. of TIP notification and for Truancy Court Summons. They will additionally followup with families:if they.doi.not attend a • required meeting. - • ;;$40.00iiHDUR X 260 • HOURS = $10,414.86 Retirement (4.92%) _ $513.00 FICA (7.65%) = $797.00 Workers Comp./Lia/Uemp. (2.65%) = $275.00 FRIGE TOTAL•without Insurance (15:22%)•=`1;585.00 Hourly .. Rate + Fringe =,$11,999:86 .. - .. Provides fiscal-and.programmatic management.. Supervising program director and teacher/counselors and supervisors reporting to his work location. IMiaddition,:the director is:the appointed superintendent's designee for filing •truancy petitions and .represents.the- superintendent . in all truancy Teacher/Counselors will be the care coordinators at.the identified TCT Line item % 68% 2% 70% FRINGE BENEFITS Attachment 8, Contract #_ R solutio # FICA/Medicare .... Rate: 07.63% 27,108.00 6,502.50 . Paget of 6 Rev 4/10 M-DCPS - Subcontractor Budget Workers Comp/ Lia./ Unemp Retirement Health Insurance Rate: Rate: Specify & provide calculations Cost per FTE: $8,216.00 Rate: Rate: 2.65% ... 4.92% OTAI FRINGE.BENEF.ITS t' 9,382.00 17,434.00 82,160.00 $136, 084.00 2,252.50 4,182.00 $8,216.00 x 10 full time -staff personnel only $12, 937.00 M=DCPS Fringe of 13.79%•plus•FICA above. For 21.44% Exceed 30% of TCT Requested Salaries TOTAL PERSONNEL COSTS: PROGRAM OPERATINGEXPENSES Travel (other than participants) Travel (participants) Meals (participants) Space (rent of a building) Utilities (e.g. telephone, utilities) Supplies - office (e.g. paper, printing, postage ) Supplies - program (e.g. curricula, books ) Non -Capital Equipment (less than $1,000) (List each) Capital Equipment (greater than $1,000) (List each) $501,967.95 0'00 Subcontractors (List each) 0'.00 Professional Services / Independent Contractors IntructOrs s �, 'rk 3 Certified^teacher(s) ,:'ij Tvs r ;y >000 Con_'sultant(s),, ram; Professional Services - Additional (List each) 0 Other Background -screening- ,_t A'dmission(o field trips 00 Other - Additional (List each) 3,000.00 Mileage for 7 teacher/counselors to conduct home visits and 1 program director (a total of 8 full time staff) to cover costs of visiting schools, governance board meetings, and service partners. IN -COUNTY MILEAGE: ..55:x 10miles per week x10 weeks.x•7 teacher/counselors) = $388.50 Program Director/TIP Coordinator/ TIP Program Specialist Mileage: Site visits, meetings, and Children's Trust meetings @ $.555 a mile x 20 weeks x 20 miles per week x 3) = $666.00 Tolls•and parking fees if applicable = $100.00 TOTAL IN -COUNTY = $1,154.50 Out of County Travel $3,500.00 for program director, director, and TIP Coordinator to attend conferences and symposiums. (Air fare and/or Car Rental, Conference Fees, Hotel Cost, Meals Per Diem) TOTALOUT-OF-COUNTY= $3,500.00 $3,000.a.month spaceand utilities for office space for- teacher/counselors, Program.Director,.TIP.Coordinator,- and TIP Administrative. Assistant 41,100.00 T-MOBILE WIRELESS AIR.CARD/HOTSPOT $45.00a month x 9 = $405.00 Total for Program Director & TIP. Coordinator = $405.00 x 2 TOTAL (405.00 X 2)= $810.00 Service Fees = $195.00 x 2 = $390 Total: $810.00 +$200.00 = $1010.00 20,151.00 IN -KIND - M-DCPS provides Program Director, TIP Coordinator, TIP Special Programs Specialist with.access to phones, faxes,•computers, and utilities in -kind. M-DCPS provides TIP Coordinator & TIP Program Specilaist with non -capital equipment. Fax machine and telephones. M-DCPS provides program director,'TIP coordinator, and TIP Special -Grants Specialist with, (IN-KIND)(3) Desktop Computers @ $1,234.00 = $3,702..00; HP Printer 3000.$ 1,161.00;•Binding System @ .$1,895.00, and Ultra Light Proxima @ $3,393.00. Copy Machine .@ $10,000.00. • 0:00 26% 0% 0% 0°/ 0% 0% 0% 0% 0% 0Wo 0% 0% 0% 0% 0% 0% 0% 0% 0% 0°/ 0% 0% 0% 0% 0% 0% 0% 0% 0% • Altac.i noel t B; CLnb dot Page 2.of;6 -Rev 4/1 O 0% TOTAL OPERATING EXPENSES: $5,854.50 M-DCPS - Subcontractor Budget $64,851.00 ' TOTAL PERSONNEL & OPERATING EXPENSES: Administrative/Indirect Costs (Cannot exceed 10./0) M-DCPS 3% Indirect Cost ;507,632.45 1,228.97 , . $522,861.42 3% 97% : . Attachment 8, Contract #_, Resolution #_ Rev 4/10 Staffing Plan Organization Name: City of kMiami Mayor s'Office Truancy Program Staffing Plan must EXACTLY match the paid and in -kind staff, volunteers, consultants and sub -contractors described in Attachment A and listed in the Program Budget. Add or delete rows and adjust links to the Program Budget as necessary. Justification IIf additionalrows for-=staffxr € .g 9:wn.fr. r.cr l.aL - r,�•�.. `=.,g i � ,.°. ositionsiwereadd'ed in h zP�„ ,;;� � �,i�" ,. �.„ t ��u � 'Pro ram;,Bud et <le. s , €, . g �,g, p ase adds rowsa`below intthes-a ro riate x 440,-Vile,#.•_ # k.40,it 7,14.#a,.e'P;VM,41'. sectionandtad ustthelinksito:iW[x "'.a'.e..'�tYr"5.'71.+5`'-4".:' F'#'=iV s..te). b the Pro rarBud "eta mM 9 9 � .-.r'�*x`<.z,��..—�.m+u *,2.xb-, , n l£3: � ' - .. t,,',,'w ,i ��., � > # Of,� _ Staff '�S .t'.:.. .33l� �e~«�ra� k,G-%s. .. •cs..' ��' r:'x ✓W-.r • . 'Y?` iz ssF,xi" r . _ .sue a € ar,3f s ',. x ua i i a ions: .x a ���;L��Qualfications � . � � � ,, ., M i um i Requiredi"MinimumtEducation ",, . ,q� ': , c <:e a.,ss�s44 r ig v� t+ glEx"perlenced`�x i4,;. 4 z's ��r�? ''.�'�'"t. `l.�i�S .%:2__a �,ed?�w.. .�-�'r.,x.�-�s_. ciT4�..z'.��„:« _ _a -> ,>.a ..:'u. r3 71�s Fc t -w'i"3 3 r: �.,�5"vu '�a., ' . �# r a escriptio reN i niibil pr�� ��: RescriptonYof,�responsibllities ,. ate � , e p ogram de. cr i . related to the,pro, ratMdescribed in the4Sco a of�" r, t� r g:" , 'xe ..0.'W , � : p � s' '`', e.M::". -'^ °` � a e:, "'a ,� �e `Sere ICCS• r�'3"'. r '` $A_yr Kin ~x q �YNfYR T; a., m, sa i. ,,_...M..,..uaad#.",.�-G,�v,...ms,'t� ... . , a.,, List Full -Time Employees Program Director 1 ' Masters Degree ' " ' : :' Research best practices, coordinate and facilitate .meetings, analyze data, draft reports of findings Oversee day to. day operetions•of TIP and Truancy Court functions and manage grant expectations and data collection. :Facilitate collaborators' communication and assure that planning coordinator's input is put to use within the current pilot program. Also recruit new service partners. Teacher/Counselors 7 Bachelor;s'Degree Teacher/Counselors will be the care coordinators at.the identified. schools. TIP Coordinator 1 Master's Degree TIP Coordinator will monitor daily progress of; program, maintain databases, data dissagregation. Recruit:additional service partners. TIP Program Specialist ,1 Bachelor's: Degree The TIP` Programs' Specialist currently assists the Program Director withall aspects ofthe truancy grant. TIP Administrative Assistant maintains all databases„prepares statistical reports, assists with monitoring of grant deliverables. 'In addition, he/she is responsible for scheduling all truancy childstudy team meetings levels 1 "through 3, coordinates:and prepareslocateswith Miami -Dade Schools Police; Department as needed,and also links parents/guardians and students to:needed services List Part -Time/Seasonal Miami Dade County Schools Police P• /T employ .ees Police Academy Training : Miami -Dade School Police will locate students/families for the delivery of TIP notification and for Truancy Court Summons. They will additionally follow up with families if they do not attend a required meeting. 0 Certification in K- 12/Adult/Voocational Administration Provides fiscal and programmatic management. 0 Certification'"in: K 12/Adult/Voocational Administration Supervising program director and teacher/counselors and supervisors reporting to his work location. In addition, the - director is the appointed superintendent's designee for filing truancy petitions and represents the superintendent in all truancy proceedings. p The judgeswill preside over.every truancy court hearing or follow up:hearinq ,. Professional Services - #REF! #REF! #REF! . 2 Circuit Court Judges #REF! Page 1,of 2 Rev 4/10 Staffing Plan Clerk of the Court Family Conferencing Decision Making Professional Development - Choices et al, Inc. List: Volunteers Clerk of the Court is responsible forgenerating truancy court summons setting court dates; entering court hearing information into the Miami Dade County. Mainframe System; maintainingtruancy court files; and appearing at all truancy court hearings. Choices et al, Inc. will provide professional development in the Family Conferencing Decision. Making Model. Page 2of2 Rev 4/10 www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List No Events No Name History Detail by Entity Name Florida Profit Corporation CHOICES ET AL, INC. Filing Information Document Number P07000064028 FEI/EIN Number Date Filed State Status 260294274 05/30/2007 FL ACTIVE Return To List Principal Address 17550 NW 20TH AVE MIAMI FL 33056 Mailing Address P 0 BOX 695409 MIAMI FL 33269 Registered Agent Name & Address POLITE-EAFORD, CHERYL 17550 NW 20TH AVE MIAMI FL 33056 Officer/Director Detail Name & Address Title PD POLITE-EAFORD, CHERYL 17550 NW 20TH AVE MIAMI FL 33056 Annual Reports Report Year Filed Date 2009 2010 2011 04/27/2009 04/28/2010 04/29/2011 Document Images • 04/29/2011 --ANNUAL REPORT 04/28/2010 --ANNUAL REPORT 04/27/2009 -- ANNUAL REPORT Yiew.imagein PDEformat,,:,,u,;.,, iew,image.in PDF;format„ View image in PDF,format, ;„ Entity Name Search Submit chttp: //sunbi z: org/scripts/cordet. exe?action=DETFIL&inq_doc_number=P 0700006402 8 &in... 12/7/2011 www.sunotz.org - Department of State Page 2 of 2 05/08/2008 -- ANNUAL REPORT 05/30/2007 — Domestic Profit iew,imagejn. POP,format _View image in PDF format .y Note: This is not'official record. See•documentsifquestion or•conflict. Previous on List Next on List • Return To List No Events No Name History I Home I Contact us I Document Searches I E-Filino Services Forms I Helo Copvrioht© and Privacy Policies State of Florida, Department of State Entity Name Search ;Submit http://sunbiz: org/scripts/cordet.exe?action=DETFIL&inc_doc_number=P07000064028&in... 12/7/2011