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HomeMy WebLinkAboutExhibit 1DRAFT FY 2011-2012 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND RELATING TO CONTRACT NO 1203-1930 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI FOR Service Partnership THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is 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 "City") and , a Florida , whose main address is (hereinafter "Provider") in relation to Provider's services (as hereinafter defined) for the Truancy Reduction Program (the "Program") under Contract No. 1203-1930 (hereinafter "Contract"), a copy of which is attached hereto, incorporated hereby, and made a part hereof as Composite Exhibit 1, by and 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 Trust and the City. {If Provider is considered a governmental agency in accordance with F.S. 163.01, the Florida Interlocal Cooperation Act of 1969, as amended from time to time, this Agreement also serves as an interlocal agreement.} In consideration of the mutual covenants herein, and the City and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall be from November 1, 2011 through July 31, 2012, which is also the effective term of the Contract, and the term of this Agreement and the Contract are 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 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 Contract in connection with Provider's services hereunder with the acknowledgement of Provider. In considering the exercise of any renewal, and in accordance with the Request for Proposal (RFP) of The Children's Trust and its Board authorization, and in accordance with the authorization resolution by the City Commission, Resolution No. , adopted , 20_ (the "City Resolution"), renewal may not exceed a term equal to the term of the initial Contract and the initial Agreement for a total maximum of three (3) terms. The Children's Trust in its sole discretion and the City, as and if applicable, will consider, but are not limited to, the following: 1. Provider meeting the performance requirements specified in this Agreement and in the 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 regarding the Contract, and that is deemed satisfactory in the City's sole discretion regarding this Agreement. rjP4141 jDraft301156 ((-3 J 7 4. The availability of funds from The Children's Trust. Both the City and The Children's Trust are prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract and the agreement. 5. If applicable, The Children's Trust :in its sole discretion will .initiate re -negotiation of the Contract before the contract term expires. Also if applicable and depending upon the Contract, the City may initiate re -negotiation of this Agreement before the term hereof expires. 6. The City in its sole discretion may also consider Provider's performance under any other agreement or contact with the City. 7. The availability of funds from The Children's Trust 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 of the City of Miami Code , as amended (the "Code") upon at least thirty (30) days written notice, or (b) termination pursuant to the terms and conditions of this Agreement. 8. Provider's maintaining all licenses and certifications required by The Children's Trust, Miami - Dade County, and the City. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with (a) the "Composite Exhibit 1, Attachment A, City of Miami Service Partnership 1203-1930, hereafter "Services", to this Agreement and to the Contract, (b) within the budgeted amounts and other fiscal requirements in Composite Exhibit 1, Attachment B, Other Fiscal Requirements, Budget and Method of Payment to this Agreement and to the Contract, (c) Composite Exhibit 1, Attachment C, Program/Initiative Programmatic Performance and Data Reporting Requirements to this Agreement and the Contract, and (d) Composite Exhibit 1, Attachment D, Program Specific Audit Requirements to this Agreement and the Contract, and (e) Composite Exhibit 1, Attachment E Affidavit for Level 2 Background Screenings to the Contract and this Agreement. 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 Cityi, 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 Contract. 3. Provider agrees that all funding provided by The Children's Trust through the City, pursuant to this Agreement and the 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 Subject to the availability of funds from the Trust, the maximum amount payable for Services rendered under this Agreement and under the Contract shall not exceed Dollars and Cents ($ ). Provider agrees 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 Contract will be reduced at the`sole option of The Children's Trust with a proportionate reduction in Provider's Services hereunder and under __ the Contract. Provider agrees to adhere to Other Fiscal Requirements, Budget_and Method of Payment outlined in Composite Exhibit 1, Attachment B and to this Agreement and the Contract and to Composite Exhibit 1, Attachment D, Program Specific Audit Requirements to this Agreement and the Contract. rjj:Draft 301156 2 E. FISCAL MANAGEMENT ,1.Double Billing and Payments Provider's costs or earnings claimed under this Agreement and under the Contract may not also be claimed under any other contract 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 of this Agreement and of Provider's portion related to the Contract. Any payment to Provider from The Children's Trust through the City that is later determined by The Children's Trust to be ineligible for funding under the Contract and under this Agreement shall be immediately returned by Provider to the City to be returned immediately upon receipt by the City to The Children's Trust. For For -Profit and Not -For -Profit Service Providers: Provider shall indemnify, hold harmless and defend, at Provider's expense, the City and The Children's Trust against any claims, demands or actions related to any request for payment by Provider that is later determined to be ineligible for funding by The Children's Trust. These provisions regarding indemnification shall survive the expiration or termination of this Agreement and the related Contract. For Governmental Agencies as Service Providers: Subject to the limitations and sovereign immunity provisions of Florida Statutes Section 768.28, Provider shall indemnify, hold harmless and defend, at Provider's expense, the City and The Children's Trust against any claims, demands or actions related to any request for payment by Provider that is later determined to be ineligible for funding by The Children's Trust. These provisions regarding indemnification shall survive the expiration or termination of this Agreement and the related 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 is a material breach of this Agreement and of Provider's portion of the related Contract. 3.Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274,. and Florida Administrative Code, 'Section 691-73.001; 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 and the Contract (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 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 by Provider 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 the City under this Agreement and the 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 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 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 rjj:Draft 301156 3 depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice for payment of Provider's Services and purchases under this Agreement and the related 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 all of the following: a) within five (5) business days provide written notification to The Children's Trust contract manager and to the City's program 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 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 Contract without prior written approval of The Children's Trust and the City. In any subcontract approved by the City and the Trust, Provider shall incorporate appropriate language from this Agreement and the related 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 Contract. Provider shall submit to each of The Children's Trust and the City a copy of each subcontract to this Agreement and the related Contract, within thirty (30) days of its execution. All sub -contractors of Provider must agree to be monitored by Provider and/or the City on behalf of The Children's Trust in the same manner as Provider under the terms of this Agreement and the related Contract. Provider acknowledges and agrees that the City, The Children's Trust, and any subcontractor to this Agreement and the related Contract 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 and the related Contract, inducing services provided and expenses incurred by any and all of Provider's subcontractors in connection with this Agreement and the related Contract. Neither the City nor The Children's Trust not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. Provider shall be solely liable for any reimbursable expenses or liabilities under any subcontract. The City and The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The Children's Trust and the City 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. Provider and any Subcontractor must be currently qualified to do business in the State of Florida, Miami -Dade County, and the City at the time that a subcontractor agreement is entered into and Services are rendered. For For -Profit and Not -for -Profit Service Providers: Provider shall indemnify, 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. These provisions regarding indemnification shall survive the expiration or termination of this Agreement and the related Contract. --For Governmental Agencies as Service Providers: Subject to the limitations and sovereign .immunity provisions of :Florida Statutes Section 768.28; Provider shall indemnify, 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. These provisions regarding indemnification shall survive the expiration or termination of this Agreement and the related Contract. rjj:Draft 301156 4 5.Religious Purposes Providers and/or their faith -based community partners shall not use any funds provided under this Agreement and the related Contract to support any inherently religious activities, including but not limited to, any religious. instruction, worship, proselytlzation, publicity or marketing materials. Any such use by Provider shall be a material breach of this Agreement and Provider's portion of the related Contract. 6. Lobbying Provider shall not use any funds provided under this Agreement and the related Contract or any other funds provided by The Children's Trust or by the City 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 Contract. 7.Adverse Action or Proceeding Provider shall not use any funds under this Agreement and the related 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. 8. Compliance Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax documents to maintain tax exempt status throughout the term of the contract, and payment of payroll taxes as applicable. Provider further agrees to provide agency and site(s) information to Switchboard of Miami 2-1-1, The Children's Trust 24 hour helpline. F. INDEMNIFICATION BY PROVIDER For Government Entities as Service Providers: Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify 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 their respective 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 Agreement and the related 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 City and 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. Agreement and the related Contract. For For -Profit and Not -for -Profit Service Providers: Provider shall indemnify 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 their respective 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 rjj:Draft 301156 5 this Agreement and the related Contract 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 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 and the related. 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 City .and . 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 Agreement in connection with the related Contract, 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 in connection with the related Contract, at no cost to the City and at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Agreement and the related 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 in connection with the related 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 in connection with the related 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. For For -Profit and Not -for -Profit Service Providers: 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 Contract violates the intellectual property rights of that third party. The provisions of this section on indemnification shall survive the expiration or termination of this Agreement and the related Contract. :For. Governmental .Agency Service Providers: As applicable for Provider under Fla. Stat. Section -768.28 as a governmental agency and to the extent permitted by and within the limitations .of Fla. Stat. Section 768.28, the Provider shall indemnify and hold harmless the City and.the 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 Provider in the performance of this Agreement and the related rjj:Draft 301156 Contract violates the intellectual property rights of that third party. The provisions of this section on indemnification shall survive the expiration or termination of this Agreement and the related Contract. 1. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Agreement and Provider's portion of the related 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 the related Contract. b. Fails to provide the Services outlined in the Scope of Services (Composite Exhibit 1, Attachment A) within the effective term of this Agreement and the related Contract or as otherwise indicated in the Trust's Service Authorization Letter(s) related to this Agreement and the related 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 through the City under this Agreement in connection with the related Contract; e. Does not furnish and maintain the certificates of insurance or self insurance required by this Agreement and the related Contract or as determined by The Children's Trust or by the City; f. Does not meet or satisfy the conditions of award required by this Agreement and the related 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 related Contract; i. Refuses to allow The Children's Trust and/or the City, as applicable. access to records or refuses to allow The Children's Trust and/or the City, 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 and the related 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, the City, or any of their respective agencies, as applicable, 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 the related Contract 'within a specified reasonable time; p. Fails to maintain all valid licenses, certifications; permits, and insurance required to provide the Services under this Agreement and the Contract. Waiver of breach of any provisions of this Agreement and/or Provider's portion of the related Contract shall not be deemed to be a waiver of any other breach and shall notbe construed to be a modification of the terms of this Agreement and/or the related Contract. Any such waiver by The Children's Trust or by the City, as applicable, shall be provided in writing to Provider. rjj:Draft 301156 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust and/or the City, as applicable, identifying the breach, The Children's Trust and/or the City, as applicable, may pursue any or a1I of the following remedies: a. The City and Tfie Children's Trust may, at their respective sole discretions, enter into a written performance improvement plan with Provider to cure any breach of this Agreement and/or Provider's portion of the related Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Agreement and the Contract and shall not affect or render void or voidable any other provision contained in this Agreement and the Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The City and/or The Children's Trust may, as applicable, suspend payment In whole or in part under this Agreement and the 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 and Provider's portion of the related Contract, but Provider shall promptly cease using The City's logo, The Children's Trust's logo and any other references to The Children's Trust and the City in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust and the City 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 and/or the City, as applicable, prior to the effective date of such suspension. The Children's Trust and the City, as applicable, may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider and/or 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 Children's Trust and/or the City, as applicable, 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 and/or the City, as applicable, prior to the effective date of such suspension. Provider shall be responsible for reasonable direct and indirect costs of The Children's Trust and of the City associated with such suspension including reasonable attorney's fees. c. The City, on behalf of itself or on behalf of The Children's Trust, may terminate this Agreement in connection with the related 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 City and/or The Children's Trust, as applicable, may (a) request Provider to deliver to the City and 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 through the City under this Agreement in connection with the related Contract 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 which have been improperly paid to Provider under this Agreement in connection with the related Contract; (c) terminate further -payment -:of Trust funds -.through, the_ City_.to Provider under this Agreement and the related Contract, except that The Children's Trust and the City 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 othercontracts entered into: between The Children's Trust and Provider and/or any other contracts entered into between the City and Provider:by providing separate written notice to rjj:Draft 301156 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 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 and/or the City, as applicable, prior to the effective date of such termination. Provider shall be responsible for reasonable direct and indirect costs of the City and of The Children's Trust associated with such termination, including reasonable attorney's fees. d. The City, on behalf of itself and/or on behalf of The Children's Trust, may seek enforcement of this Agreement in connection with Provider's portion of the related 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 of the City and of The Children's Trust associated with such enforcement against Provider, including reasonable attorneys 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 Agreement and the related Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Agreement and Provider's portion of the related 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.. The parties understand and agree that The Children's Trust and the City may terminate Provider portion of the related Contract or the entire Contract 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 Prior to, or on the date commencing the effective term of this Agreement in connection with the related Contract, Provider's insurance agent(s) shall provide to the City and The Children's Trust the following as applicable: 1) Certificates of Insurance naming the City and The Children's Trust as an additional insureds and as certificate holders on all applicable policies; and all applicable polices shall be maintained in full force and effect for the entire term of this Agreement and the related Contract. Or, 2) a letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by the City and The Children's Trust, except as required by Florida law for government entities. Failure by Provider to comply with Section K, shall be a material breach of this Agreement and Provider's portion of the related Contract. The Children's Trust will not disburse any funds under the related Contract in connection with this Agreement, and the City will not disburse any funds hereunder, until all Certificates of Insurance or letter(s) of self-insurance have been provided to and have been approved by the City and The Children's Trust. Provider _shall ,require .:its sub -contractors to carry insurance coverage (s) as outlined below: 1.Worker's. Compensation Insurance covering all employees ofthe 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 rjj:Draft 301156 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 additional insureds and the certificate holders 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 additional insureds and the certificate holders with respect 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 and the City of Miami as certificate holders and as additional insureds. 4. If applicable for Services under this Agreement and the related Contract, Special Events Coverage, as determined by The Children's Trust and the City. 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 and the certificate holders with respects to this coverage." 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 and the related Contract, Professional Liability insurance, as determined by. The Children's Trust and the City, with coverage amounts determined by The Children's Trust and the City 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 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. 6. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust, or the City of Miami, and said capital equipment is under the care custody and control of Provider. The Children's Trust and City of Miami must be shown on the evidence of property coverage as a Loss Payee, as applicable. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is..transferred to Provider or such capital ,equipment is returned to The' Children's Trust. Certificate Holders: Certificate holders musfread: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 And rjj:Draft 301156 10 City of Miami CIO Risk Management Department Miami Riverside Center, 9th Floor 444 S.W. 2" Avenue Miami, Florida 33130 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 and the City for the duration of this Agreement and the related Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust and the City 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 and the City prior to any such decrease, waiver or modification. In the event that an insurance policy or coverage(s), as applicable, is canceled, lapsed, or expired during the effective period of this Agreement and the related Contract, The Children's Trust and the City shall withhold all payments to 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 and the City. 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 and the City may require Provider to furnish additional and different insurance coverages, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements or City 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 and/or the City may have against Provider for any liability of any nature related to performance by Provider under this Agreement, the related 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 City and/or The Children's Trust. :lf required as:applicable to Provider, the Internal Revenue Service (I.R.S.) tax status determination letter, if applicable; —The most recent (two .years) I. R.St 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; rjj:Draft 301156 11 • 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 Agreement and the related Contract shall be sent to the addresses for each Party appearing on the first page of this Agreement and the first page of the related Contract. 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, Florida 33130 City of Miami, City Attorney, 444 S.W. 2nd Avenue, 9th Floor, Miami, Florida 33130 Notices to Provider shall be marked to the attention of the 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 Contract; mailing address, and/or telephone number. N. AUTONOMY The Parties agree that this Agreement and the related Contract recognize 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. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this. section shall survive the expiration or termination of this Agreement and the related 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 the related 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 Agreement, the related 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 Contract remains .in force and until all funds expended from this Agreement and the rjj:Draft 301156 12 related 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 and to the City 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 and the City 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 the related 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 through the City. Within one hundred and eighty (180) days of the close of its fiscal year, a Provider who is contracted for a combined total of $100,000 or more from The Children's Trust and/or from the City from this Agreement or any other The Children's Trust contract(s) or from any other City agreements, related to the fiscal year under audit, Provider agrees to have a program -specific audit relating to The Children's Trust contract(s) and the City agreement(s), in addition to the annual financial audit. The program -specific audit shall be performed by an independent certified public accounting firm that is registered to do business with the Florida State Department of Business Regulation, can perform audits under Government Auditing Standards i.e. "Yellow Book", and is either a member of the AICPA or FICPA Peer Review Program to include engagement reviews. This program -specific audit is to encompass an audit of The Children's Trust contract(s) and/or the City agreements, 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 Children's Trust and/or the City after proper approval has been obtained from The Children's Trust's Finance Department and/or the City'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. In the event that either the audited financial statement or program specific audit is not received in a timely manner and in accordance with the previously stated due dates, and an audit extension has not been approved, then The Children's Trust and/or the City, as applicable, shall withhold all payments to Provideruntilsaid documents are received and determined to be acceptable by_The Children's Trust and/or the City, as applicable. 3. Access to records Provider; shall .provide .access to.all records including subcontractor(s) which reTate to :this -.Agreement and -the. related 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 City and The Children's Trust or their rjj:Draft 301156 13 respective designees, to Provider's independent auditor's working papers for complying with federal, state and local requirements. Each of the City and The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of the City's choosing at the City's expense or of The Children's Trust's choosing at The Children's Trust's expense. 4. Monitoring Provider agrees to permit the City's personnel, The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitoring, reviews, and evaluations of the program which is the subject of this Agreement and the related Contract, including any subcontracts under this Agreement and the related Contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents or the City or the City's contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of this Agreement in connection with the Contract. Provider shall permit the City, The Children's Trust or their respective contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary in The Children's Trust's sole discretion and by the City in the City's sole discretion to fulfill the monitoring function . A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies • cited within the period of time specified in the report. 5. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child/family served. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth In Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and Inspection requirements under this Agreement in connection with the related 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 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 in connection with the related Contract; daily --activity ;logs ::and monthly calendars of the provision -Of Services "pursuant to - this` Agreement in connection with the related 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 the Contract; all upon request..by The Children's Trust and/or the City. Provider shall retain all records for not less than five. (5) years beyond the last date that all applicable'terms of this Agreement and the Contract have, been complied with and final payment has been received, and appropriate rjj:Draft 301156 14 audits have been submitted to and accepted by the appropriate entity. 7. Confidentiality Provider, the City, 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 Agreement and the related Contract impose 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 and the related Contract shall remain in full force and effect after the termination of this Agreement and the related 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 the related 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 and the City, payment may be withheld from Provider for noncompliance by Provider of Provider's compliance with contractual terms. The Children's Trust through the City 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 in connection with Provider's portion of the related Contract and as solely determined by the City hereunder. The Children's Trust, in its sole discretion, may determine to withhold payments through the City 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 , 2011, the City Manager is the City's authorized representative. is Provider's authorized representative _ for approving and .executing alterations, variations, modifications, extensions or waivers..of. the_.._ provisions of. this Agreement in connection with the related:,.Con. tract :iricluding 'but. not limited amount payable and effective term. Q. GOVERNING LAW & VENUE ;This Agreement and,the related 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. rjj:Draft 301156 15 Any controversies or legal problems arising out of the terms of this Agreement and the related 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 430, 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 prior to commencing work pursuant to this Agreement and the related Contract. For purposes of this selection, the term "direct service provider" means a person 18 years of age or older, including a volunteer, who provides services to children, youth and their families. The term does not include volunteers who assist on an intermittent basis for less than 20 hours per month. 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 MOCPS 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 Attachment E: Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover employees, volunteers, and 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 subcontractors files. Provider shall re -screen each employee, volunteer and/ or subcontractor every five 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 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. Providershalldemonstrate 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 rjj:Draft 301156 16 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 any of Provider's portions of the related Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Agreement and of Provider's portion of the related Contract and the City and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the City and The Children's Trust, may not submit a bid on a contract with the City and 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 The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with the City and The Children's Trust, and may not transact any business with the City and 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 Agreement and Provider's portion of the related 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. 3. Conflict of Interest Provider 'represents that the execution of this Agreement in connection with the related Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance 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. (Refer to www.mjamidadeethjcs.com/Publications/code of eth1cs20 1 0.pdf for the Code of Ethics Ordinance). 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_employ,ee ..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 Agreement and Provider's portion of the related Contract any and all _. applicable .,licenses; certifications, approvals, .insurances, permits and accreditations,-required by ..the .State of_ Florida, .Miami -Dade County, the City, and any other requirements relevant to municipalities,. The .Children's Trust or the federal government. Provider must be qualified and rjj:Draft 301156 17 registered to do business in the State of Florida both prior to and during the contract term with the City and in connection with the related Contract of 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-BOO-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the City's program manager and 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 City and The Children's Trust within fifteen (15) days business of the incident. Provider shall provide written notification to the City and 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 Agreement and the related Contract and Provider has knowledge thereof. Provider shall provide written notification to the City and The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to the City and 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 obtainnparental/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 City and The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available .in English,- . - Spanish, and Creole and can be downloaded from rjj:Draft 301156 18 www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with,,a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to the City and The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Composite Exhibit 1, Attachment C to this Agreement and the Contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish the City and The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by the City and/or The Children's Trust, and as described in Composite Exhibit 1, 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 Agreement through the related Contract shall recognize The Children's Trust through the City as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust through 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 -contractors, as applicable) shall use best efforts to ensure that all media representatives, when inquiring with Provider about .the activities funded by this Agreemetn and the related Contract, are informed that The Children's Trust through the City 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.• Provider and its subcontractors,- as applicable, shall coordinate with the City Manager or his designee regarding any link to the City's website. X. PUBLICATIONS Provider agrees to include in all of its subcontracts provisions similar to the following provisions of this Section for compliance by subcontractors. Provider agrees to supply both the City and The Children's Trust, each without charge, up -to three copies each of any publication developed by Provider in connection with implementation of programs addressed by this Agreement and the related Contract. Such publications will state that the program is supported by The Children's Trust through the City of Miami. Provider agrees that The Children's Trust and the City,.will have use of copyrighted materials ;developed under this, .a, . Agreement in connection .with the related Contract to the extent "provided "iri, 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, the City log if permitted by the City Manager or his designee, ;;and • the following paragraph in all materials of Provider featuring programs.funded by The • - Children's Trust through :the City, 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; rjj:Draft 301156 19 English: City of Miami's Service Partnership 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's Service Partnership esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una Puente de financiacion, establecida por referendum para mejorar las vidas de ninos y families en el Condado de Miami -Dade. Kreyol: City of Miami's Service Partnership fjnanse pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' Ij investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust... " Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement and the related 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. Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Agreement and the related Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties for Composite Exhibit 1, Trust Contract with: 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 Exhibit 2 City Commission Resolution Exhibit 3 Provider's Authorization and Consent No other contract, oral or otherwise, regarding the subject matter of this Agreement and the related Contract shall be deemed to exist or bind the Parties. If any provision of this Agreement and the related Contract, as applicable, is held invalid or void, the remainder of this Agreement and the related Contract, as applicable, shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. NOTE: SIGNATURE PAGE TO BE UPDATED FOR APPLICABLE TYPES OF PROVIDERS rjj:Draft 301156 20 This contract is not valid until signed by both parties rjj:Draft 301156 21 Z. TOTALITY OF AGREEMENT/SEVERABILITY OF PROVISIONS This Agreement with its exhibits and attachments as referenced 'below contains all the terms and conditions agreed upon by the parties: Composite Exhibit 1: The Trust Contract and Services Authorization Letter which includes the following Attachments: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable Exhibit 2: The City's Authorizing Resolution Exhibit 3: Provider's Authorizing Resolution and Consent, Evidence of Valid and Current IRS and State of Florida Not -for -Profit or For -Profit Status, as applicable No other agreement, contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the Parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF MIAMI, a Florida municipal corporation PROVIDER: By: Johnny Martinez, City Manager Attest: By: By: Name: Title: Provider's Federal Priscilla A. Thompson, City Clerk ID# Date: Date: Approved as to Form and Correctness: Attest: By: By: Julie O. Bru, City Attorney Date: Approved as to Insurance Requirements: By: Calvin Ellis, Director of Risk Management Date: Name: Title: Date: This Agreement is not valid until signed by both parties Rjj:Draft 301156 Composite Exhibit 1 Copy of The Children's Trust Contract No. 1230-1930 With the City of Miami For The Truancy Reduction Partnership Program For 2011-2012 Rjj:Draft 301156 FY .2011-2t 12 CONTRACT NO 1203-1930 BETWEEN THE.CHILDREN'S TRUST AND' CITY OF MIAMI FOR Service Partnership THIS CONTRACT is between The Chilch-en's. Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and the City of Miami, a Florida municipal corporation hereafter "Provider" whose address is City Hall 3500 Pan American Drive, Miami, Florida 33133. 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 November 1, 2011. through July .31, 2012, subject`. tofunding 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 anycontract 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, .rascal performance, and compliance by Provider that is deemed satisfactory in The Children's Trusts sole. discretion.. 4....The :availability of funds. The Children's Trust is prohibited frorns creating obligations inanticipation of budgeted revenues from one fiscal ::year to 'another :without year to: year extension .provisions in the contract. 5.. If .applicable, Tne-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 exclusi.veliy_by Provider for servites in and forthe 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 shali.:not exceed $634,007. Provider: agrees that should available funding to The Children's Trust be reduced, the -a .mount ;payable under this •Contract will ,be ,reduced at:the: sole. option of The Children's:Trust with a proportionate: reduction.in...the Services. Provider agrees to adhere to Other Fiscal, Requirements, Budget and Method of Payment outlined in Attachment B to this Contract..... City. of Miamr- Service Partnership Page 1;of49 Contract# 1203-1930; Resolution; 2012-06 E. FISCAL MANAGEMENT 1. Double Billing arzd 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 is:a material breach of this Contract. 3. Capital Equipment Capital equipment :is included in the definition of "property" under Florida Statutes, Chapter 274, :and € loriida Administrative Code; -section 69I-73.001,y and is defined ;as individual 'items With a value of $1,000 or greater which have a life expectancy of tare 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 Chiidren's" Trust; are intended 'for.The. Trustfunded programs;; are owned ,by The` Children's Trutt; and Must be tagged: at the•time `of purchase as. an :asset of The,Chiidren's Trust. The:Child.ren'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 withfunds- 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 :;depredated. Qwnership° of capital equipment will "be transferred. to Provider and rernoveo from •The';Childrer"'s Trust's fixed asset s,ystern if the capital equipment is fully depreciated and in the possession of Provider. "Provider can purchase the equipmen( at the depreciated cost with the approval of The Cnildren'.s.Trust. If capital lecidiprnent is not purchased by Provider., prior to the .equipment:being fully depreciated, Provider must return such capital egiuipriient 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 all of 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'sTrust. 4. AssignmientS and Sc bcontracts' Provider shall :not assign this Contract to another party. Provider shall not subcontract any Services under this Contra t without. prior written approval of The Children's Trust. In any subcontract, Provider :Shall in orporete 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 rnonitored by Provider and/or on behalf. of The Children's Tres; in the sammu e anner as Provider nder 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 'inform:ation about contract, program, and/or:fiscal Provider waives any and all claims, demands, and/:or legal action' based upon any such communications. Provider shall`be responsible for all Services performed, and all expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor' for any expenses or liabilities' incurred under any subcontract. Provider shall be -solely liable for any reimbursable expenses or liabilities under: any subcontract. Subject to the limitations and sovereign immunity provisions of Florida Statutes Section 768.28, Page 2 of 49 City o€.Miami-.Service.Parrnership Contract# 1203-1930; Resolution # 2012-06 Provider shall hold harmless and defend, at Provider'S expense, The Children's Trust against any -Claims, dernandaor actions relate.d tblanY subcontract. -The Children's."Trust shall not provide funds to any subcontractorunless specifically agreed to in writing by The 'Children's Trust with notification to 'the 'Pray -I -der. All payments :to any :contracted subcOntrattor shall bepaid. directly by"Provider to the .subcontractor, The:Children's Trust reserves the right -to require verification 'from Provider -and/or Subebntrabtor of payment due for satisfactory work performed bythe subcontractor. Provide..r 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, proselytizatiori, publicity or marketing materials. Any such use by Provider shall '-'be a MateriaLbreach OfthiS 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 fundsunder 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 Stith use by Provider Shall be a• material breach of this Contract. S. Cornpliante Provider agrees to maintain and ensure its compliance, asapplicable, withfederal, state, county, and local laws. This: includes, but is not limitedto, adherence to IRS rules and regulations requiring timely filing of tax documents to maintain tax exempt .statUa.thrbUghciut.the terrn of the',.contract and payment of payroll taxes as applicable. Provider agrees to provide agency and Site(S) inforrnatiOn ta.Switthboard'of Miami -2-1:4, The Children's Trust '24 hour helpline. F. IINDEiviNIFIcATtok BY.PROVIDER Government Eritity. Subjectto theliMitationt. and iSovereigniMmUnitY -provisions : Of 'Florida Statute, Sec 768.28, Provider shall inderrinify ano hold'''harmless The Cl-lildeen's Trust .and : -:its Officers, :efriblOyees, -agents and instrumentalities from any and all liability, losses or damageS, inclUdirig attorneys fees 'and costs of defense, Whitt itS'OffiCers; ernploYe_eaagerits .br instrumentalities may 'incur as a result of claims; demands, suits, causes of actions or proceedings bf any kind or nature arising out of, relating to or resulting from the performance of this :Coritract by Provider or its employees, agents, servants, partners, principals or subcontractors.' • Subject to the limitations and Sovereign immunity prOvisions'of-Flarida Statutes, Sec. 76828, Provider shall all claims anaTosseS intanneCtitin therewith and ShalkinVeStigateand•defend all claims, suits or actions of any kind -or nature in the name of The Children's TrtiSt;-where applicable, including --.fappellate Proceedings,- and shall pay aU costs, Judgmenta, and reasonable abtorneY'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:- Gi4,0 Mani' - ServicePartnership Contract:* 12034930; Resolution *2p12-05 Page 3 of 49 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 iicense 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.:..da.ta/materials so; ,developed; ar.e subject to„ .copyright, trademark or patent, lP9al 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 agreesto allow The Children's T rust:and :others acting on behalf of The Children's Trust to .have reasonable .use of the same consistent with the purposes and terms of this Contract, at no cost .to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent.. :Et. OWNERSHIP AND LICENSING OE.INTELLECTUAL PROPERTY . This Contract is subject to the provisions, limitations and exceptions of Chapter 119,-Florida:.Statutes, regarding public records: Accordingly to the- extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contrac` 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 -sho.uld be, in the exclusive name of Provider. :Payment for any licensing fees or costs:a.rising rrom the use of.others' intellectual property shall be at the sole expense of`Provider. Asapplicable for The ;Children.s Trust under :Fla .Scat:.. Section :768.28, and to the extent Derm,it ed by .and .within the.11mitations of Fla: Stat.:Section,76:3,28, the::parties=shall indemnify:and hold each,:other harmless from :iiability.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:thirdparty. I. BREACH.OF CONTRACT AND.'REMEDIES 1. Breach A material.breach by. Pro.vider,shall .have occurred under. this Contras ::if Provider throughaction or omission causes any of the foliowing: a. Fails tocomply with Background Screening, as required underthis: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. Ineffecti.vely_:or Improperly .uses_ T:he.Children's Trust funds allocated unoer:tnis :Contract, e. Does not. Furnish ano maintain ..the certificates of insurance. or self insurance required by :this Contrac or as determ nedbv The;:Children's Trust; f. Does :not meet or satisfy' the conditions: of award required by this Contract withina specified reasonable. t g. Fails to submit ;or submits incorrect. or .;incomplete proof of expenditures to .support disbursement requests or advance funding disbursements, or:. fails: to subrintt or..submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure repo.rts.within a specified reasonable tine; l Does:not:submit orssubmits incomplete or incorrect. required reports, pursuant_ to :the Scope:,of Services in this Contract; Refuses to allow The Children's Trust access..to records or .refuses to allow The Children's trust -to monitor;evaluate and . review 'Provider's program, including required client data within:. a specified 'reasonable time; Fails to comply with;cnild abuse and incident reporting requirements; c Attempts- to meet --'its obligations under this Contract through fraud, m srepresentation;_ or material misstatement; City of Miami - Service. Partnership -. - Contract # 1203-1930; Resolution # 2012-06 Page 4:of 49.,. 1. Fails to correct de iciencies'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 tirne; n. Fails to maintain the confidentialityyof-client files, pursuant to Florida:and federal laws; o. Fails to fulfill in a timely and .proper :manner:any and all ofi.ts. 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 faits to cure any breach within thirty (30) days after receiving written notice from The Ch.ildren's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies. a, The Children's Trust may, et its sole. discretion, enter into a written performance improvement plan with Provider to cure.an.y breach of this Contract as may be perm.issibl.e.under state or.federai .law. Any such remedial plan shall be an .addition to this Contract and 'shall not affect or render void or voidable-an.y other.p,ovisio.n contained.,in tnis;Contract, costs, or any judgments entered by a.court of appropriate jurrsdiction. b. The Children!s Trust may. suspend paymentin whole or in -part 'under -this Contract by providing written notice of sus_pensran to "Provider of such suspension .and` specifying the •effective -date•of Suspension, at least ive (5) b.usiness days before the effective date of suspension. On the effective date-Of'susoension "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 Provi.der.as of the date of suspension shall cease, except .that The Children's Trust shall continue to review and -pay verifia le requests for payment for :Services that :were .perormed ;and/or •:for deliverables that~were-substantially completed at':the sole discre'ion:;of The Children's Trust, :prior to the effective date of such suspension. The Children's Trust ::rray also'suspend any .payrrients. in whole or ir. 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 Tprovided for -Jr): such -other contracts for services`:that were performed and/or -for deliverables that were'substantially :co.mpleted- at tile :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'feesl 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,:survevs reports prepared and secured by Provider with Trustfunds under thisContract subjectto the rights'of Provider:as provided:for in'Paragraphs G and H above; (b) .seek reirrmursertent 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 deliverab es that were substantially completed at the sole discretion of,, The Childdren's Trust°prior to the effective date Of such termination; and/or fd).terminate or cancel, without cause; any -other contracts entered into between 'The -Children's Trust and. Provider by :providing Separate. written hotice to Provider -of each such°ter urination and specifying :the effective date of termination] which'. rntrch be ai: least. five (5) business days 'beforethe :effective. date of termination',- in: which event The Children's. Trust `shall 'continue' . to: review and pay verifiable 'requests for'payment sas :provided for in .such' other contracts for Services that. were performed City of Miami -Service Partnership _ Page'5 of 49 Contract # 1203-1930; Resci,ution # 2012-06 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 .mayseek enforcement -of this Contract against Provider. including but not limited -to filing an action ;with acourt of appropriate.:jurisdi ion. 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 judgrnent e.. The provisions of this Paragraph i shall survive the expiration or termination of this Contract. 5. TERMINATION BY EFTE-6ER.PARTY The parties agree that this Cont-act 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 REQOE REi E1r TS Prior to, or on the date commencing the efrective term of this Contract, Provider's insurance :agent(s) shall provide to The Children's Trust the following as applicable: 1) Certificates of insurance naming The Children's Trust as an additional insured and the certificate holder on all applicable policies; and all applicable .policies shall be maintained in full force and effect for the:entire term of this,Contract. .Or, 2) a letter of. self-insurance 'indicating :coverage applicable to a Florida municipal .corporation required under this; section.. or as -determined by The:;Cpildren'sTrust., except as. required: by. Florida law :for government entities. Failure by Provider to comply with Section K, .shall be a,material breach of this :Contract. The. Children's Trust ,will not disburse any funds under this Contract until all>;Certificates of Insurance or letter(s) of self-insurance have been .provided to. and:. have" been approved by The Children's Trust.. Provider .sha(E ref uire_its.suPi-contractors .to carry insurance :coverage (s),.as .outlined below: 1. Worker's:Compensation Insurance :covering ::all :employees of:the:.sub-coptractor,::or a:.valid State of Florida exemption:.on file ::with the Department::of Labor, as required;:by.F]orica .Statutes, Chapter 440. In the event: that the Provider lis no:longer exempt.from obtaining.Workers : Compensation. insurance, the Provider :.must. notify The Children;'s.Trust and the City; of Miami, and provide the necessary :certificate of insuranceorother 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.occurence,, S . opo:ro 0 policy aggregate with a maximum deductib e of $1.r000 per occurrence. The policy must include coverage for premises and operations'. liability, contingent and contractualexposures; 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 shownon the certificate :of insurance as .an additional. insured and .the certificate holder with respects to _this coverage.. :3. .Automobile :liability coverage for :all :owned, hired, non owned and leased vehicles of Provider, and °anyeransportation-.companies hired for+transporting program participants. The amount of ?cover..age 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 additiona] insured and the certificate holder With respects to this ?coverage. Coverage can be purchased es non -owned 'Without hired .auto -coverage .w. hen 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 City .of -Miami - 5endce•Parfnership Page 6:of 49.. Contract # 1203-1.930:. Resolution # 2012-06 the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside th'e 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 aditional insured and the certificate 'holder with respects to this coverage." 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 isgenerally°. required when the .scope of services uses professional services that require certifica ion"or license(s) toprovide direct:servies'to program `participants. Proof of Property- Coverage Is required when Provider has capital equipment' owned by The Children's Trust, or the City of Miami, and said capital equipment is under the care ;custody and control of Provider. The Children's .Trust and City of Miami must be shown on the evidence of property coverage as a Loss Payee, as applicable. Property coverage shall survive the:expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is eturnedto T tie Childrer's Trust. Certificate'H©ider Certificate holder must read: The Children's Trust 3 50:SW 3`d Avenue, Sci' Ftoor Miami, Florida 33129 Ctassificationand 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 Tess than "A-" as to management, and no less than "Class V" as the financial strength, •by the latest edition of-Best's Insurance Glider 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 irisurance 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 ormodify;'in writing any of the 'foregoisng insurance'reauirements: 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 carceledlapsed, or expired .: during the effective :period of this Contract; The Children`s Trust shall withhold all ,payments to Provider ` 'un:til a' new Certificate of -Insurance or other evidence' of'coverage(s) required under this section is submitted and`"approved by The `Ch!iloren.'s Trust: The new 'insurance policy or .other evidence of coverages) shall cover the:-`tirne 'period commencing from the' date ,of cancellation' of the prior insurance Policy 'of other evidence of pnor.coverage(s) City of. Miami Service Partnership s - Contract .# 1203=1930; Resolution, # 2012-06 Page 7 of 49 The Children's Trust may require. Provider to: furnish additional ..and differentinsurance 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 ;caverage,(.$) ,by Provider.,in no instance, shall be deemed to .bee 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 underthis:Contract or otherwise. All insurance required .hereunder may :be maintained by Provider pursuant to. a master or blanket .policy .or policies: : of insurance... C. PROOF OF TAX SSATUS 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, if applicable; The most recent (two years) I.R:S. foam 990 or applicable.tax.return filing within six,(6) months after Provides fiscal year end or other appropriate 'filing period;;Permitted by law; If required by applicable law to be filed by ;Provider, ,IRS...941.-.guartteriy.fer er al tax return reports .within thirty five (35).calendar:ciays arter the quarter ends and if; applicable,.;: state and federal unemployment tax filings and if the'941 and unemployment tax filings reflects a tax >liability, proor..of payment must;: be submitted within. sixty .(50):calendar;:days: after -the quarter ends M. NOTICES Written notices pursuant to this:Contract shall'be.sent to .the addresses.for:each Party :appearing on the first page of this Contract..Notices to The Children's Trust shall be marked to the attention of its President/CEO: Notices to Provider shall be .marked to the attention of the City Manager ..It.;is.:each Party's responsibility to advise the other .party in writing of any changes in responsible personnel for accepting Notices under this Contract; mailing.:address, and/or telephone number. N AUTONOMY The Parties.agr:ee that this Contract recognizes the :autonomy of, and stipu:lates.orlmplies no:affiliation ;between, the ,:contracting;: panes: 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 MONIORI C The provisions: of this section shall survive. the:,expiration or'termination of this Contract,, consistent with Florida laws. 1. ;Accountira:g eco ds .. Provider shall, keep accounting records which :conror-n to generally ,accepted accounting principles. All such records will be retained by Provider.for not less than five (5) years .beyond 'the last date -that .all applicable terms of this Contract have been complied .with and final payment .has been received .and appropriate audits have .been submitted to and accepted by the appropriate entity. However, if any audit, claim, :litigation, negotiation or. :other :action involving .:Provider ::under this Contract or modification. hereto has commenced :before::the expiration of_ the .retention .period, the .records regarding Provider shall be .retained until completion of the action and resolutionissues which arise from it or until the end of the :regular retention period; whichever is later.. 2, Financial and program specific audit Within'.160 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 reg steed to:::do business with :.the Florida;. state Department of Business :Regulation:, of all its :corporate activities .and any accompanying-:managernent; letter (s) or report(s) on other matters related to internal control, :for each year during which this Contractremains: 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 City of, Miami -''Service Parinerst3q Page 8 of 49 Contract t 1203-1930; Resolution 201'2-06 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 singie audit conducted' under OMB Circular A-133, :Audit of States, Local Government and i\Ion=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:'findin. gs relating toawards: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 $300000>or>more from The Children's Trust from this.:or any other Te:Children's Trust:contract(s), related to the ifiscal year.under audit,: Provider agrees to ha:ve,.a program -specific -aud_it relating to The Children's:Trust contract(s); in :addition to::the annual financial audit. The program -specific audit shall be performed':by an :independent:certified :public accounting firmthat is -registered to do business with the Florida State Department of Business Regulation, can perform audits under Government -Auditing Standards "i.e. "Yellow Book", and .is either a member of the AICPA or FICPA Peer Review Program to include engagement reviews. This program -specific -audit is to. encompass anaudit of The Children's Trustcontract(s)•:asspecified in:Attachment D:: Program Specific -Audit Requirements. A;._provider that_: does not meet the .program -specific :audit threshold requirement vvi11 beexempt from the program -specific. audit.requirernefit in..:the fiscal yeer'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`Tne'Children's Trust's Finance;Departrrient, upon receipt in writing:of suchrequest with appropriate justification by Provider: A copy of the engagement letter, along with theaudit 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 theextension :expires. The . lnancial audit: ..and other :"financial .information Will be used.:.in the evaluation of Provider's performance and Provider's .overall fiscal health.. In the event that either the audited. financial statement or program :specific audit is not received in a timely manner and in..accordence with thepreviously stated due dates, and an audit extension has not been approved, then The Chiidren's'Trust shall withhold all payments to Provider until said.documents are recei.ved..and determined to be acceptable'by The Children's Trust 3. :Access to recoreds Provider shall provide>access to all records including subcontractor(S) which relate to :this.. Contract at its':placesof 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 paperefor 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':sTrust'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 rnonitorings, :reviews, :and evalLations 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' "contra;' ed agents shall monitor both fiscal/administrative and programmatic compliance With all the terns and conditions Of the Contract. Provider shall perrnit The Children's Trust or contracted agents to conduct site visits; client interviews; client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary in The `Children's Trust's sole discretion to fulfill the monitoring function. A report of City of Miami Service. Partnership • • Page 9 of49 • Contract # 1203-1930:'Resolution# 2012-05 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 11.9.071(5), The Childreri's Trust collects the social security numbers of child participants- of funded programs and services forthe :following purposes: (a) to research, :track and• measure the impact of T ne Children`s Trust funded programs •and services in an effort to maintain and improve such prograrns and services for the future (individual: identifying information will _not be disclosed); (b) toy identify:and match individuals and :data within and among various systems;and4other 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 die -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 repots. These :files shall be subject to the n onitoring, 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 wvith':all •applicable State::and federal -Jaws on :privacy and confidentiality. 6. Internal Documentation/Records Retention.. Provider agrees to maintain and ;grovide for inspection to The 'Children's Trust, during ;regular -business hours the following, as may be apoiica:ble, subject to applicable confidentiality requirements: (1) personnel :riles of employees 1Whith '`include `"hiring: records, background screening :affidavits,' --job descriptions, verification or education, and evaluation :procedures; (2) authorized time sheets,: -records, and attendance; sheets to document the; stafftime billed:to ;;provide 'Ser.vices.pursuant to this Contract; (3) daiiy activity logs and monthly. :calendars of the provision-o; Services pursuant to this Contract; .:(4) training modules, ::;(5) pre :and post session questionnaires; ;(6,) all participantattendance records; (7) 'participant consent and•:information ,release forms; (:8) agency policies and. procedures•, and (9) such other 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 lest datp 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 Ghildren's Trust understand that during: the ,course o berforming 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, dissem nation:or publication of confidential information as each party uses to :protect its own confidential information in a :like ',manner. The: Parties shall not disclose ::the _confidential information to any :third :party (except that such 'information .may be disclosed :to such Party's attorneys)`;: or to any employee. of .such Party who does ..not have a .need to know -.such information:, which need is related .to :performance of a :responsibility hereunder. However, this Contract imposes :no obligation upon the Patties .With respect to •confidential'information which (a). was lawfully know-' 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 cdrifidentialityl.provision of this Contract shall remain in.r"ull:force :and effect after the. termination of this Contract: :Provider shall specifically' require all sub -contractors to comply with this • paragraph.. City of.:Miami .- Service Partnership Contract # 1203-1930; Resolution # 2012-06 Page 10of4°, 8. Security Obligation Provider shall maintain an appropriate level of data security for the info; mation. 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 compli.ance 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 July '28, `2011, the City Manager is Provider's authorized representative for approving and executing alterations, variations, modifications, modifications, extensions or waivers of the provisions of this Contract including but not limited to amount payable and effective terra. 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.add 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 430, 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 prior to commencing work pursuant to this Contract. For purposes of: this "selection, the: term "direct service provider" means a person 18 years of age or older, including a volunteer, who provides services to children, youth and their families. Theterm does not include volunteers who assist on an intermittent basis for less:', than 20 hours per month. Leval 2 `:Background screenings :must be completed' :through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & 'Employee Criminal History rSystem) 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 willbe accepted. If background screenings are -completed with VECHS, then Provider.shali ::complete .Attachment , "Affidavit for- Level 2 Background Screenings" each for contract term. The °Affidavit- will cover _employees, volunteers, and 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 forLevel .2 Background Screenings" in Provider's personnel, volunteers, and/or sub- contractors files. Provider shall re -screen each employee, volunteer and/or subcontractor every five years. City of Miami -Service Partnership Contract # 1203-1930; Resolution # 2012-06 Page11 of49' S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider, understandsthat The :Children's Trust ;expects P.rovider. to .meet the ::federal standards under the Americans with Disabilities. Act. ;By -policy ofT.he-Children's Trust, providers.must also implement reasonable programmatic accommodations to include children ::with :disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure Which is .not•::owned by Provider. T.:REGULATORY -.COMPLIANCE . . 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, .volu:nteer, :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 forspecific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it:;hasstandards, policies,:•and practices necessary to: render services in a `manner that respects theWorthof the: individualand ,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.. § 7.94, :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 publicaccomthodations because ot.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.rContrac . :If'P:rov:ider.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 TheChildren's Trust:willconduct.no further:business with:Provio:er.. 2. Public Entities .Crime Act Provider will not violate : the Public Entities Crimes Act .;(Section 287.133, Florida Statutes), which essenti'ally: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 :Crimemay not submit :a lbid: on a:. contract:: to provide.any goods or services to The,Children's.Trust, may not submit 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 :awardedor perform work as a Provider supplier, sub Provider, or consultant undera 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 .287.0'17, 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 ail.. monies paid hereto; and may result in debarment from The Children's Trust's competitive procurement activities. City of Miami:- Service Partnership - - Contract # 1203-1930; Resolution # 2012-06 Page 12-.of49 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 and Florida Statutes §112 as amended, which are incorporated ':herein by reference 'as if fully set forth herein. 'Pror:ider :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. (Refer to www.miamidadeethics.corrm LPublications/code_of_ethics20:I0.pdf for the Code of Ethics Ordinance). 4. Compliance with Sarbanes-Oxley Act cif .2002 Provider shall comply with the following provisions of the Sarbanes-Oxley Act of 2002: Q 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 suspectedcases 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 tine 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 susoicion of abuse, . neglect, or abandonment of a child, aged person, or disabled adult to the Florida' Abuse Flothrie on the :statewide toll -free .telephone number. (1-804-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is: binding upon both Provider and its:employees. Providersh all notiyThe:Children's Trust's contract manager `ofany:incidentas defined within three (3) business days afterProvider is informed of..srtch incident. Provid.ershall 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 victirn 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 Th.e 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 reportin the event .a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct: on-.'sexual:,:assault .by a_ Provider employee, volunteer or anyone _arising fbut of the performance •of this Contract:: and Provider has • knowledge thereof, -Provider shall provide .written .notification to The Children's Trust.mi.thin 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. Cityyof'Miarni '=Service Partnership Page 13 of 49 Contras:# 1203-1930;:Resolution# 2012-06 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 par ental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share.information with The Children's Trust for monitoring and evaluation. purposes. Provider will ask participants tosign a voluntary Consent to Photograph form. The forrn'is.available in English, Spanish., .and Creole and can be downloaded from www�thechildrenstrust.org;. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian beforeservices commence or assessments are administered. Any refusal of .consent must be properly -documented and signed by: the parent .or legal guardian on the content 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 asrequired 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 ChiId:ren's Trust;24 hour:helpline,: as applicable and as defined in Attachment C: Programmatic Date Reporting Requirements. W.' PUBLICITY -Provider agrees that acti:vities,.,.services.and, events funded by this Contract shall recognize The Children's .T:rust .:as .a. funding .source,.., Provider :shall ensure, that ell pu'blldty, public relations, advertisements and signs within its control recognize The Children's Trust for the suppor :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 inciude'in all of itssubcontra is provisions:similarto the following provisions of this Section for compliance by subcon:tractors.:. Provider agrees to supply The Children's Trust, without charge, up to three .copies of any..p.ublication developed by Provider in :connection :with implementation of programs•„addressed 'by' -this." Contact: Such publications::will state that the program is supported by The `Chiildren's Trust. Provider agrees that The ChiIdrea`s. Trust 'Will :have use: of .copyrightedmaterials, 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:. inall materials of -Provider featu.ring prograrr-is `' 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 9eneral public_ City of Miami -Service Partnrship Page 14, of 49 Contract # 1203-1930; Resoluiiorr# 2012-06 English: City, of Miam 's Service Partnership :is` funded by The :Children's Trust. The Children's Trust is a dedicated source of revenue establishedby`voter referendum 'to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami's Service Partnership 'Name este' financiado_por El Fidecomiso de los. Ninos (The Children's Trust). El Fidecomiso de los Ni'nos es una rruente de financiacion, establecida por referendum para mejorar Ias vides de ninos y familias en el Condado de Miami -Dade. Kreyol: City of;;Miami's ;Service Partnership finanse_pa"The Children's Trust'. Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' li invest' byen nan pwogram kap arneliore la Vi Ti Moun ak fanmi yo nan M.yami Dade. Note: In cases where funding' by The Children's-trust represents onlya percentage of Provider's overall funding, the above language can be -altered to read "The (organization) is funded in paid. by The Children's Trust..." Y. HEADENGS, 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. City of ?Jfiathi'- Service Partnership' Contract ;* 1203-1g30; Resolution 2012-06 Page .15 of49 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract:: withits attachments as referenced belowcontains 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 Attachrnent::C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, .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:wou.ld then continue to .conrorrn to the terms and requirements of applicable iaw. CITY O.F;MIAP4I, Tfi E CHILD.REN'S TRUST ..: a Florida municipal corporat o MIA I-DADE..COUNTY, FLORIDA Provider Federal .ID# 53-6O00375 By: By: Johnny Martinez,;: City.. Manager Modesto E. Abety-Gutierrez President/CEO Attest: By: Priscilla A. Thompson, City Clerk Date: Approved as to Form and. Correctness: Approved as ,� as to form and lega sufficiency zzi Julie 0, Bru, City Attorney County Attorney Date: Date: —- ✓... U'fr�-. Approved • as to Insurance Requirements: By: Calvin Ellis, Director of Risk 'Management Date: This contract is not valid until signe. Cityof Miami :=:Service Partnership '- Contract rt 1203-1930; Resolution t.2012-06 Attachment A City of ivriami Service Partnership 1203 1,930 City' of Miami - Service Partnership Contract* 1203-1930; Resolution -# 2012-06 Page 17 of49 Attachment ;A* SERVICE PARTNERSHIP 1. Description of Services (include overall irifention of.program, outline Of proarana•activifles, target popblation to be served, implementation of EBP; and partners if applicable): 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 Juvenile Justice, Big Brothers Big Sisters,•ConnectFarnilias, 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 positivebehavior strategies to improve student attendance and performance. 2. Target Populotion:or Participants (Include numbers in iable:and a narrative description' of participant characteristics below): Type l Participants i=.ntenSive SerVl es,3+ copra tsj.= .Number of Undupiic ted Participants - Type 1. Number of Unduplicated Participants -Type 2 (lnfersive Services, 3- contacts) (Le s than3 contacts) Total Year Round Children/Youth 1500 5001 Year Round Children With Disabilities 375 0 Year Round Parents/Caregivers 0 0 Year Round Others (i.e., staff/professionals/ mentors) 0 0, a. Participants by Age .7otalestirnaiett.number-of Type°:1 (intensive' services .3÷corstacts; arou p icip rn to'be sepied by';:age: Children Ages birth to five 300 Children Ages 6 to 12 500 Youth Ages 13 to 18 (22_if CWD) 700 b. Descriptionof pcarticipcants to be served (describe. criteria for program enrollment eligibilit,y,.geographic areas/neighborhoods or schools to be served, risk factors, as well as any other significant demographics information; if serving children with disabilities, include type of disabilities): The Truancy Reduction Nan serves 2500 students, ages•5 - 18 years, who attend Miami Senior High, Miami Jackson: Senior FHigh, Aliapattah.Middle, Citrus: Grove Middle,: Shenandoah Middle_School, Lenora S. Smith Elementary School, Santa Clara Elementary School, Citrus Grove Elementary School, Kensington Park Elementary School, Shenandoah Elementary School,Miami Edison Senior High.Schooi, Miami Edison Midcile:School, Edison Park ElementarySchool, Toussaint'L'Ouverture Elementary'. School, and Shadowiawn Elementary School. Al! 12257 students in all fifteen school locations will receive .a pre -intervention letter. Youth who attain an absence .in-the-cu ..rent:schonl. year ar.had a prior. historyof poor attendance are:eli eligible for Prevention se vices Prior to"Leirel I Youth`accriiirig P 9 R ( � -. five or more unexcused absences after receiving prevention services will receive. Intervention Services (Level 1 to -Level 3). City of Miami. -:Service Partnership. Page .1E of 49 Contract* 1203-1930; Resolution # 2012-05 3. Service locations: Include the esfimated.number of Type 1 participants to be served (intensive services,.3+ contacts) of each site. Allapattah Middle School 1331 NW46'' Street Shenandoah Middle 11950 SW 19th School Street Miami 33145 100 100 25 0 .CitrusGrove Middle '2153 NW 3rd-.Street School Miami 33125 100 5 0 Miami Senior High School 2450 SW 1S` Street. Miami Jackson Senior 11751 NW.36t High School !,Street: Miami 33135 100 r5 i= 0 0 Miami 33142 100 25 Lenora B.°Smith 14700:NW 12a' Elementary School ! Avenue i Miami 33127 I .1.00 i 125 {. l 0 I 0 Santa Clara. Elementary i 1051.NW 29t School Terrace Miami 33127 100 ' ' 25 0 0 Citrus Grove i 212 1'N 51h Street Elernentary School 1 Miami I 3125 100 125 0 0 Kensington Park 1711 'NW 30`t' Elementary School iAvenuc I Miami 33125 100 125 0 0 Shenandoah Elementary 11023 SW 215P Seh0ol l-Avenue Miami 33135 100 25 : 0 0 CMiami Edison Senior High School 6161 NW.5t Court 'Miami 33127 100 j25, 0 0 I Miuni Edison Middle (School 6101 NW 2 d ! Miami Avenue 33127 100 25 0 0 i Edison Park.Eiementary (School 500 NW 67"' Street i Miami I33150 100 25 0 0 Toussaint L'.Ouverturc j 120NE 59`h Street Elementary School ,Miami 33137 100 . 25 o 0 Shadow1awn 1149NW49ifi Elementary School fl Street Mianii 33135 ' 100 25 0 0 . rersormance f ,easures: a. Quantify "How much will we do?" Type i activities _are intensive services, activities which participants are intended to receive generally three - , or: more.contacfs,_and include the core program activities, .The cable refle,cfs the unduplicated nurnber of participants to be.served and the number of required sessions forseath participant fo attend for the program to have an impact. _ Type 2 activities are Jess intensive services, events which parficipants,ati end one or twotimes, and ;generally activities intended to serve as enhancements to other core program activities. The table reflects the total City'orMiami -'Service Partnership Contract # 1203-1930: Resolution 2012=06 Page 19of 49: number of participants across all events and the required sessions are the total. number of:events that will be offered: Activities/Servi^eName:& Description , {include frequ ncy intensly & durarlorl of, sessions, as •vv.ell, asi nurriaGr os cycles expected to be •offered;arid tentc, sv� sChe:dulel ' efi chi clren /.';,youth`::.; # of arersts ©f o#hers of - required sessions, Soto Meet required A. tiv'st y Type 1 or 2 TRUANCY INTERVENTIONPROGRAM — TRUANCY CHILD 9 500 . 0 0 3 85% 1 STUDY TEAM MEETINGS:AND FOLLOw'tiP: Prior to Level 1 - follow-up activities will be conducted with students who :attain an absence in the current school year or had a prior ;historyof poor attendance. • Horne Visit • Parent Conference ' • Student Conference • Coordinating Services with Outside Agencies • Monitoring Student Attendance • Phone Call • Parent Letter • Initial .letter to parents Level i Students accruing five (5) or more additional unexcused absences will be scheduled ,for a Truancy Child Study Team (TCST) - Level I. Meeting. . Each school has an .attendance ':team, which consists of a school site administrator, school guidance or trust counselor, tea her%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 . with the cases This is a care' coordination process. FOLLOW-UP ACTIVITIES FROM TRUANCY CHILD STUDY TEAM MEETINGS • Home Visit • Parent Conference • Student Conference • Coordinating Services with Outside Agencies • Monitoring Student Attendance • Phone Call • Parent Letter • Participate in court 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 Mace with' all. _parties _involved; including" outside ' agencies City. of Miami;- Service Partnership Contract # 1203-1930; Resolution # 2012-06 Page ,20.of 49 working with the family since the:Level -1.rneeting. The truancy child study tern will review reports and interventions from the Level 1 rneeting. Based on the needs of the student and family, the. team will prescribe new interventions or modify the existing plan to help improve the stude.nt's attendance. Follow -Up is the same as after the Level 1 meeting. Level 3 If student accrues :five (5) more unexcused absences after a TCST-Level 2, a Truancy Child StudY-Tearri - Level 3 Meeting takes place: with all parties ihVolved, including outside agencies working with the family since the Level 2 meeting. The attendance committee will review reports 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'improvethe students attendance. 11 FolloW .Up it the same as after thelLevel 1 Positive Behavior Plan Perfect:Attendance Certificate - End of the Year 500 0 0 1 N/A Truancy Court StUdents are not expected to participate to reach truancy court as this is the activity we are trying to prevent, hence theow number of :Participants: listed for this :activitY, 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 0fl intervention procedures Were followed. If so, .aTruancy Court Petition is. filed by the Superintendent of Schools with the Clerk .of the Courts, under Florida: Statute 984:151. Hearing '(Preparation cif Student Case Summary) The initial court hearing is scheduled to b.e 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 appears 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-Farni.ly Conferenoing Session Immediately after the initial hearing the teacher/counselor schedules • a pre -family . conferencing session 1,vith „ the student and parent/guardian: The PUrpbse of the •Pil7eHfarhily : conferendng session is to; discuss With:tnesparent the purpose:::-.0f;:the ,family .ConferencingiSeSsibni and .alsp).to.ideritifY15ey people in the lives of both the student:::ariti.the::•farriilY.:_that they::Would..like to • 5 ' 0 .... . 0 3 ..,-. . 85% , : . - . • ' . , City of Miarni - Senrice Partnership Contract # 1203-1930: Resolution # 2012-06 Page 21:of 49 participate in the farhily 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 farrilly from outside agencies, and the identified individuals by the farriily to invite all to attend the family conferencing session. Family Decision=Making Conferencing Session The family decision -making conferencing session centers on the chiid. 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 i's 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 lsession has input :at to what should go into the plan that is relevant to the specific needs bf the family and Child.- The plan is then signed by all attendees. The Family Decision Making Conference is strength -based and supports care coordination. 2" 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 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 lan is then ordered. The judge will 'set another date fora'truancy status hearing,: . :i,• TRUANCY STATUS HEARINGS The ,purpose of the truancy :status hearings is 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 there is continuing progress; . If after Several truancy status hearings the judge or hearing officerfeelt 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 •.dosed....a CINSIFINS :petition will_be filed. . • ": - b. • Qualify -"kow well will we do if?" Description of the requieci.projrarn Quolityrn6osuce.s.„;: . . Quality Mecisuie (e.g., #1% of participants salis;ied with the -proram) City4:if Miami ,iSeryice.Partnership Contract # 1203-1930; Resolution # 2012416 AAeasurern!ni, and Re15.,,°rtingToor Satisfaction Survey) Timing • {e.g, After completion of XX activity) Page 22 of 49 . , „ Average number ofsessions -attended (Participant Retention) Data TrackerAtiendance Monthly #/ o of youth satisfied with services provided Satisfaction Survey (provider) TRUANCY CHILD STUDY TEAM MEETINGS AND FOLLOW UP #/% of parents/caregivers satisfied with services provided Satisfaction Survey (provider) TRUANCY CHILD STUDY TEAM MEETINGS AND FOLLOW UP Observation of serviceddeiivery/ Fidelity checklist Service Logs Monthly Structured .supervision Email communication/Supervision log Monthly % of staff with necessary training/certification . HR Records . .... Annually at start of program and follow-up with any staff changes c. Outcomes —!Measuring is Outcome andtcraet i�` (e9 85iooT children/youth/parents '•:, • w111...): Midpoint performance: 75 .'of children/youth will;atiend school regularly afferenrollment End of school year performance: 75% of children/youth will attend school:regularlyafter enrollrnen nyone befter off?" Date SourceJ, Measurement root(sj Describe' Meaningful n Drovenent Tool:`School report cards / Records Population:This outcome will.be reported for all Type 1 pat cipants.enrolled during the contract year. Meaningful improvement: •.Midpoint 94ia.:attendcince rate (number of days a tended by the:.studerit. divided by the total numb rofschool days oftered).:The date range used to calculate attendance rate begins with : the student s start date: (t1(St date: of service in:the program) and thellast day of the 2^6graaing period orthe current.,, schoolyear. • End of the school-year::°4 o attendance rate (number of -days attended.by trio student dividedby the total number of'_ school days:offered)., The date range used tO calculate attendance rate begins with the student's start date (first :date.ofservice in the program) and the;Iast day of the current school year. Timing Ivvner +.v1ll t. obis be cc:leoted) Baseline •data (previous or current year School records) to be collected at time -of • enrollment. ;'Progress data is i :collected of the`end of the 2",': grading period (Midpoint) and cit the end of the school year. Results: Midpoint outcome results •are reported in February 2012 and end of school -year results in. July 2012.. Associated CAS tivity;s TRUANCY CHILD STUDY TEAM MEETINGS AND FOLLOW Up .:Midpointperformance: 75% of children/youth will irnprove school attendance::rate. End of school year Tool: School .reportcards./ records Population: This, .outcorrie.willbbereported for _till Type ]':participants: aseline. data . (previous ' or current ;year '1,‘School records) to be .TRU.ANCY-,CHILD STUDY TEAM MEETINGS AND FOLLOW UP ' City:biMiami Service Partnership Page 23 of 49. Contract t 120a-1930; Resolution# 201.2=06 performance: 75% of children/youth will improve school attendance rate Meaninafui imDrovefient: • Midpoint: Participants will improve their ,sittendance;rate.by any:degree when comparing. their attendance rote:from the 2010-11 school year to their attendance rate up to the 2nd gradingperiod of the current school,year: • End of the school year: Participants will improve their attendance rale.'by.any degree when comparing their attendance rate from the 2010-11 :school year to the..2011- 12 school year. ,collected.at 'time. of enrollment: Progress data is collected at the end of the 2nd grading period (midpoint) and at the end of theschool year. Results: Midpoint outcome results are: reported in February 2012 and end of schooi year results .in July 2012. 1e1 S to .75% of children/youth will decrease.risk associated with :absenteeism reD3rf e la 1e e pert ;Or oo Tool::School report cards./ records Pop"i lation: This outcome will be reported for dlf.Type"1 participants,. Meaninaful improvement: : Eridof the school year: Participants will improvetheir .attendance rate by oneror more benchmarks when comparing their ...attendance rate from:the:2010-11 school. :.year:to the 2011-12 school. Benchmarks Definition No'risk. Absent J-5% of dayslin the school year At. risk Absent 6-10 o of days in . the school.year`.` High Risk/Chronic .Absence' .. Absent 11 - 20i or. More days in the sehbbl.Veat - i Severe I Risk/Chronic Absent 21a or more days Ahsen^e : in the school"vear- Baseline data :(previous year school records) to:be :collected at tirne::of enrollment. Outcome results reported • in.July 2012. TRUANCY CHILD:: .STUDY TEAM :MEETINGS ANVD FO'LoWUa.. 5. Evidence -Based Prograrns:(ESP) All strategies funded by The',Ctildren's Trust should deliver high quality, evidence -based practices that are `strength -based, family centered; accessible,:respecfful of diversity and mindful of community context and connections, or -constitute: best 'practices that have been approved; by The(Children sTrus =because when,., performed with fidelity they should deliver analogously high quality services Listed are the, evidence -based programs (if any) that are to be used during activities/service delivery: For information on evidence -based programs, visit The Children's Trust..website. City of Miami-cService Partnership - Contract # 1203-1930; Resolution* 2012=06 Paoe:24`of:49 :Evidence -Based ,Program • •• Family Decision -Making -Conference Designating Agency .TheMiatni Model Court Family DeciSion Making Conference Program Aativity/Seniic:e Name I setiion .4 above.) Truancy Court 6. Staff Qualifications: Provider represents that all persons delivering the-Servic.es required by this Contract hove the knowle.dge•and skills, either. by training, experience, eduCation, of. a combination thereof, to adequately and competently perform -the duties,.Obligations, and.Services set forth in the Scope of Services lAttochrneni -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 Managerneht module of SAMIS. Positiop Title . : . '',CSiff FT ITT Status % Effort Pasition Type : - Qualifications Duties Program Director, . . ... . . Full- Time 100% :Subcontractor Masters Degree or higher;' minimum 3 years experience directing and developing programs that address core adolescent ssuet 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 I Full- Time . IDO% : Employee , . . :: ... Bachelors Degree in education, human' resburces, related -field; minimUm 2 years experience working with - prooraMs Mat 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 Dire.ctor. TIP -Program Specialist . , '1 - • Full- Time 1000/0 : . Subcontractor Sachelor'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 ail meetings and data entry. ..: 1 eacher/Counselors r• :7 . . r , . ... . ... . - , - - Full- Time. • - _ 100%-. • .• • - ' . Subcontractor Bachelors :Degree in counseling, :Sotial.•Work-.:or.- :','::.:- education related field; minimum 2 years experience • working with Provide interventions tdi the students and families eghibiting,g.tru?.ny.:,..:;,.„ ,..: problem, participate in Truancy Child Study Team Meetings; -conduct home visits; conduct City Of Miami -"Service Partnership • Contract* 1203-1930;Resolution t 2012-06. Page 25 of 49 programs: that address core . adolescent..issues and concerns. family.conferencing :sessions; -:appear in;court .when necessary. In -Kind Staff Position (specify staff, volunteer or sub -contractor) it STAFF FT/PT % of Effort Qualifications: Required, Education E, Experience Duties Education Initiatives Coordinator City of Miami 1 ' , .:.5% Employee. N/A Provides .fiscal..&.. programmatic management. Director, School Operations/Special Programs Miami Dade County Public Schools 1 • 5% Subcontractor N/A 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. School ..Site Administrators 30 . 10% ` Subcontractor N/A 3D School site .administrators are responsible for ensuring that all elements of the Truancy Reduction Plan /Truancy Court Pilot Program: are: adhered -to at.theschool site. In addition, a designated •; school: site administrator will participate in -all truancy child -Study -team meetings at their school site. Support Personnel Miami -Dade County Public -Schools 15 :.10% Subcontractor N/A 15 Designated :staff from the student services department at:each: school site will participate in all truancy child study team level meetings. These individuals also provide expertise when determining academic placement:and other programs that is'in the best interest of. the student. City of Contra iaml:-Service Partnership # 1203-1930; Resolution# 2012-06. Page 26.of 49., 'Provider is.cautioned to review Attachment C to this .contractlor the terms of programmatic performance and data reporting requirements that must be followed in conjundtion withihe specific terms applicable to this contract in this Attachment A scope at services. City of Miami - Service Partnership - — Contract # 1203-1930; Resolution it 2012-06 Page27 of49 Attachment City of MJa ..Service Partnership 12O3 1930 City of:fvfiarrii Service Partnership Contract # 1203-1930; Resolution # 2012-06 Page.28. of 49... Budget Summary Report City Of Miami - XX03-1930 SPP Truancy: Miami Partnership of the Truancy Reduction Plan Fiscal Year 11-12 (t1/1/11 - 7/31/12) Contract#: 1203-1330 CSC Program Allocation: $634,007 Budget Status: Submitted Preliminary Budget?: No Salary Accounts Original Original Amended Program CSC CSC Account # Title Budget Budget Budoet 511 Regular Salaries and Wages 19,532 14,132 14,132 521 FICA/MICA 1,494 1,081 1,081 522 RetirenientContributions 0 O 0 523 LifeandHealth Insurance 123 123 123 524 Workers Compensation 0 0 0 525 Unemployment Compensation 0 O 0 Expense Accounts Salary Totals: 21,149 15,336 15,336 Original Original Amended Program CSC CSC Account # Title Budget Budget Budget 531 Travel (other than participants). 0 O 0 532 Travel (participants) 350 350 350 533 Meals (participants) 425 425 425 534 . Space 0 O 0 535 Utilities. 0 O 0 536 :Supplies (office) 12,280 12,280 1 2,-280 537 Supplies (progr.am) .31,700 31,700. 31,700 '540 Non -Capital equipment 0 O 0 550 . Capital Equipment 0 O 0 591 Indirect Cost 39,971 39,9.71 39,971 611 Subcontractor 522,851 522;86.1 522,851 711 Professional Services (instructors) 0 0 0 721 Professional=5eMces (certified teacher)' 0 0 0 731 Professional Services (tutors). a 0 0 741 Professional Services (consultants) 30,000 O 0 791 Professional Services :(other) 11,084 11;034 11,084 811 Other (advertising) - - 0 0 0 821 Other (background. screening) 0 0 0 831 Other (admission to field trips) 0 0 0 891 _. . Other (other) 529 Fringe Benefits (other) 0 0 0 Expense Totals: City of MiarnF-"Service Partnership ;. " Contract #1203-1930; Resolution # 2012-06 648,671 18,671; "'Page 29,of48 618,671 Program Funders Summary Funders Funder Type In -Kind Contributions Salaryand Expense Totals: 669,820 634,007 634,007 Funder In -Kind Contributions (Summary). Total Comment 35,813 30,000.00- 11 tn Judicial Circuit Court Judge Court. Support 5,813.00- City, of Miami Administrative Support Summary Funder Totals: . 35,813.00 City.: of. Miami _-Service Partnership • Contract # 1203-1930, Resolution 2012-06 Comprehensive Budget/Amendment Report City Of Miami - XX03-1930 SPP Truancy: Miami Partnership of the Truancy Reduction Plan Fiscal Year 11-1.2 (11/1/11 - 7/31/12) Contract #: 1203-1930 Salary Data % CSC to • Orlg Amend Orig FICA Amend Orig Amend Gross . Salary Salary PiCA Retire Retire Orig Irteur . Amend Irtsur Position: Education Initiatives Coordinator (0019) staff: Beilscra;.Fsther (4422) 0,00 o 0 :. Original Budget Narratives: 0 Orig WC Arnend Orig . Arnend. WC Unenip Uriemp 0 0 0 0 0 0 0 0 0 0 The:City's Education initiatives Coordinator assures contrac{ compliance. fiscal responsibility and coordinates the implementation of the program betweeti all partles involved. S300 per pay period x 18 pay periods= $5400.00 Add to Original Budget Narratives: All Other Ciiidgot Amendment Narratives: %CSCto: Oross Orig •Salary Position:. Fringe. Benefits (8021) 0.00% Original Budget Narratives: Amend Salary Orig FICA Amend Orlg Amend FiCA Retire Retire Orig Incur Arneiid incur Orig WC Amend WC Orlg Unemp Amend Unemp 0 Staff: Benefits, Fringe (950) 0 0 123 123 0 11129l2011 Workers Compensation":- The provider Is self -insured torworkers' compensation. `they do hot currently cost allocate (my pxomiUin Suiehargea brick to rho originating departments, so there are currently no premium charges to report: Unemployment: The provider is a fully reinbursatite entity and as such does not incur any premium charges. They reirnburse all costs lnceiroti dna to iririnrr ernployees claiming unemployment benefits on the basis of actual charges incurred. As such; there are no specific premium charges being Incurred for unernployrnonl Insurance. Fringe: $41.00 permontli x 3 months = S123.00 Addto Original Budget Narrative: AII;Other Budget Amendment Narratives: 0 0 %,!CSC to Orig Amend Orig FICA Amend Orig - Amend Orlg Amend Orig WC Amend Orig Amend Gross Salary Salary FICA Retire Retire Incur Incur WC Unemp Unemp City-of.Miami- Salvi a-Radnar-Ship Contract # 1203-193ti;'Resolution # 2012-06 Page 91 of 4c1 positron; Tip Program Specialist (6020) Stag; Sari Juari, Juliette (724) 25.00% , 14,132 Orlyinal Budget Narratives: 14,132 1,081 1;081 0 0 0 0 0 0 0 0 11/29/2011 11/29/2011 11/29/2011 11/28/2011 Salary for 3 months $4, 710,81 x 3 ` 14,132.43 + Insurance $123.00 ($41.00 per month. Employee will only be in this position for three months. .Add to,Original Budget Narratives: All :Other Budget Amendment Narratives; Salary Totals; 12.791' 14,132 14032 1,091 1,001 0 0 123 123 0 0 0 0 Expense Data: Account # Account Name Original Budget Amended Budget 529 Fringe Benefits (other) 0 0 Origitl3t Budget Calculation: Original Budget Narrativee Add to Original Budget Narratives: All Other Budget Amendment Narratives: •-Account# Account Narne Orittiitel.Budtlot Ainended Budget'. 531:, . Travel (other than participants) Original Budget Calculation: Original Budget Narratives: Add to Original Budget Narratives: All Other Budget Amentinient Narratives: Account it Account Name 0 0 Original Budget Amended Budget 532 Travel (participants) City of Miami - Service Partnersiiil. Contract it 1203-1930; Resolution it 2012-00 350 350 Page 32 of 49 Original Budget Calculation: =350. Original Budget Narratives: 11/29/2011.Bus 8 ,Metro=Rairpasses forparent conferences, truancy $3,50 (Roundtrip Fare) X 100 PARTICIPANTS = $350.00 Add to Original: Budget Narratives: • All Other Budget Amendment Narratives: ACcountft Account Name 533 Meals (participants) Ortginat Budget Calculation: =425 Original Budget Narratives: Original.Budget Amended Budget 425 425 11/2912011,MEAt:S - FAMILY DECISION CONFERENCING SESSIONS, Best practice indicates meals oe served for eonrerence sessions which usualiytake piece in the evening thus the dinner rate. COS( of Meal per Person: $4,25 Total Cost $4 25 k 10 peitictponts = 542,50 psi -conference Grand Total= $42.50 x 10 sessions = $425.00 Add. to Orrgth l Budget Narratives: Ail Other BudgetAmondment Narratives: Account 8 Account Name; • . OrlglnalBudget Amended Budget tI 534 Space Brigitte! 13uttgot Calculation: =0+0 OriyinaLBudget t4 rrativoss, Add'to Original Budget Narratives: All Other Budget Amendment Narratives: Account# Account Name 0 0 Original Budget Amended Budget 535 ; Original Budget Narratives:. City of Miarni - Service Partnership Contract 11 1203-1930; Resolution ff 2012-06 Utilities Original Bridget Calculation: _a+0 0 0 Page 33 of 49 Add to Original Budget Narratives: • All Other Budget Amenchhent Narratives: Account $ Account Noma Original Budget Amended Budget 536 Supplies (office) Original Budget Calculation; =12280 Original Budget Narratives: Supplies per month $1364,44 x 9 mantis Add to Original Bridget Nerrntivos: i All Other, Budget Amendment.Narrntivcs: Account 0 Account Name 12,280 12,280 OrlgInel Budget Amended Budget 537 Supplies (program) Original Budget dalcuiationi =31700 Original Budget Narratives: • 11/29/2011 This ntoiney.is being utillied to purchase baslo Hoods Items for students to ensure that they ge to. school; school uniform vouchers which includes boolrbag, school supplies, and ' collocates for perfect att. end5nce.reeognition and Improved attendance recogriltion. $3,522.00 per rnontb x 9 months Add to Original Suilget Naitativee 31,700 31,700 AIi:Other Budget Amendment Narratives; Account# 540 Account Name Original Budget Amended Budget Non-Celiilal Equipment Original Budget Calculation: =0+0 Original Budget Narratives: err i4 Add to Original Budget Narratives: Alt.Other Budget Amendment Narrativesi., Account Name ity of Miami - 3en*tce-f ortt GI si rip Contract !1 1203-1930; Resolution it 2012-05 0 0 Original Budget Amended Budget Pege-34 of-40 550 Original Budget Narratives: Capital Equipment Original. Budget 0atculaliom `0+0 All Other Budget Amendment Narratives: Account# Account Name 591 Original Budget Narratives: Indirect. Cost 39,971 39,971 0 0 Original Budget Calculation: =30970:75 11/29/2011 11/29/2011 total Program Cost: $39,9/0:75 (6;a). Add to Original Budget Narratives: All Outer Budget Amendment Narratives: Original Budget Amended Budget Account # Account Name Original Budget Amended Budget 611 Subcontractor 522,361 522,831 Original Budget calculation: 522961.42 Original Budget Nnrrativiis:. 11/29/2011 11/29/2011 11/29/2011 Miami -Dade County Public Schools! $022901.42 See Sub Contractor Budget Add to Original Budget Narratives: All Other Budget Amendment Narratives: Account/! Account Name 711 Professional Services (instructors) Original Budget Calculation: =010 Original Budget Narratives: City of Miariiii - Service Partnership Contract # 1203-1930; Resolution if 2012-06 Original Budget Amended Budget 0 0 Poge 35 of 49 M-DCPS - Subcontractor Budget Organization Name: City of:Miami Mayors Office Truancy Reduction Program; Subcontractor Name: 'Miami -Dade County PublicSchools • Contract Period: November.1, 2011- )uly 31. 2012 • 9. ..: months : •• Areas in Blue. to be.completed by the Agency •PROGRAM,BUDG_ET- :. r.•: --± ,•, ` SALARIES ;'r'., _;: _ ,.: -:.tp, List Full -Time Employees Annual t, -_;TnsertIProgramL.enod."";± /. „,.:,�lnsert'Program.iPenod;M�;; Requested -Funding Matching Funds Justification /o :,:: ,••*,(Amount •.,;= / :';a:'•'!Amountr"... ,. .. - . Salary Position (12 mth5) Program Director .. - - 75;049.56 - 100% 64,873.59 0.00 Research best practices, coordinate and facilitate meetings, analyze data, draft reports of findings Oversee day to day operations of TIP and Truancy Court functions and manage grant expectations and data collection..Facilitate collaborators' communication and assure that planning coordinators input is put to use.within the current pilot program. Also recruit new 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 (9.months) " - - 49,273.77 - 100% 230,007.95 0.00 Will be the care coordinators at the identified. schools. .(Total Salaries for 9 8 6 months for 7 • Teacher/Counselors) = $230,007.95 without Fringe Retirement.(4.92%) = $11,319.00 . ' FICA (7.65%) :_ $17,599,00 Insurance = $8,216:00 x 7 = $57,512,00 Workers.•Comp/Lia/Unemp. (2.65%) := $6092.00 FRINGE TOTAL (15.22% + Insurance) _ $9.2522.00 FRINGE + (159 days + TBAs 130 days) SALARY for.7 Teacher/Counselors = $322;529.95 1- TIP Coordinator 50,000.00 t00% 30,660.38 0.00 • '• dentify.students, distribute and print letters, schedule Truancy:Child Study;Team•Meetings,: attend meetings; oversee, teacher/counselors:at each school and work closely with the:': fProgram..Director Salary for;(130 day salary) ;$30,660 38'without Fringe:Retirement (4 92 /) _=.,$1,509,00 FICA (7 65%) $2 346 oo-Insurance =: ' $8 216 00NVorkers"::.. Comp/Lia/Unemp (2:65%) $81.2:00 FRINGE TOTAL (15; 22 /o + Insurance)' $12;883.00" FRINGE +.(.130 days)'SALARY = $43;543.33 • 1- TIP Special Programs Specialist ... --. .. 45,000.00 100% _ 27,594.34 0.00 The TIP_Special Programs Specialist currently assists:the Prograrn Directowith.all aspects of the e truancy grant..TIP .:Administrati ve, Assistant: maintains: all databases, prepares statistical`reports,_.. - assists with monitoring of:grant.deliverables. in addition,;he/she resPOnSibleJor scheduling:alLtiudncy child.study team meetings levels;l;through 3,,coordinates and prepares locates with Miami Dade Schools Police; Department as needed, and alsoainks parents/guardians and studentsto,needed:-service. 0:00 TIP PROGRAM SPEICALIST., ., Salary for (130 days) ._ $27,594:34 v✓ithout Fringe Retirement (4 92%) =;$1,350FICA (7:65%) $2 111t00 8.0 .7 . Insurance:=$8,216.00 Workers Comp/Lia/Unemp.(2.65%) = 73.1:00 :FRINGE :TOTAL (15 22%) =112,416.00',' FRINGE +.(130 days) SALARY=.$40;019.34 ...:Full -Time Total - ,...:' :::-r.; List Part -Time/Seasonal Employees - ..4.00 - _. - " .353,136:26 - 0:00 : - • 0.0Q. Miami Dade County Public Schools .Police " - - - ' - 20,000.00 ' - 10,414.86 0.00 ' - •'"' •Comp.jCia/llemp2(2.65%) 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. . $40.00 HOUR X 260 HOURS = $10,414.86 Retirement (4.92%) = $513.00 FICA (:7,65%).=..$797.00. Workers - .r,, •:: ,.. - $275.99'FRIGE' TOTAL without Insurance (15.22/o) = 1,585.00.Hourly Rate + Fringe = $11,999.86 ' 1- District Director .. .100,000.00 0.00 100% 100,000.00 Provides fiscal -and programmatic management. 30-School Site Administrators - 562,500.00 - . - 0.00 100% - 562,500.00 ".super •truancy - Supervisingprogram director and teacher/counselors and iisors•reporting to his' work• location.` `In addition, the director, is the appointed superintendent's designee for filing petitions and represents ,the Superintendenbirialt truancy • nrnrr+adinns 15-School Support. Personnel . , 187,500.00 - 0.00 . 100% 187,500.00 Teacher/Counselors will be the care -coordinators. at the identified schools 0.00 0.00 .•.: •.`-- ,;Part`-TimeTotals �- -'- •'••,'I10,41486 •3.00i: •, 850000.00 ;' TOTALFTEs/SALARIES 4.00 $363,551.12 3.00 $850,000.00 ,. ... .. Attach FRINGE BNEFgi�t B, Contract #_, Resolution #_ , Page 1 of 6 Rev 4/10 TCT Line item /o 68 2% 70% FICA/Medicare Rate: 7.65% Rate: 12.65% M-DCPS - Subcontractor Budget 27,816.00 9,629.00 65,025.00 22,525.00 Workers Comp/ Lia./ Unemp Retirement Health Insurance Rate: 14:92% Specify & provide calculations Cost per FTE:1$8;216.00 Rate: Rate: 17,891.00 82,160.00 41,820.00 $8,216.00 x 10 full time staff personnel only M-DCPS-Fringeof 13.79% plus FICA above. For 21.44% r'TOTAL'FRINGE BENEFITS;' $137,496.00 $129,370.00 Exceed 30% of TCT Requested Salaries 26% TOTAL PERSONNEL COSTS PROGRAMOPERATING EXPENSES:' Travel (other than participants) Travel (participants) Meals (participants) Space (rent of a building) Utilities (e.g. telephone, utilities) Supplies - office (e.g. paper, printing, postage ) Supplies - program (e.g. curricula, books ) Non -Capital Equipment (less than $1,000) (List each) $501,047.12 5,043.15 1,010.00 0.00 Capital Equipment (greater than $1,000) (List each) 0.00 Subcontractors (List each) •0.00 Professional Services / Independent Contractors Intructors`;-;.• Certified: teachier(s)`:,; .' Tutor(s),,.>.:_.,:;+.';. .: -. 0:00 Consultant(s) Professional Services - Additional (List each) 0.00 Other ;0000'. ptlyertisng e+. Be ckgroundscreening r Admisswn_fo field trips , Other - Additional (List each) _000.• rachmedB71onteotifResulutioii4_ . 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: .51 x 10 milesper week x 10 weeks x 7 teacher/counselors) =357.00 Program-Director/TIP Coordinator/ TIP Program Specialist Mileage; Site visits, meetings, and Children's Trust meetings @ $.51-a mile x 20 weeks x 20 miles per week x 3) = $612.00 Tollsand-parking fees if applicable = $100.00 TOTAL IN -COUNTY = $1,069.00 Out of County Travel $5,043.15 forprogram-director, director, and TIP:Coordinator to attend conferences and symposiums. (Air fare and/or Car Rental, Conference Fees, Hotel Cost,•Meals Per Diem) TOTAL•OUT-OF-COUNTY= $5,043.15 3,000.00 $3,000 a month space and utilities for office space for teacher/counselors, Program Director, TIP Coordinator, and TIP Administrative Assistant 41,100.00 T-MOBILE WIRELESS AIR CARD/HOTSPOT $45.00 a month x 9 = $405.00 Total for Program Director & TIP Coordinator = $405.00 x 2 TOTAL (405.00,X 2) = $810.00 TMOBILE .WIRELESS Service Fees = $195.00 x 2 =_$390 Total: $810.00 +$200.00 = $1010.00 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. 20,151.00, 20,151.00 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 0.00 0�00. Page 2 of 6 ev 1% 0% 0Wo 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% • 0% • o r° o% 0% 0% 0% 0% .0% '0% 0% 0% 0°/° .. 0% 0°/ 0% 0% ,. 0% 0% M-DCPS - Subcontractor Budget TOTAL OPERATING EXPENSES: TOTAL PERSONNEL & OPERATING EXPENSES: Administrative/Indirect Costs (Cannot exceed 10%) M-DCPS 3% Indirect Cost $5,579.00 $506,626.12 15,683,51 TOTALBUDGET,• $ 522, 783.78 31% $64,851.00I $162,688.00 TOTAL PROGRAM GOST (REQUESTED FUNDING, AND---MATCH),must agree;wrth Total ':;; Program;Budget o Agency Budget'worksheet $68647178 or or 1% 97% 0% 3% 97% Attachment B, Contract #, Resolution #_ Page 3 of 6 Rev 4/10 Add to Originpf Budget Narratives: All Other BUdgot Amendment Narratives: Account# . Account Name Original. Budget Amended Budget 721 Professional Services (certified teachers) Originat,Budgot Calculation: yQ+o: Original Budget Narratives: Add to Original Budget Narratives: All Other Budget Amendment Narratives: Account# Account Name 0 0 Original Budget Amended Budget • 731 Professional Services (tutors) 0 0 Original Budget Calculation: Original Budget Narratives: Add to Original BudgetNarratives: All Other Budget Arnendment Narratives: Accotuit # Account Warne Original Budget Aniended Budget 741 PrnfeseioneIServices (consultants) 0 0 Origlnat'Budget Calculation: =30000 Original Budget Narratives: 11I29/2011 11th Judreial Circurt.Court is responsible for generating truancy court surmnoirs; eettiiig court dales, entering court hearing inioi'inatiori Into the Miami Dade County Mainframe System; maintaining truancy: court files ; and appearing it all t« ianay court hearings. s30,000.(Ih-Kind) . Add:to •Original,Budget Narratives: All Other Budget' Amendment Narratives: Account# Account Name: f-Miamf—gelvir.a i'� lireraiiip Original Budget Ai -handed Budget Contract 0.1203-1930; Resolution ff 2012-06 Page-36-01-49 Account II 791 Professional Services (other) 11.004. 11,004 Original Budget Calculation: =•3164+7920 Original Budget Narratives: 11 /29,2Q.11 Clerk of the Court - 53164.00 Clerk of the Court is responsible for generating truancy coUr1 summons, setting court dates, entering court hearing Inforrnallon into the Miami Dade County Mainframe Systetn; maintaining truancy court files; and appearing et all truancy court hearings. Calculation Is 25 days ' $126,57 per day = 53,104.25 Choices et al, Inc.: S7920.00 Will provide Professional devalopineril In the Family Conferencing Decision Making Model. Preperallon arid Supplies: 51.440.00 (12 hrs. x $120.00) 3 Day Training: $ 2,080.00 (0 hrs. x 3 days x $120.00 per hour); Follow -Up Training & Co- Facilitation to Complete Certliicalion $3,600.00 (10 sessions x 3 hrs. Y 5120.00)0) Add to Orlginel Budget Narratives: Alt.Other Durtget Amendment Narratives: Account tf al Account Nine Other (advertising) Original Budget Calculation: =0+0 Originnt:Budgot:Narralivesi Add to Original Budget Narratives: All Other Budget AinendmenFNarratives: Account Name Other. (background screening) Original Hudget Calculation: 0 Original Budget Narratives: . Add to Original Bridget Narratives: All Other Budget Amendment Narratives: Account # 831 Account Narne Other (admission to field trips) Citj+ of Miami - Service Partnership Contract 11 1203-1930; Resolution it 2012.06 Original Budget Athended Budget 0 0 OrtglnalBudget Amended Budget 0. 0 Original Budget Amended Budget 0 0 Page 37 of 49 Original Budget Calculation: =0+0 .Original Budget Narratives: -- ' Add to Original Budget Narratives: ' All Other Budget Amendment Narratives: Account # Account Name Original Budget Amended Budget 391.. Other (other) 0 0 Original Budget Calculation: _04o Original Budget N natives: - Add to Original Budget Narratives: All Other Budget Amendment Narratives: Expense Totals: 618,671 618,571 Salary end Expense Totals: 634,007 634,007 dthei- Funders Funding Orgarnxatibn Founda€ionn/Charitabie Funds: Foundations/Charitable Funds (Summary) (n-Kind Contribut ens - In -Kind Contributions (5urimery) State Grant - State C rant (Summary) City of Miami = Service Partnership Contract #>1203.1930: Resolution # 20'17-06 Anioutit 0 35,813 0 35,813 Page 38 of 49 ATTACHMENT B OTHER. FISCAL REQUIREMENTS, 'BUDGET arid METHOD -,OF PAYMENT Advance pal/mei-It•requests The Children"Trust Offers advance payments up to 15°/0 of the total contract amount. Advance requests shall be -limited to.,.gOvernrnental entities and not-for-profit:corporations, in accordance with subsection :2.16.181 (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 Managerand Chief.Financial Officer or .their deSignee(s). . , Advanced funds if not used shall be invested by Provider in ar insured interest bearing account, in accordance with subsection 216481 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Chiidren'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 :theadvanced funds ::utilizing the reporting format prescribed by The CliildrenS.Trust, If the "invoice" amount is Iess than the amount advanced, The.- Children's Trust will deduct the difference from next applicable monthly ,paymentrequest. Provider may reopest,::ihyy(iting, arr.eXtension.,oflhe:repaymeht,pf:itheadVance. A fiscal need must be Clearly :,.dernonstrated.. and substantiated by Provider in order for an extension request to be considered by The Children's Trust.. Buddet.reVisions Budget revision(s) reqUire:priorWritten-aPproval,frOM the Contract Manager and:TheChildren'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,:Trutt.jProvider:,•must,Tequest:•aHbudget.Tevision to add, delete, and/or modify any line itern(S)hBudget. revisions cannot be used to modify. the total contracted :amount , nor can they. be used to Modify;theScope.:of:Services than two-(2) :budget revisions may be approved during .the...contrattgterm..:,1-...BUdget.'irevision 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 ,iridirett:adMinistrative .costs in excess often (10c/o) percent of the total contract amount. . , Cost Reimbursement Method of Payment —The- parties agree that this 1.s.:.a cost reimbursement Method of payment contract; Provider • , • • shall be paid ;irr.atcordance.With :the..apOrtiVed budget and/or approved budget revision as set :forth this Attachment. • .Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements City of Miarnr- Service Partnership' Page 39 of 49 Contract # 1203-1930, Re.solution # 2012-06 Provider shall submit an original request for payrrient, utilizing the format prescribed by The Children's Trust and in accordance with the approved budget .or approved budget revision(s). The Children's Trust will notify Provider if the request for .,payment is to be submitted " The ,re uest for electronically using >the-:S>4ML5 :or, a -reporting invoke fo::m/spreadsheet q,,,,, payment is due on or before the fifteenth (15`5 day:of the month following the month 'in which expenditures were incurred (exclusive of legal holidays .or weekends). •The Children's Trust agrees to reimburse Provider on .a monthly billing basis. Every request by,Provider for payrrient 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 Rayment in the. format that is prescribed by The:.Chiidr.,en's.Trust. If .there are,. subcontractors to this Contract,.,. 'Subcontractor"Verification of Payrnent':from subcontractors of Provider must be indud ,d. if the,. Request for Payment•includes a.request for-reimbursement.:in-relation to:a.payment made to a. subcontractor. These forms may be downloaded from The Trust's:webs.ite. 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 i.dentif identified.in this -Contract, . The Children's Trust reserves the right to :requestany supporting docuroentation. A final: request for payrnent.(Iast monthly invoice of the contract term) rrom 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 right .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 ;unds to :.The .Children's Trust or submit appropriate aocumentation to:support the payment within thirty (30)��'ays-of notification by The Children's Trust Arterthirty (30) days, The Children'sTrust°may recapture amounts due. to The Childrens Trust/from this or --..any other The Chrlaren s Trust contract by reducing amountsrequested to be reimbursed `less the amount owed to.The Children s Trust: The Children's Trust shall have the sole discretion iitdeterminino if:Provider is er tttled'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 the an overpayrnent 'has been made, `Provider shall repay said.o ' verpayment.:within thirty t.30). `, calendar days=with:out priornotifi:cation from'Th'e'Chil'dren's:Trust If Provider fails :.to serve the: -Number :of ..partici.pants :and/or °fails :to'°utilize :the ::funds in:• accordance with the Contract, The Chil.dren's Trust :may amend the :Contract to reduce the amount of dollars: An.y delay in a,mendmen byThe=:Children's Trust a:not.deemec a•waiver-of` The Children's Trust's `right to amend or. seek: reimoursement 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 theforms.as prescribed by The :Children's Trust Requests for payment and/or documentation returned to'Provider ror `co, rectt'ons 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 P.ayrnent and/or other:required documentation. The-Children's-Trust may, retain .:any payments.. due.. until all .required reports, .deliverables monies owed to The Children's Trust are submitted and accepted by The .Children' Trust., Supporting Documentation Requirements City of Miami - Service Partnership Contract # 1203-1930; Resolution 2012-06 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 maintaina. cost. allocation methodology that it uses to'allocate its costs. Provider'shall use a cost allocation•;methodology which,assuresthat 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 Service Partnership" - Contract'# 1203-1930; Resolution # 2012-06 Page 41 of 49 ATTACHMEkT-C Program/initiative Programmatic Perforrrance•and `Data Reporting Requirements Provider shall submit to The Children's Trust individual: participant. demographics, attendance, and. performance measures as notedin the Scope of Service (Attachment A). Reporting includes electronic :submission of quantity and outcomes -data into The Children's Trust web-baseci.. reporting system and .submission of .narrative reports. ; Provider's .ute of web -based reporting requires mandatory training (provided by The:Children's. Trust) .and .:: user . login name. Minimum standards for performance are described in the sections below_ Failure to meet the minimum standards for performance will constitute a breach of contract. The Children's Trust reserves the right in .ifs sole discretion to determine remedies for such breach, including, without limitation, terminating a contract, reducing funding commensurate.. with below -minimum performance, or imposing other remedies on providers performing below any minimum' standard, or requiring "cures" or "performance improvement plans." .; For mid and endof the year performance reviews, Provider is awarded 'incremental credit for approaching the .identified performance targets. ACTIVITIES • Type 1 acclivities are intensive services, activities which participants are intended to -receive generally three or more contacts, and include .the core .program activities. Provider will report: demoaraohics of .individudl participants within seven (7) .days of .program enrollment. Demographics shall be updated regularly when new information is collected.(e.g., new address, gradeleVel). • Type2 activities are less intensive services, events which participants attend one ortwo•tirnes, and generally activities intended to serve :as enhancements to .other core • program �� activities. Provider will report: Date(s) of even,/activity, number of„participants:served b.y type (child..parent or.other), and location(s) of event/activity (with address and.zip code). PARTICIPANTS Demographic information required for CHILD/YOUTH participants with 3 or more contacts (Type 1 activities): • Participant's Name (Iasi, first, middle initial) o Parent's Name (last, first, middle initial) • Street Address, City, and.2ip•:Cod.e fl Parent/Guardian Primary Phone # and Email • Gender (male, female) • Date of Birth o Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Other languages) spoken (Spanish, Haitian Creole, Other) o Last 4 digits ONLY of Childs Social Security.ft o Child's Miami -Dade County Public Schools ID Number • • Current Grade Level o Current School Name • Does child have a Health.insurance? (yes/no) • Does child have a Docurrmented Disability? (.yes/no) • ,If' disabled; what type? (Autisrn Specfrurn Disorders, Chronic Medical Condition; Developmental Delay," Emotional and/or Behavioral,: Disorder Hearing impairment (or _, deaf), Intellectual Disability (or mental retardation), Learning :i3isability, Physical Disability,' - Speech/Language Impairment, Visual Impairment (or blind), Other] City of Miami:- Service Partnership Contract # 1203-1930; Resolution N 2012-06 • 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 diseiosure by a parent guardian); if child is noted as having a documented disability, o •hard • copy.of the selected docuhienfafion must be kept within the participant's file for monitoring purposes. • Other Child Needs (accommodations, :academic, behavioral) • Is participant (information to be reported in the Quarterly Narrative 'Report): o A child of a migrant •.farm •worker .(e., parent/caregiver crossed county or st.ate:lines in search of temporary Dr seasonal farm work •within :the post 36 months) a 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 ireipettS' all iprograrris: to serve children With disabilities regardless of disability type or. level; .;provided they can be:safely and; reasonably accommodated`in accordance with theAmericans with Disabilities Act (ADA): Providers who .May 'need assistance in .determining whether they can safely and reasonably accommodate :children with'disobilitmes must contact the AII• Children: Together (ACT).`resource Network.`• Other information to be obtainedfor all child Participants and included in the participant files, if abplicable: • Medical History and Authorization (including special needs and 'conditions) • Emergency ContacottnformatiOn • Transporiatian and Pick up.Aurhonzations • Confidentiality of Client Information • Voluntary: Consent for Video and Photography 0. Signed release of iriforrnation to The Children's Trust and authorizofionto participate. Deriiogrepnics .required far ;PARENT/CAREGIVER and .OTHER:. (e.g., community members, staff) participants with 3 or;mor coniacts..(Type:.1;:a tivities);_ o Number or children ln.their:care (tor:Parents/Caregiversonly) • Participanf`s.Name (last first, rrmlddle'initial}.: Street Address, City, and Zip:Code • Gender (mate, fernole).' .. • Date:a.f Birth • Race (:Anerican Indian/Alaska Native, Asian, :Black/African , merlcan, Pacific Islander, White, :Other} Ethnicity'(Hispanic, Haitian, Other) English Proficiency (yes/no) • Other-language(s) spoken (Spanish, Haitian. Creole, Other) • Participant s r-:ighestGr:ade.ofS.choof:: Completed PERFORMANCE Recruitment / Attendance. -:How much are you:doirta? (for al; Type 1 activities) Attendance refers'to the actual number ofparticipants (with. at Iecst one day :Of attendance) in a program. Attendance cannot be entered :for a given participant .,until her/his demographic in.forrnation-has .been completed: _The contracted number of participants is expected to be --.recruited and enrolled.in each activity as established in Attachmeht•A•.(S:cope of Seri%ices) ..• Mid -Year .Review Rectuirement:"Far type 1 activities, recruitment must be 100% of contracted participants as,stated in Artachment A for year-round and school Yea only, programs by the time of mid year review Programs :offering ser<ices In;=rnuffiple groups throughout the:.year (cohorts) will bp evaluates'based on:rhe.number of groups expected to be started by Mid -year. :- The number ofoup including estimated startcind er ddates of each;'must :befitted 'under'. the City of Miami - Service Partnership Contract # 1203-1930; :Resolution # 2012-06 Page 43 of 49 applicable activity in Attachment A. • End of the Year-: Review Requirement:. For all .Type 1 activities, regardless of'program schedule (year-round vs.. cohorts)., 1"00% of the contracted inumber.ot participants must.be served '(with at least 1 day of attendance) by the end:of the contact period. Retention 1 Dosaae -- How well are „ou doina? .(for all Type . ? activities) Retention refers to the number of participants :meeting .the nurnber.of sessions:nec essaryto have an impact (as established in Attachment A, or the :Scope of Services). Allparticipants with at least one day of attendance are counted towards retention rate. 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 Reauirement: The Children's .Trust mid -year ,performance reyieti, a? year- round and school -year :activities is :based on the a, eroge number cif sesSidns attended by all participants up to that time compared ro.:the numbe cot sessions: required to be completed in the. contract year (i.e., 50% for year-round programs and 60% :tor school yearonly programs). For programs with various groups :or cohorts. dur n.g, to zyear,. the .number of groups :scheduled to be completed atmid-.Year is used to determine .the required number of participants meeting the required number of sessions. The target percent tlot • participants servedcompleted groups by mid -year (cohorts completed by mid -year) will have met the total sessions .required for participation by trio-year,.:as required :by :the .specific contract's terms:found.in Attachment, A.. End of the Year Review Reauirement: Regardless of program schedule (year round vs. multiple groups), the target percent of the contracted number.:ot parfictpants will nave completed the required numberof sessions by the end of the year, as required by the specific contract's terms found in Attachment A. Utilization- How much are you dofno? Utilization. refers to.the number of::participant-days Acttuai' utilization.:calculates the sum of the total number of .days attended by ail participants (withat leas:'1 day of attendance).` "Proposed" utilization ;is based on the.total number of contracted panic pants to be served by the total number of ,contracted sessions. The -actual utfization during the selected. time :frame is then divided by the proposed _utilization to calculate the.Overall Uttltza:taon • o Mid -Year Review Reauirement`::50ro of the oVerall utilization across activifies.is expected.. • End of the Year Review Reouirement: The. Children's irust.requires a.1:O0overallutilization achieved by the end of the contract year. Outcomes - Is anyone better off? The purpose of evaluation is to promote improvements in outcome achievement and to facilitate changes in program practices that result in improved outcome achievement TO that end, we expect that all children will be evaluated and that all children and programs) can improve as a result. The Children's Trust requires. all participants with at least one day of attendance to be pre- tested; those completing the required sessions should aiso'be post -tested . Matched Sets and Testing Cothpiiance Matched sets refer to those participants with at .least 2 assessments; it could be a preand post test, or any"assessrnenfs administered at 2 separate time. .periods .and compared to each other. "Mid=Year ReView Reouirement; For year-round and school year only ;programs, 1•00io of - participants contracted .to be en;olied during the. review period should have completed a pre- test (activities under review will be those associated with'. specific. performance: measures cs.per City of 'i niarrti•- Service Partnership Page 44 of 49 Contract # 1203-1930; Resolution # 2012-06 Attachment A). Programs utilizing multiple groups are expected to have matched sets (both a, :pre anda post-test .for a.: given .`participanf)...or. one mime :assessments, if applicable, for 85% of those participants contracted to meet the required sessions by raid -year or•the actual number of participants meeting the required sessions, if:gre❑ter than the number contracted. • End of the Year Review Reauirement: All :programs should have matched sets (both a pre and a post-fesi for a given participant) or one-time assessments, if applicable, for 85% of those participants .contracted to meet `tile required sessions or the actual number of participants meeting the required sessions, if greater than :the:nurnber contracted. Outcomes Achievement Providers should.meet the _performance measures and targets required by the specific contract terms found in Attachment A (Scope of Services).. Data for all participants with matched sets or one-time assessments will contribute towards performance goals. ® Mid and End of the YearReauirement::The :Children's Trust requires outcome .achievement of the expected target specified in Attachment A (Scope of Services). QUARTERLY PROGRAM NARRATIVE REPORT, The Program Narrative. Report captures a bnet report of the program'ssuccesses, 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•cornptiahce, enhance administrative -:capacity and support- program and -employee development:':?rovider is required•fo ensure; attendance by appropriate agency -and/or program staff of the following trainings ;annually: New and :Renewal Contract Development and Contract Management '-trainings, "Quarterly :'.'Provider Meetings, and other topical-trainings offered throughout the year. o All Children Together (ACT) Resource Network (hito://ccdh.o c/act/gbaut act/J. The Children's Trust requires that providers offering intensive services to chi attend trainings, as offered, toeducate '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 :providers for technical assistance, mentoring training and consultation regarding provision of services to:children with disabilities. • injury .Prevention Education and Resources The Children's Trust requires all funded providers to fully participate in childhood injury prevention capacity -building efforts facilitated -by The Public Health Trust's injury .Free Coalition for Kids of Mia:rrti®, including participation in at least: One training :session relevant to the population being served, and distribution of parent education materials on home, water, car and bicycle safety. REPORTING SUBMISSION AND.DATA ENTRY • Participant attendance for c given month shall be entered into The Children's Trust webbased reporting systern by the fifteenth (15h) of the following month, exclusive of legal holidays or weekends. • All Outcomes Reports shall be submitted to The Children's Trust monthly by the i5th of each month for the previous month. Outcomes reports will besubmitted via The Children's. Trust web -based reporting system. Narrative reports shall be submittedquarterly to The Children's Trust:by the =l;5th"of the. month folibwing the end of the quarter. City. of Mini Service Partnership Contact# 1203-1930; Resolution t 201.2-06 Page 45 of.49 . .. r-- SCHEDULE OF REPORTS DEADLINES -r Required Report Reporting frequency Outcomes Measurement and Monthly Results (electronic submission via web -based reporting system) Demographics, Attendance, and other quantity data (electronic submission via web based reporting -system) Quarterly 'Program Narrative Report (Word) If the due date fans Monthly Due Date By 15Th of each month for the previous month By 15Th of each month for the previous month Quarterly For November; ;December and January DUE F.EBRUARY 15, 2012 For February, March and April - DUE MAY 15 2012 .For May, June and July - DUE AUGUST 155,'2012 weekend/holiday, them reports aare clue 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 informationfor the duration of this Contract term to facilitate referrals. Evidence that the profile(s) has been created or updated roust be provided to the Contract Manager within 30 days of execution of this Contract. City of Miami -Service Partnership Contract # 1203-1930; Resolution # 2012-06 Page 46.of 49 Attachment', p Progralrn `Specific Audit Reguiretnersts. The. Program! Specific Audit =is to erieompass an audit :of The Children's Trust contract(s) in accordance with section 0.2. 1Financial.Audit and Program Specific Audit. The comprehensive nature of auditing performed in accordance with the standardsset forth below places on the audit organization the responsibility :for .:ensuring,;that () the -audit :is conducted by personnel who:: have the necessary.•skills, (2) :independence is ,maintained, (3) applicable .standards are followedin planning and conducting:audits:and reporting the results, (4) the organization has an appropriate 'internal• -quality control system .in: place, and (5) the organization undergoes an external quality control review. Individuals assigned to these:audits are to complete at least 24 of the 80 hours of continuing education required for licensure insubjects directly related to the government environment and..: to government auditing as. required by Governmental Auditing Standards: The::program specific:audit requires .the following (a: sample.may.be found:on.:The Children's Trust website): Ai Submission of: (a).'Independent .a:uditor's report on:.the :financial..statements,;:as. it relates .to The. Children's :Trust .f..unded:prograrn(s).:and the .schedule: of budget to. :,actual :;expenditures of The -Children s Trust contract(s) . (b) basic financial:staternents as::it.relates;to The Children's Trust;funded prograrn(s). The basic financial:statements :is.to include the.Statement of .Financial :Position and the :Staternent.of Activities (c) :the schedule of budget to. actual . .expenditures, by budget category, reflecting expenditures -.during the .audit.:period-for each. The .Children's Trust contract, by contract number (d) summary of:schedule of prior and::current audit findings (e) disclosure of any significant finding(s) (f) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number :involved (g) a recommendation for a-.co.rrective:action plan on any finding (h) Report whether Provider has internal -controls in place .to ,provide reasonable assurance of compliance. with The Ctiildren`s Trust applicable contractual requirements and on .the reliability of financial operations. Provision of notes to the'fnaneial statements; Report -as to whether contractual matching requirements were met, if ap:plicabie; The:auditor must include in theirtesting: :a. testing of the budget versus actual expenditures. The approved budget is to include the original approved contracted budget as well as any approved budget revisions arid `budget.amendments. b. double billing .i.e. billing. under The Children's, Trust contract the same expenditure that is billed under another contract and,/or revenue source c. 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 d. testing for questioned costs e. testing that .the'P.rovider 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 f. - testing that ninnies used for the program were for _eligible participants g. testing for the supplanting of funds h. testing of match requirements, if applicable i-... testing of attendance or other :unit if the method of :payment is Lother. than a cost reimbursement payment method City of'Miami-Service :Partnet hig- Contract # 1203-1030; Resolution 2012-06 Page 47 of 49 j. testing of the .cost allocation play to verify :that. The Children's Trust is paying only ts far snare of costs for services,.overhead-and staffing k. testing that advanced funds, if not used, .shall be invested by Provider in an insured interest bearing account, and .that::any -interest earned .:on advancedfunds is.returned::to TheeChildren:S Trust. The independent auditor's report shall state that the=:audit was conducted in :accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial suits contained in ..Government Auditing Standards, issued by the Comptroller General of the United States, and the program speci`ic:audit requirements listed in The Children's Trust.contract(s). The:reportshali include the following: • An opinion {or disclaimer of opinion:). as to whether the financial statement(s) of Provider, as it relates to The Children's Trust program(s), is ;presented fairly iri 'all material.respects in coriforinitywith the stated.; accounting policies; • An opinion (or disclaimer of opinion)' as tt relates to .The Childr..en's:Tr ist .prograrn(s), whether the schedule of 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(s), -which.. shall describe the scope' of testing of=internal.contral and the results of.the tests, a A report on compliance- which includes an •opiniori, .(or disclaimer of opinion) as Ito whether theProvider complied with'laws; •regulations; and tpe .provisions of-contract(s) with The Children's "Trust which;could have.a direct:'anti material effect on:the:prog ram; and • A. schedule of findings and questioned' costs for'.The- Children's Trust:contract(s) that includes a summary of the auditor s. results,relative`to The Children's Trust contract;(s.).. and findings and questioned costs. City of Miami:- Services Partnership Contract # 1203-1930; Resolution # 2012-06 Page 48.of:49 ATTACH M E NT. E Affidavit for Level .2 BackgroundScreenings Affidavit Affirming Compliance with Background Screening for Provider Personnel, Volunteers,. and Subcontracted Personnel, as applicable In accordance with Sections ".943.0542, 984.01, Chapter 430, 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 77:5.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE .Before. me, the undersigned authority, personally appeared . (CEOlExecutive Director) of (Provider Name) Name of Contracted Provider Authorzed-Provider Representative , who being by me first duly. worn, deposes and says: (Signature of C-EO/Executive Director/HR'Director) Date T swear. 'andaffirm .that the above -named :contracted Provider is .compliant with the reauirernents '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 meat Miami-Dade.County,'F Florida this day of , 2011/20.12 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 Commit ion .Expires: City of Miami - Service :Partnership- Contract 441203-11936; Resolution #.2012-00 Page 49 of 49 Exhibit 2 Copy of City of.Miami .City Commission Resolution No. adopted Rjj:Draft 301156 Exhibit 3 Providers Resolution and Consent and Acknowledgement of The Children's Trust Contract No. 1230-1930 Rjj:Draft 301156