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HomeMy WebLinkAboutExhibit 1OfficersIExeCutye Committee Maria A. Alonso Chair Chet Zertin Vice Chair Dr..Josee Gregoire Secretary Hon. Isaac Salver Treasurer Pamela.Lillard, Chair Program. Services Dr. Rosa Martin, Chair .Childhood Health and Development 'Dr. Gina Cortes-Suarez, Chair Human .Resources Dr. Miguel.Balsera, At -Large The Board of Directors Donald I. Bierman Alberto M. Carvalho Lileana de Moya Bill Diggs Carolyn Donaldson Com. Audrey M. Edmonson Tema Flakes Dr. Thresia B. Gammon Benjamin'F. Gilbert, Jr. Dr. Nora Hernandez -Hendrix Nelson Hincapie Aline T. Hudak Fedrick Ingram EstherJacobo Rep. John Patrick Julien Dr. Martin Karp Royal' Membiela Carolyn Y. Nelson-Goedert Dr. William E. Pelham Hon. Orlando A, Prescott Dr. Isaac Prilleltensky Leah Sigilio Evelio Torres David :Lawrence 7r. Founding Chair Modesto E. Abety-Gutierrez President & CEO County Attorney's Office Legal Counsel The ChildreresTrust May 15,.2012 Esther Balsera City of Miami Office of the Mayor 444 SW .2nd Avenue Miami, Florida .33130 RE: Resolution #2012 56 Service Partnership program Resolution #2012-72 - Out of School program Res utio2"b12-45 - Parenting Dear, We are „,pleased Ao inform you'. that ;:on .May .14,'20.12, The 'Childrens Trust :Board`' of Directors approved .renewal :funnding of ,your `Miarr Partnership ; of the Truancy Reduction PlanfTruancy Court pilot program toT-reduce truancy" within the City of:Miarni' schools, in; an amour. not: to exceed 5845,343 00 for a :twelve, -month, period commencing`` August' 1;' 201i2 through .3uly 3�., 2013 Through Resolution #201:2-56, the'Service Partnership contract will'be renewed with new contract #1303-1930 pending negotiation and execution. Your 'contract manager'for this contract is Rachel Spector. The. Children's Trust Board of Directors has also approved renewal funding of your Out .of School contract, for program year 2012-20.13. Resolution #2012-72 was approved by The Children's Trust Board of Directors on May 14, 2012. Your Out of School contract, #13.10-1930 will be renewed in an amount up to $86,722.00 :for the Out of School program. Your contract manager for this contract is Patricia Leal. In addition, The Children's Trust :Board ..of Directors has approved renewal funding of your Parenting contract for program year 2012= 2013. Resolution #2012-45 was approved by The. Children's Trust Board of Directors on May 14, 2012. Your Parenting contract, #1323- 5520 will be renewed in an amount up to $153,162..00for this parenting program. Your contract manager for this contract is Hudelaine Deus. Please be assured that The Children's Trust will work expeditiously with your agency to execute these three contracts. We look forward to working with you andyour agency in successful implementation of your Service Partnership, Out of School and Parenting contracts. 3150 SW 3" Avenue, 8" Floor, Miami, Florida 33129 • Tel: 305-571-5700./ Fax: 305-857-9034 • www.thechildrenstrust.org May 15, 2012 Page Two If you have additional questions, you may contact your Contract Managers, Rachel Spector, Patricia Leal or Hudelaine Deus by e-mail at Rachel@thechildrenstrust.org, Patricia@thechildrenstrust.org or Hudelaine@thechildrenstrust.org and by phone at 305- 571-5700. Sincer: Modesto E. Abety-Gutierrez President and CEO 3150 SW P,Avenue, V" Floor, Miami, Florida 33129 • Tel:. 305-571-5700 / Fax: 305-857-9034 • www.thechildrer:strust.org FY 2012-2013 CONTRACT NO. 1303-1930 BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI OFFICE OF THE MAYOR FOR Service Partnership THIS CONTRACT is between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 81h Floor, Miami, Florida 33129 and the City of Miami, a Horida municipal corporation hereafter "Provider" whose address is 444 SW 2nd Avenue, Miami, Florida 33130. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2012 through July 31, 2012, subject to funding availability and Provider's performance. B. -TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4.• The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. -2. The Services'--activities-and -performance-measures; -as-well as- complete and accurate data and - programming information will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for services in and for the benefit of Miami -Dade County residents. City of Miami Page 1 of 49 Contract # 1303-1930, Resolution #2012-56 D. TOTAL FUNDING Subject . to the availability of funds, the maximum . amo t payable for Services rendered under this Contract shall not exceed $845,343.00, with a required atch of $0.00kProvider agrees that should available funding to The Children's Trust be reduced, the amount payable . under this Contract will be reduced at the sole option of The Children's Trust. Provider agrees to adhere to Other Fiscal • Requirements, Budget and Method of Payment outlined in Attachment B to this Contract. E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other. agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by, and currently available from, local and state funding sources for the same purpose. A violation of this section by Provider shall be considered a material breach of this Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 691-73.001, and is defined as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in this Contract (see Section K. Insurance). Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform all of the following: a) within 5 business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust. 7 , ('mac !s te- F114,11e-Cc .Jc o � tfl'Z City of Miami Page 2 of 49 Contract #1303-1930, Resolution #2012-56 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 days of its execution. All sub -contracts with Provider must be executed within 90 days of Provider's execution date. All subcontractors must agree to be monitored by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor for any expenses -or liabilities incurred under any subcontract. Provider shall be solely liable for any reimbursable expenses or liabilities incurred under any subcontract. Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or actions related to any subcontract. The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to, in writing by • The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any Subcontractor must be currently qualified to do business in the State of Florida at the time that a subcontractor agreement is entered into and services are rendered. 5. Religious Purposes Providers and/or their faith -based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. 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 and payment of payroll taxes, as applicable, throughout the term of the contract. Provider further agrees to provide agency and site(s) information to Switchboard of Miami 2-1-1, The Children's Trust 24 hour helpline. City of Miami Page 3 of 49 Contract #1303-1930, Resolution #2012-56 F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of -this Contract -at -no cost to The Children -is- Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF 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 City of Miami Page 4 of 49 Contract #1303-1930, Resolution #2012-56 retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla, Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; e. Does not furnish and maintain the certificates of insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract; 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; included, but not limited to budgets, invoices, and amendments in Services & Activities Management System (SAMIS). h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; is 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; Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract. p. Fails -to submit -an- Annual Financial --Statement Audit -Package -and -Program --Specific Audit, as applicable, in accordance with Section 0 and Attachment D of this contract. 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. City of Miami Page 5 of 49 Contract #1303-1930, Resolution #2012-56 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Contract, but Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five business days before the effective date of such suspension, in any event The Children's Trustshall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension, Provider shall be responsible for all direct and indirect costs associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. City of Miami Page 6 of 49 Contract #1303-1930, Resolution #2012-56 e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. K. INSURANCE REQUIREMENTS . Prior to, or on the date commencing the effective 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 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 Contract. The Children's Trust will not disburse any funds under this contract until all required Certificates of Insurance, or letter(s) of self-insurance have been provided to and have been approved by 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 of the subcontractor, 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 City of Miami, and provide the necessary certificate of insurance 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. • Commerical General Liability insurance, to include sexual molestation, in an amount not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless Provider can provide financial statements to support a higher deductible. The Children's Trust and City of Miami must be designated and shown on 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 any transportation companies hired for transporting program participants. The amount of coverage is $1,000,000 combined single limit per accident for bodily injury and property damage. The Children's Trust and City of Miami must be designated and shown as an additional insured and the certificate holder with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations -Rental -cars -may -be used -for -travel -to -attend- conferences outside -the tri=county-area. Transportation companies used by the Provider for the funded program must list The Children's Trust and City of Miami as a certificate holder and as an additional insured. 4. If applicable, Special Events Coverage, as determined by The. Children's Trust. The liability coverage will be the same as the coverage and limits required for commercial general liability and The Children's Trust and City of Miami must be designated and shown as "Additional Insured as Their Interest City of Miami Page 7 of 49 Contract #1303-1930, Resolution #2012-56 May Appear. Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 5. If applicable, 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 .rnay be inside the limits of liability and the policy can be written on claims made form. The Children's Trust and City of Miami should be listed as certificate holder but are not required to be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or licenses) 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 City of Miami and said capital equipment is under the care custody and control of Provider. The Children's Trust and City of Miami must be shown on the evidence of property coverage as a Loss Payee, as applicable. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, 81h Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than . B" 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 Miami, in writing, of cancellation, or material changes in insurance coverage in accordance to policy provisions. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover -the -time period commencing from -the -date of -cancellation of the prior insurance policy. -- - The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. City of Miami Page 8 of 49 Contract #1303-1930, Resolution #2012-56 All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust: ■ The Internal Revenue Service (I.R.S.) tax status determination letter, if applicable; • The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after Provider's fiscal year end or other appropriate filing period permitted by law; • If required by applicable law to be filed by Provider, IRS 941 - quarterly federal tax return reports within thirty-five (35) calendar days after the quarter ends and if applicable, state and federal unemployment tax filings and if the 941 and unemployment tax filings reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its President/CEO. 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 agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of .this Contract, consistent with Florida laws. 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles (GAAP). All such records will be retained by Provider for not less than five 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 this Contract or modification hereto has commenced before the expiration of the retention period, the records 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 Within 180 days of the close of its fiscal year, Provider agrees to electronically submit the following documents —to- The Children's—Trust, which together comprise an- Annual Financial- Statement Audit— Package; they are: (a). an annual financial statement audit, performed by an independent certified public accounting firm that is registered to do business with the Florida Department of Business and Professional Regulation; (b). an audit report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards (GAS Report); (c). a management letter; if no management letter is prepared by the independent certified public accounting firm, then Provider must confirm in writing to City of Miami Page 9 of 49 Contract #1303-1930, Resolution #2012-56 The Children's Trust that no such management letter was submitted to Provider; (d). 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, if applicable; (e). Auditors communication with those charged with governance (SAS 114 Report), if no SAS 114 Report is prepared by the the independent certified public accounting firm, then Provider muss confirm in writing to The Children's Trust that. no such report was submitted to Provider.. If a Provider's financial statement audit is prepared by the Florida Auditor General, then the due date for submitting an Annual Financial Statement Audit Package, as defined, is 270 days after the close of a Provider's fiscal year. The annual financial statement audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in Government Auditing Standards issued by the Comptroller General of the United States. Electronic filing of the Annual Financial Statement Audit Package, as defined, must be sent to the following e-mail address: audits@thechildrenstrust.org. Providers that are required to have a Single Audit agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan. In the event that the independent auditor does not disclose audit findings, Provider shall submit written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. 3. Program specific audit Within 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 from this or any other Children's Trust contract(s), related to the fiscal year under audit, must electronically submit a Program Specific Audit related to The Children's Trust contract(s), in addition to the Annual Financial Statement Audit Package. The Program Specific Audit shall be performed by an independent certified public accounting firm that is registered to conduct business with the Florida Department of Business and Professional 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.) 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. Electronic filing of the Program Specific Audit must be sent to the following e-mail address: audits@thechildrenstrust,org 4. Audit Extensions Audit extensions may be granted in writing by The Children's Trust 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-independent-certified public accounting -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 Annual Financial Statement Audit Package and other financial information will be used in the evaluation of Provider's performance and Provider's overall fiscal health. City of Miami Page 10 of 49 Contract #1303-1930, Resolution #2012-56 In the event that either the Annual Financial Statement Audit Package or the 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 shall withhold all payments to Provider until said documents are received and determined to be acceptable by The Children's Trust. 5. Access to records Provider shall provide access to all records including subcontractor(s) which relate to this Contract at its place of business during regular business hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust to insure compliance with applicable accounting, financial, and programmatic standards. This would include access by The Children's Trust or its designee, to Provider's independent auditor's working papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing at The Children's Trust's expense. 6. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the subject of this Contract, including any subcontracts under this Contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider wit rectify all deficiencies cited within the period of time specified in the report. 7. Client Records • Pursuant to Florida Statute 1 19.071(5), The Children's Trust collects the last four digits of 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 participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 8 . Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to ,applicable confidentiality requirements: (1) personnel —files -of---employees- which --include -hiring--records; background -screening- affidavits; - job - descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this Contract; all City of Miami Page 11 of 49 Contract #1303-1930, Resolution #2012-56 upon request by The Children's Trust. Provider shall retain all records for not less than five 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. 9. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law; (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require at sub -contractors to comply with this paragraph. 10. Data Security Obligation Provider shall maintain an appropriate level of data security for the personally identifiable information (PII) Provider is collecting or using in the performance of this Contract. PII is information that can uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify individuals. Provider shall maintain and adhere to a written Data Security Policy that addresses requirements regarding the protection of PII from unauthorized access and protection against data breaches and ensures Provider is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of PII on Provider's computing network and as paper records. This policy shall address the topics of computer passwords, screensavers that lock computers, securing physical facilities, storing data, data use, data confidentiality agreements, and staff training related to the policy. Additionally, Provider is responsible for 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. 11. Withholding of payment At the sole discretion of The Children's Trust, payment may. be withheld for non-compliance of contractual terms. The Children's Trust will provide payment upon satisfactory compliance of the contractual terms as solely determined by The Children's Trust. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but ---ndt-lir_hit-ed-t.o-amount-payable-and-effectrve--term-shall_only-be-valid=wherahey=have-been_r_educed to writing, duly approved and signed by both Parties. Except for changes to the total not to exceed amount payable and changes to the length of the effective term, the City Manager is authorized pursuant to City Commission Resolution No. , adopted . , as Provider's authorized representative for approving and executing alterations, variations, modifications, extensions, or waivers of the provisions of this Contract. Any changes to this Contract to change the total not to exceed amount City of Miami Page 12 of 49 Contract #1303-1930, Resolution #2012-56 payable and/or to change the length of the effective term shall require further City Commission approval(s). 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 law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 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 section, 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 MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete 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 sub -contractors 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 Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non -discrimination -and -Civil -Rights — — Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. City of Miami Page 13 of 49 Contract #1303-1930, Resolution #2012-56 Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 1 1 A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of. the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate at or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes § 1 12 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 http://www.miamidadeethics.com/Publications/code of ethics2010.pdf for the Code of Ethics Ordinance). 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with the following applicable provisions of the Sarbanes-Oxley Act of 2002, including: • 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—whistleblower-s or -retaliate against any employee —who reports --- suspected cases of fraud or abuse. City of Miami Page 14 of 49 Contract #1303-1930, Resolution #2012-56 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 licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to and during the contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1) Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The .Children's Trust, within seven (7) business days, if 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 policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. City of Miami Page 15 of 49 Contract #1303-1930, Resolution #2012-56 Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent/guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2-1-1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website.' X. PUBLICATIONS Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: English: City of Miami's Truancy Intervention Program 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. City of Miami Contract #1303-1930, Resolution #2012-56 Page 16 of 49 Espanol: City of Miami's Truancy Intervention Program esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacion, establecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami -Dade. Kreyol: City of Miami's Truancy Intervention Program finanse pa "The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. - THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK - City of Miami Contract #1303-1930, Resolution #2012-56 Page 17 of 49 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CITY OF MIAMI, A Florida municipal corporation THE CHILDREN'S TRUST MIAMI DADE COUNTY FLORIDA MIAMI-DADE COUNTY, FLORIDA Provider Federal ID# 59-6000375 By: by: Johnny Martinez, P. E. Modesto E. Abety-Gutierrez City Manager President and CEO Date: Date Attest: By: Priscilla A. Thompson, City Clerk Date: Approved as to Form and Correctness: Approved as to form and legal sufficiency By: By: • Julie 0. Bru, City Attorney County Attorney Date: Date: Approved as to Insurance Requirements: By: Date: Calvin Ellis, Director of Risk Management This contract is not valid until signed by both parties. City of Miami Page 18 of 49 Contract # 1303-1930, Resolution #2012-56 Attachment A* SERVICE PARTNERSHIP See Fo' ; 1. Description of Services (Include overall intention of rogram, outline of program activities, target population 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 Florida Department of Juvenile Justice, Big Brothers Big Sisters, ConnectFamilias, PsychSolutions, New Horizons Mental Health Community Center, Inc., Regis House, Inc. , and M-DCPS Police Department for the planning and implementation of a truancy intervention program, truancy court, and positive behavior strategies to improve student attendance and performance. 2. Target Population or Participants (Include numbers in table and a narrative description of participant characteristics below): ' 'Z,..i.. 4R'4'9r pl „ . - Y 1'L y , - } d *I: x 1 S 3Typ'e rT P,articlpante, ntenstue Services 3+ f 7 waot�tacts)$ 6G 4.,k �`[ ' 2k f .. ,S'x i b Z.�..�4s F ,{ 1h wmSyJJ f� t { ..� 41 Y '' .}t h ,Number of Untluplicatetl r- 7f articipants Type 1.Par Y tY C 1 .} ` N , { ik z of iti Number'.of Unduplicated f►c►pants Type 2 } `! .+ nrri %ah 'M:.* �. (IntensiverServices ,3+ s tak..4Fs. s ds (�ess thanM3 contacts) x tcontacts �t�� )M...1..2, tt / �d Y ..Y...'L fi �t/, $.-:C I ,_. ...., .`;,..��° - Total Year Round Children/Youth 1840 500 Year Round Children With Disabilities 575 50 Year Round Parents/Caregivers 0 0 Year Round Others (i.e., staff/professionals/ mentors) 0 0 a. Participants by Age ;r- q,:t 4Sr1a.ii i ,/ y d.T .FN-41tr S . ._ _ P Q. L .- Y 'k( otal epstin atetl number of T,ypexl; (intensrve services 3+tcontacts) participants'. .Y�}c' h A•5tiyrt '�3t fY.t( ty 3f7-ty S tv kTt 3 d =, 5 1 .�ipi Jltj SS.S'it ':'IYi i* n rou qi, S z e] t i� S Y 1. F :_ o be served by<age� fi ,. F. yid 1 'a.L / G - L. ` .`> . . ....,. ... _ _ .:.. 9 a W_ P�.. ��. .. . j . , -,.: , ., ... ....t _,. ,....... mot..'. ._ .._.. ,� Children Ages birth to five 300 Children Ages 6 to 12 1 140 Youth Ages 13 to 18 (22 if CWD) 400 b. Description of participants to be served (describe criteria for program enrollment eligibility, geographic areas/neighborhoods or schools to be served, risk factors, as well as any other significant demographics information; if serving children with disabilities, include type of disabilities): The Truancy Reduction Plan serves 1840 students combined, ages 5 — 18 years, who have 0-4 (Prevention) and/or 5 or more (Intervention) unexcused absences Miami Jackson Senior High, Citrus Grove Elementary School, Riverside Elementary School, Frederick Douglass Elementary School, Henry Flagler Elementary --School, -Shenandoah-Elementary--School, Auburndale- Elementary --School; Edison Park Elementary School, Santa Clara Elementary School, Kensington Park Elementary School, Shadowlawn Elementary School, .Lenora B. Smith Elementary School, Eneida Hartner Elementary School, Comstock Elementary School, Fairlawn Elementary School, Morningside Elementary School, Phyllis Miller Elementary School, Silver Bluff Elementary School, Paul L. Dunbar Elementary School, Kinloch Park Elementary School, Toussaint L'Ouverture Elementary School, Phillis Wheatley Elementary School, and Maya Angelou Elementary School . '1:,4_ 4-79 students in all 23 school locations will receive a pre -intervention letter. City of Miami Contract # 1303-1930, Resolution #2012-56 Page 19 of 49 3. Service Locations: Include the estimated number of Type 1 participants to be served (intensive services, 3+ contacts) at each ?! .., i!' i,K:.g.::::4.i4:,:i-.0-: ,er. ,iskre.,. „,.' ..,'5' ,,,,„ 'A -e;1_ f, 1,41 ;: 4 ; :i. ,' tr . ' „1 ,:.Children, ?!.'i t',,,f::.':,,-..' 4-. ,,,r, iggAt:NO:1 .'•1,",,,i,..,--.:,,,.: , , , . ' :..*Ogg., v. :.,.. o4,44, . :-aren ' :'.,ti!...,..,,,,tf-9.;-R4 . •":-.' :'. Miami Jackson Senior High School 1751 NW 36'1' Street Miami 33142 80 25 0 0 Lenora B. Smith Elementary School 4700 NW 12'1' Avenue Miami 33127 80 25 0 0 Santa Clara Elementary School 1051 NW 29'h Terrace Miami 33127 80 25 0 0 Citrus Grove Elementary School 2121 NW 5'11Street Miami 33125 80 25 0 0 Kensington Park Elementary School 711 NW 30'1' Avenue Miami 33125 80 25 0 0 Shenandoah Elementary School 1023 SW 21' Avenue Miami 33135 80 25 0 0 Edison Park Elementary School 500 NW 671)1 Street Miami 33150 80 25 0 0 Toussaint L'Ouverture Elementary School 120 NE 59'h Street Miami 33137 80 25 0 0 Shadowlawn Elementary School 149 NW 49TH Street Miami 33135 80 25 0 ' 0 Frederick Douglass Elementary School 314 NW 12th Street Miami 33136 80 25 0 0 Riverside Elementary School 1190 SW 2nd Street Miami 33130 80 25 0 0 Auburndale Elementary School 3255 SW 6th Street Miami 33135 80 25 0 0 Eneida M. Hunter Elementary School 401 NW 291h Street Miami 33127 80 25 0 , 0 Comstock Elementary School 2420 NW 18'h Avenue Miami 33142 80 25 0 0 Fairlawn Elementary School 444 SW 6011' Avenue Miami 33144 80 25 0 0 Kinloch Park Elementary School 4275 NW Is' Street Miami 33126 80 . 25 0 0 Rhillis Wheatley Elementary School 1801 NW ls' Place Miami 33136 80 25 0 0 Maya Angelou Elementary School 1850 NW 32nd Street Miami 33142 80 25 0 0 Henry M. Flagler Elementary School 5222 NW ls' Street Miami 33126 80 25 0 0 Morningside Elementary School 6620 NE 51)1 Avenue Miami 33136 80 25 0 0 Phyllis Miller Elementary School 840 NE 87th Street Miami 33138 80 25 0 0 2609-SW-259-A-venteI -Miaini- 33133 80 25 -0— ---- -0 ------ ----- -Silver-Blitff-Elementary-School Paul L. Dunbar Elementary School 505 NW 20th Street Miami 33127 80 25 0 0 4. Performance Measures: • a. Quantity -"How much will we do?" Type 1 activities are intensive services, activities which participants are intended to receive generally three or more contacts, and include the core program activities. The table reflects the unduplicated number of City of Miami Contract #1303-1930, Resolution #2012-56 Page 20 of 49 participants to be served and the number of required sessions for each participant to attend for the program to have an impact. Type 2 activities are less intensive services, events which participants attend one or two times, and generally activities intended to serve as enhancements to other core program activities. The table reflects the total number of participants across all events and the required sessions are the total number of events that will be offered. i+ - 7 J: ctivities/Service Name-: =l, escnption �..,,,, X -:.c ,t ,. � xY .: t =t' T! t(Inc�ude�requency int,ensity & duration=of , t 1p u; ��� c� r�.; .r,k ri7�,_ k .. ' ! �f r { sess ons as well as the numb4er of cy�c(es Tex ect'ed;t o'$�b e�off ere ;and..t efntatiYe, , � N r Str"`-}�✓:- "'i 1�yp [�.lu'.+n-� JM':''H. ki ix 1 y S "'t p F '. 1 4 �" � r wr ti}.V'" 6r, ' '!' ���.l H"i., "a PrYM L ^tF Matt t � �.-r�. } �..��rFt:,.�, A...�,schedule a, t.�� .:.� .. �,���,.,, .=,y._, ;, , y t seer �� s� -' t� 'r ;# of 5. , *�f h children'/ &�« �r� f =Youth# �' t1 ! i� C't t ( . ,._�,... _ „ x. tt a { {� F # of ' '� r arents r _ s , t 4r4. I+� - .. 7 - tT €h! # of 1� Y others } ,�;- t p'k 11'R.f ! _..,. a '` > ✓ , r # of required t'r r ;, sessions 4 1 .. ...! ..� .. ,.,, �. '. " s a s i cg %toU t , r meet 5 require,d - Y . .� A.' v Activity ; t r 15' e 1 ' l 'Tor{25, { �, ...`rt'] E TRUANCY INTERVENTION PROGRAM - TRUANCY CHILD 1840 0 0 3 85% 1 STUDY TEAM MEETINGS AND FOLLOW UP. Prior to Level 1- follow up activities will be conducted with students who attain an absence or had a prior history of poor attendance. • FU Home Visit • FU Parent Conference • FU Student Conference • FU Coordinating Services with Outside Agencies • FU Monitoring Student Attendance • FU Phone Call • FU Parent Letter • Initial letter to parents (tracked as Type 3 activity) Level 1 Students accruing five (5) or more unexcused absences would be scheduled for a Truancy Child Study Team (TCST) - Level 1 Meeting. Each school has an attendance team which consists of a school site administrator, school guidance or trust counselor, teacher/counselor, parent/guardian, and student. If thestudent is involved with any other outside agency that the school knows about, they would be invited to participate. Parent, student, and attendance team all sign the Truancy Child Study Team Intervention Plan. The teacher/counselor conducts case management and follows up (FU) with the cases. This is a care --coordination-process. FOLLOW-UP ACTIVITIES FROM TRUANCY CHILD STUDY TEAM MEETINGS • FU Home Visit • FU Parent Conference • FU Student Conference • FU Coordinating Services with Outside Agencies • FU Monitoring Student Attendance City of Miami Contract # 1303-1930, Resolution #2012-56 Page 21 of 49 z Activities/Sermice Name & Description' y y 'R Sw7 m �" i , t ti H �5 � S �t(In2:0. e frequency 1 ,ens duration of{ z sessio d s,as`well%,;: e. ' rti er of cycles .1 a I ,"- 'n . e r>. ,,te ,t ti\ n :,> Yx�ected,Ftobe�offeXedand tentativeA is7r, .r ,t, .. '4 2• 9.1,a r t .. ri t', F r� Cr4' ft { P':rKMA.,„ b. �` , JS F f` ,010 1 �!' L .1 e .,t�.schedl._,x .��,xg,.:,, ^� t h ft t^ i xij ' # of4 �n children/� , . , 1 ,Youth fi d`` i ::i ; 5 fyh i ...,3 _�. j t i% t' �i # of t�_ ° •' y Parents Zr.. i ,t tr a _.. t. ^ i.. i, # of ,4 othe s yt VV =. _ FI .3 �.R # of required nsessions,` v t Y %to meet re aired z q AG _ ....... _.. -T is a b yActivity Type 1, : or;2k,': ' k; c s fF ..-. Y}Y{ l • FU Phone Call • FU Parent Letter • FU Participate in court for students with delinquency for truant students who are delinquent and/or dependent Level 2 If student accrues five (5) more unexcused absences after a TCST-Level 1, a Truancy Child Study Team - Level 2 Meeting takes place with all parties involved, including outside agencies working with the family since the Level 1 meeting. The truancy child study team will review report and interventions from the Level 1 meeting. Based on the needs of the student and family, the team will prescribe new interventions or modify the existing plan to help improve the student's attendance. Follow Up is the same as after the Level 1 meeting. Level 3 If student accrues five (5) more unexcused absences after a TCST-Level 2, a Truancy Child Study Team - Level 3 Meeting takes place with all parties involved, including outside agencies working with the family since the Level 2 meeting. The attendance committee will review report and interventions from the Level 2 meeting. Based on the needs of the student and family, the team will prescribe new interventions or modify the existing plan to help improve the student's attendance. 1) Follow Up is the same as after the Level 1 Positive Behavior Plan Perfect Attendance Certificate - End of the Year 500 , 0 0 1 N/A 2 Truancy Court This is the activity that we are trying to prevent, hence the low number of participants. When a student/family has had a TCST - Level 1, 2, and 3 meeting and continues to demonstrate truant behavior, a staffing takes place at the school to determine if all intervention procedures were followed. If so, a Truancy Court Petition is filed by the Superintendent of Schools with the Clerk- -of----the---- Courts, ---under - Florida -Statute 5 — 0 — - -- 0 ------ 3 - -- 85% -- -- 1 984.151. Hearing (Preparation of Student Case Summary) The initial court hearing is scheduled to be held within 10 days of the filing date. On the date of the truancy hearing, selected staff from Miami - Dade County Public Schools and the City of Miami appears in court to substantiate 'the truancy petition. The judge or hearing officer hears the City of Miami Contract #1303-1930, Resolution #2012-56 Page 22 of 49 ;,ttir R ctivi ies' rilct euNarne ..p.scr! yiiio�n r r: z ,K 2` cZt {A+I•V�-( _�1 '! f} �... i `� „Pini N+�R Y t j Y 4 Y(• I Y I eude, rLequency intensity B dditi. 9n,: ��a$ rkl-lit ,i.:s,i i,r.. . 1. p�.i- c- =;f,< r� :a.' ^ate a f".,{A sessionstbjs W.elkets the,nu„mbplop •cycles ,} ;�ttx•a�tic.it 3 r �� x v �� � 'ex peced,to beC���,offere. dand tentative „ Q{l 4 ��'L YC YES 'vMi 1 �Sl# 1 ('✓ E i'I'� ' 1 i W 1 . s yu r .�, a. i�3s. • n s/�hedule �' x ....>.�r�� C'^!J3a'Fih ^2 .. \+.. ., .�Af� ASe�✓�. !^_•Y ... x' h� Sy, r r I 1 5 4,LS 1 # of „i} �a children/ h� outh k� Yt i Y'- ,r s A.. ,...�.. �.�it,. „ ` ,t jJ. ]-r � � 'of iFP arerits s x� i�: l� :.r Y_. -�... � ".,,< 4 ..� 1 # Of .� others m.,... a f .,. is 7 � ..1' # of �: . required sessions + tax ' s F hot t%#o,T i } 1 meets r- Frequued i f tl 1, -.-�w_.a k L�S�„ aap , Ac�tiviry4 t Type' or,2 r ' w^ 4 . :.�,,4>}3f.�,,,. .'.9.. petition and will ask the parent/guardian if they are in agreement with participating in a family conferencing session for the purpose of resolving the truancy issue. When all parties agree, the judge orders a Family Conferencing Session to take place within 14 days. Pre -Family Conferencing Session Immediately after the initial hearing the teacher/counselor schedules a pre -family conferencing session with the student and parent/guardian. The purpose of the pre -family conferencing session is to discuss with the parent the purpose of the family conferencing session, and also to identify key people in the lives of both the student and the family that they would like to participate in the family conferencing session to provide support. The teacher/counselor then advises the parent/guardian of the date and time of the family conferencing session. The teacher/counselor will coordinate with the selected school personnel, City of Miami personnel, and personnel working with the family from outside agencies, and the identified individuals by the family to invite all to attend the family conferencing session. Family Decision -Making Conferencing Session The family decision -making conferencing session centers on the child. The purpose of the meeting is to show the child the support system he/she has around them. Everyone contributes to the session, but the • session is led by the teacher/counselor. As the family conferencing session is being conducted, an attendance action plan is prepared simultaneously. At the end of the session, an attendance action plan is in place. Everyone in the session has input as to what should go on the plan that is relevant to the specific needs of the family and child. The plan is then signed by all of the attendees. The Family Decision Making Conference that is strength based and supports care coordination. 2"°_T-RUANCY__COURT _HEARING .-._. -... ..._..._ .- _______ At the second truancy court hearing the judge &— hearing officer is informed of the results of the family conferencing session: In addition, the attendance action plan is submitted to the court for the judge's or hearing officer's review. The judge or hearing officer will ask all of the participants if they are in agreement with the plan and intend to carry them out. If all parties are in agreement, the attendance action plan is then ordered. The judge will set another date for a City of Miami Contract # 1303-1930, Resolution #2012-56 Page 23 of 49 WMV q en truancy status hearing. TRUANCY STATUS HEARINGS The purpose of the truancy status hearings are to follow-up tndetermine ifthe student ismaking progress with attending school on a regular basis. Any concerns that may arise are addressed at these meetings toensure that progress is maintained. Ifafter several truancy status hearings the judge or hearing officer feels that the student nolonger needs tobemonitored, the court sets aTermination ofJurisdiction. In the event that after a period of monitoring the student has made no progress and/or has reverted back tothe truant behavior, the court will terminate the case as "Unsuccessful Disposition ofTruancy." Once the case has been dosed a ClN5/BNS will be filed. b. Quality —"How well will we do it?" Description of the required program Quality measures. IN Average number cf sessions attended (Participant Retention) Data Tracker Attendance Monthly #/%ofyouth satisfied with services provided Satisfaction Survey (pnzvded TRUANCY CHILD STUDY TEAM MEETINGS AND FOLLOW UP #��pa�nfs� . ���t�edwdh ` — services provided S����ti����(��d� Txu» C� STUDY TEAM �� � MEETINGS AND FOLLOW Up ' Observation of service delivery/ Fidelity checklist Service Logs Monthly Structured supervision Email communication/Supervision mg Monthly %ofstaff with necessary training /cortification HRReconds Annually cdstart of program and follow-up wit h any staff changes c. Outcomes —Measuring "Is anyone better off?" ,slocialre City oMiami Page 24of 49 £wP cf tldren/you h/pa are , ; ` �.-...' �Mearil .0 Improv�ernent; n+.h� �$., .. ,in€ : 3i „.....,. a ,.. .: , ,w.. 1, pools be :.:collected),.:.,.., y Midpoint performance: 75% of children/youth will attend school regularly after enrollment End of school year performance: 75% of children/youth will attend school regularly after enrollment Tool: School report cards / Records Baseline data (previous or • current year school records) to be collected at time of enrollment. Progress data is collected at the end of the 2nd grading period (midpoint) and at the end of the school Year. Results: TRUANCY CHILD Population: This outcome will be reported for STUDY TEAM MEETINGS AND all Type 1 participants enrolled during the contract year. Meaningful improvement: FOLLOW UP •Midpoint: 94% attendance rate (number of days attended by the student divided by the total number of school days offered). The date range used to calculate attendance rate begins with the students start date (first date of service in the program) and the last day of the 2nd grading period of the current school year. • End of the school -year: 94% attendance rate (number of days attended by the student divided by the total number of school days offered). The date range used to calculate attendance rate begins with the students start date (first date of service in the program) and the last day of the current school year. • Midpoint outcome results are reported in March 2013 and end of school year results in July 2013. Midpoint performance: 75% of children/youth will improve school attendance rate End of school year performance: 75% of children/youth wit improve school attendance rate Tool: School report cards / records Baseline data (previous or current year school records) to be collected at time of enrollment. Progress data is collected at the end of the 2nd grading period (midpoint) and at the end of the school year. Results: TRUANCY CHILD Population: This outcome will be reported for STUDY TEAM MEETINGS AND all Type 1 participants. Meaningful improvement: FOLLOW UP •Midpoint: Participants will improve their attendance rate by any degree when comparing their attendance rate from the 2010-11 school year to their attendance rate up to the 2nd grading period of the current school year. • End of the school year: Participants will improve their attendance rate by any degree when comparing their attendance rate from the 2010-1 1 school year to the 2011- 12 school. Midpoint outcome results are reported in March 2013 and end of school year results in July 2013. City of Miami Contract #1303-1930, Resolution #2012-56 Page 25 of 49 Th.e Eoutc;o'me;b.elow�.is aa:>non performance :based outcome to ..be reported ,at thTeAendof'the`.choo.l Year: 75% of children/youth will decrease risk associated with absenteeism Tool: School report cards / records Baseline data (previous year school records) to be collected at time of enrollment. Outcome results reported in July 2013. TRUANCY CHILD STUDY TEAM - Population: This outcome will be reported for MEETINGS AND FOLLOW UP all Type 1 participants. Meaningful improvement: End of the school year: Participants will improve their attendance rate by one or more benchmarks when comparing their attendance rate from the 2010-11 school year to the 2011-12 school. Benchmarks Definition No risk Absent 0-5% of days in the school year At risk Absent 6-10% of days in the school year High Risk/Chronic Absence Absent 11 - 20% or more days in the school year Severe Risk/Chronic Absence Absent 21% or more days. in the school year 5. Evidence -Based Programs (EBP) All strategies funded by The Children's Trust should deliver high quality, evidence -based practices that are strength -based, family centered, accessible, respectful of diversity and mindful of community context and connections, or constitute best practices that have been approved by The Children's Trust because when performed with fidelity they should deliver analogously high quality services. Listed are the evidence -based programs (if any) that are to be used during activities/service delivery. For information on evidence -based programs, visit The Children's Trust website. s5„Lz ty r?7pi\� t3 K3. 'r �..,. .,,�'. ,xE� �� �.�� ��,�,.:��r� , Evidence Basetl Programk , " �. 1 W `., u�,} -, ;. Y , � xa u ; � �a .� ,�rr�,� .,.����a �.� , � t � A Designating Agency: i ,. 1,,. ,' v.i ,k Wti.:.:_.,...(:fromsection,4;abov.,e).. Miami -Dade State Attorney's Office Truancy Intervention Program es r i Y. <; Activity/Service Name�� �,i��=�> Ins Mt,,il Prior to Level 1 & all TCST Meetings Truancy Child Study Team Meetings Family Decision -Making Conference The Miami Model Court Family Decision Making Conference Program Family Decision Making Conference 6. Staff Qualifications: _._ _P-rOvlder_represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Position Management module of SAMIS. '+ N7� ^ k t, ; l�tPositio{n Tite A ? h #Staff, I : .� t' FT [APT, S y & ' ' -, Position s jrT c Qualifications r v 9 d Duties � fftf tr r'',.,' ks, �$ "�R•fiT}t Ik}., 1 f- L<R y} " f h 3 : z ` r[S i` d � 3 7.,.� -a. C�• Status ,% ..0 �. Ik „Effort t tt v +"., :! -4 j {�" Type M 1 j Lt 6 P 1 S r ' kpAj tfdui r# tit dye, k' y tj�t��r fun:- rif sr 'Li 4+� .? „ i+uf �F.CaR.i3".:A ..v ndKi1FY.'.,..,.� r .. H r r fi�j'h.. >� '"M15' a ..-ss ?vi , ,;W. 3".C� ey ° i^'` ��H �, ,J.,_... a, i r .ka i? lif t� '{ ev4 �' , +..f m�—'S .. . _fu �- ,,.'}fit 7 i li ax 4, jY4 i x.: ? c .0 �. Y, nk-b :..r,rr. r..r�ic,� �r,..t 1 4 lr -! 7x $ q sat 7 Yf # a •.. f ,nR i.a Y �.f .a.. .t..( City of Miami Contract #1303-1930, Resolution #2012-56 Page 26 of 49 Program Director 1 Full - Time 100% Master's Degree or higher; minimum 3 years' experience directing and developing programs that address core adolescent issues and concerns. Research best practices, coordinate and facilitate meetings, analyze data, draft reports of findings Oversee TIP and Truancy Court functions and manage grant expectations and data collection. Facilitate collaborators' communication and assure that planning coordinator's input is put to use within the current pilot program. Truancy Intervention Program (TIP) Coordinator 1 Full - Time 100% Bachelor's Degree in education, human resources, related field; minimum 2 years' experience working with programs that address core adolescent issues and concerns. Identify students, distribute and print letters, schedule Truancy Child Study Team Meetings, attend meetings, oversee teacher/counselors at each school and work closely with the Program Director. TIP Program Specialist 1 Full - Time 100% Bachelor's Degree equivalent and at least one year experience with data entry. Support and assist TIP coordinator with phone calls, mailings, filing, and drafting of minutes of all meetings and data entry. Teacher/Counselors 7 Full - Time 100% Bachelor's Degree in counseling, social work or education related field; minimum 2 years' experience working with programs that address core adolescent issues and concerns. Provide interventions to the students and families exhibiting a truancy problem; participate in Truancy Child Study Team Meetings; conduct home visits; conduct family conferencing sessions; appear in court when necessary. In -Kind Staff Education Initiatives Coordinator City of Miami 1 5% ualifcations wire ucation= rc4 � xpenence4 N/A Provides fiscal & programmatic management. City of Miami Contract #1303-1930, Resolution #2012-56 Page 27 of 49 � YPosrtion Title �; �� . { {4 i 5 } Y F i %.; �.� f E• S'. cj lk.': , Y ig� , 5 , 9� �"" , # Staff,, i. '�J- 4 i. 'r.,y � Y1 'L ter rf l �3FT /"PST 3 { i Status t . f %� i y - Effort <, T Position , s h. .',I h - k kType 3 slY M1 s Qualifications 4� ht { 4 t ..- 1.. .� t .... Duties, 1 2, k1'S. �. iT\ G - E'.�,.. Director, School Operations/Special Programs Miami -Dade County Public Schools 1 5% 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% N/A 30 School site administrators are responsible for ensuring that all elements of the Truancy Reduction Plan / Truancy Court Pilot Program are adhered to at the school 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% 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. *Provider is cautioned to review Attachment C to this contract for the terms of programmatic performance and dote reporting requirements that must be followed in conjunction with -the specific terms applicable to this -- contract in this Attachment A scope of services. • City of Miami Contract #1303-1930, Resolution #2012-56 Page 28 of 49 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall be limited to governmental entities and not -for -profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children's Trust Contract Manager and Chief Financial Officer or their designee(s). Advanced funds, if not used, shall be invested by Provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance repayment Advance repayment is due within 60 calendar days of receipt of an advance: Provider shall report the amount of the advance repayment in SAMIS using the "advances/adjustments" button on the SAMIS reimbursement screen. If a Provider does not use SAMIS, then they are required to deduct their advance repayment from each invoice, consecutively, until the advance is repaid in full. Budget revisions Budget revision(s) require written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form and/or entered into SAMIS. All budget revisions are subject to final approval by The Children's Trust. Provider must request a budget revision to add, delete, and/or modify any line item(s). Budget revisions cannot be used to modify the total contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget revisions may be approved during the contract term. Budget revision requests must be submitted sixty (60) days prior to the expiration of Contract. Budget revisions will be incorporated into the Contract. Indirect Administrative Costs In no event shall The .Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract amount. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and/or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services _ __._....provide.d_in_t.his_Contract. _. Invoice Requirements • Provider shall submit an original request for payment, 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 the Provider if the request for payment is to be submitted electronically using SAMIS or by using a reporting "invoice" form/ spreadsheet. The request for payment is due on or before the fifteenth (151h) day City of Miami Contract #1303-1930, Resolution #2012-56 Page 29 of 49 of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends), The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment in the format that is prescribed by The Children's Trust. If there are subcontractors to this Contract, then the Form D-Attestation of Payment- must be either uploaded to the SAMIS Document Repository or included in the Request for Payment no later than 30 days after payment to subcontractor(s). These forms may be downloaded from The Children's Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this Contract. The Children's Trust reserves the right to request any supporting documentation. A final request for payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment within thirty (30) days of notification by The Children's Trust. After thirty (30) days, The Children's Trust may recapture amounts due to The Children's Trust, from this or any other The Children's Trust contract by reducing amounts requested to be reimbursed less the amount owed to The Children's Trust. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding. In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with.the Contract, The Children's Trust may amend the Contract to reduce the amount of dollars. Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for under -serving participants in accordance with the Contract. In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment .must comply with the requirements set forth in this Contract and must be submitted on the forms as prescribed by The Children's Trust. Requests for payment and/or documentation returned to .Provider for .corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and/or other required documentation. The Children's Trust may retain any payments due until all required reports,deliverables or monies owed to The Children's Trust are submitted and accepted by The Children's Trust. Supporting Documentation Requirements —Provider—shall—maintain original —records documenting actual expenditures and--services--provided according to the approved budget and scope of services as required. Supporting documentation shall be made available and provided to The Children's Trust upon request. City of Miami Page 30 of 49 Contract #1303-1930, Resolution #2012-56 Provider shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. City of Miami Page 31 of 49 Contract #1303-1930, Resolution #2012-56 CSC Program Allocation: $845,343 Budget Status: Submitted Salary Accounts Account # Title Budget Summary Report City Of Miami - SPP XX03-1930 City of Miami Office of the Mayor Fiscal Year 12-13 (8/1/12 - 7/31/13) Contract #:.1303-1930 Original Original Amended Program CSC CSC Budget Budget Budget 511 Regular Salaries and Wages 5,400 0 0 521 FICA/MICA 413 00 522 Retirement Contributions 0 0 .0 523 Life and Health Insurance 0 0 0 524 Workers Compensation 0 0 0 525 Unemployment Compensation 0 O 0 Salary Totals: Expense Accounts Account.# Title 5,813 O 0 Original Original Amended Program CSC CSC Budget Budget Budget 531 Travel (other than participants) 0 O 0 532 Travel (participants) 350 350 350 533 Meals (participants) 493 493 493 534 Space 0 O 0 535 Utilities 0 .0 0 536 Supplies (office) 16,907 16,907 16,907 537 Supplies (program) 42,267 42,267 42,267 540 Non -Capital Equipment 6,258 6,258 6,258 550 Capital Equipment 0 0 0 591 Indirect Cost 62,627 62,627 62,627 611 Subcontractor 699,357 699,357 699,357 711 Professional Services (instructors) 0 O 0 721 Professional Services (certified teachers) 0 O 0 731 Professional Services (tutors) 0 O 0 741 Professional Services (consultants) 30,000 O 0 791 Professional Services (other) 11,084. 11,084 11,084 81-1 Other (advertising) 0 821 Other (background screening) 0 O 0 831 Other (admission to field trips) 0 O 0 891 Other (other) 6,000 6,000 6,000 529 Fringe Benefits (other) 0 0 0 Expense Totals: 875,343 845,343 845,343 City of Miami Page 32 of 49 Contract #1303-1930, Resolution #2012-56 Salary and Expense Totals: 881,156 845,343 845,343 Program Funders Summary Funders Funder Type Funder Total Comment In -Kind Contributions In -Kind Contributions (Summary) 35,813 City Education Initiatives Coordinator and Clerk of Courts. Summary Funder Totals: 35,813.00 City of Miami Page 33 of 49 Contract # 1303-1930, Resolution #2012-56 P lary Data ition Orig Salary Amend Salary Comprehensive Budget/Amendment Report City Of Miami - SPP XX03-1930 City of Miami Office of the Mayor Fiscal Year 12-13 (8/1/12 - 7/31/13) Contract #: 1303-1930 Original Budget Orig Amend Orig Amend FICA FICA Retire Retire Orig Amend Orig Amend Orig Amend Insur Insur WC WC Unemp Unemp E 0 cation Initiatives Coordinator (6019) Staff: Balsera, Esther (4422) Gross: 54,000 rogram: 5,400 CSC: 0 54,00o! 4,131 4,131 0 0 0 0 0 0 0 0 ' 5,4001 413 413 0 0 0 0 0 0 0 0 0 0 Time Period Rate Wks Funded 08/01/2012 - 07/31/2013 25.96 52.00 inal Budget Narratives: T City's Education Initiatives Coordinator ass get Amendment Narratives: A..roved Date: P ition Orig Amend Salary Salary Total Distribution to Program Salary Percentage of Distribution to Gross Salary 0 0 0 0 0 0 Original Distribution Program Allocation CSC Allocation Match Allocation Hrs/Week Amt Hrs/Week Amt Amt 4.00 5,400 0.00 0 10% 5,400 VA 0 100% 5,400 1 0 % 0% 10% res contract compliance, fiscal responsibility and coordinates the implementation of the program between all parties involved. $25.96 x 4 x 52 = $5400.00 Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend FICA FICA Retire Retire Insur Insur WC . WC Unemp Unemp Fr.:ige Benefits (6021) Staff: Benefits, Fringe (950) City of Miami Contract # 1303-1930, esolution #2012-56 Page 34 of 49 Gross: Drogram: CSC: 0 0 0 ginal Budget Narratives: o o 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0- 0 o 0 0 0 0 0 0 0 0 0 1�„29/2011 Workers Compensation: The provider; is self -insured for workers' compensation. They do not currently cost allocate any premium surcharges back to the originating departments, so there are c rently no premium charges to report. U mployment: The provider is a fully reimbursable entity and as such does not incur any premium charges. They reimburse all costs incurred due to former employees claiming unemployment benefits on the ba ,is of actual charges incurred. As such, there are no specific premium charges being incurred for unemployment insurance. BLget Amendment Narratives: Ap-roved Date: Sclary Totals Percentage of Program Distribution to Gross Salary: 10% Percentage of CSC Distribution to Gross Salary: 0% Orig Amend Salary Salary Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp Gross: 54,000 54,000i 4,131 4,131 0- 0 0 0 0 0 0 0 'rogram: 5,400 5,4001 413 413 0 0 0 0 0 0 0 0 CSC: 0 01 0 0 0 0 0 0 0 0 0 0 Ei pense Data Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 5 0 Fringe Benefits (othe) ; 0 0 0 0 Original Budget Calculation: =0+0 ginal Budget Narratives: Budget Amendment Narratives: A A )roved Date: :ount # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget City of Miami Contract #1303-1930, esolution #2012-56 Page 35 of 49 52 Or B Ap Ac Travel (other than pa icipants) Original Budget Cal lation: =0 inal Budget Narratives: get Amendment Narratives: roved Date: ount # Account Name 0 Orig CSC Budget Amend CSC Budget 0 0 0 Orig Prog Budget Amend Prog Budget 5 Travel (participants) 350 350 350 350 Original Budget Calculation: =350 Original Budget Narratives: B c & Metro -Rail passes for parent conference, truancy $3.50 (Roundtrip Fare) 10 participants X 10 conferences = $350.00 Budget Amendment Narratives: Ap roved Date: Ac count # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 5 Meals (participants) 493 493 493 493 Original Budget Calculation: =493 0 ginal Budget Narratives: MEALS - FAMILY DECISION CONFERENCING SESSIONS, Best practice indicates meals be served for conference sessions which usually take place in the evening thus the dinner rate. Co. t of Meal per Person: $4.93 Total Cost = $4.93 x 10 participants x 10 conferences = $493.00 perconference Grand Total= $42.50 x 10 sessions = $425.00 Budget Amendment Narratives: A Sroved Date: A Count # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 53 Space 0 0 0 0 Original Budget Calculation: =0+0 City of Miami Contract #1303-1930, Resolution #2012-56 Page 36 of 49 Original Budget Narratives: Budget Amendment Narratives: Ao roved Date: Acount # Account Name I Orig CSC Budget . Amend CSC Budget Orig Prog Budget Amend Prog Budget 5,4 0 Utilities 0 0 0 0 Original Budget Calculation: =0+0 ginal Budget Narratives: Budget Amendment Narratives: Approved Date: Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget Supplies (office) Original Budget Calculation: =16907 O ginal Budget Narratives: S plies per Month: $1408.91 X 12 months for 23 schools Budget Amendment Narratives: Adoroved Date: Account # Account Name 16,907 16,907 Orig CSC Budget 16,907 16,907 Amend CSC Budget Orig Prog Budget Amend Prog Budget 52 Supplies (program) Original Budget Calculation: l; =42267 Or ginal Budget Narratives: TY at 42,267 42,267 42,267 42,267 5 money is being utilized to purchase basic nleeds items for students to ensure that they go to school: school uniform vouchers which includes bookbag, school supplies, and certificates for perfect endance recognition and improved attendance recognition. $3522.26 per month x 12 months i City of Miami Contract #1303-1930, Resolution #.2012-56 Page 37 of 49 B dget Amendment Narratives: Alproved Date: A count# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 543 Non -Capital Equipment Original Budget Calculation: =6258 Or ginal Budget Narratives: 6,258 6,258 Fex Machine $349.99, Mesh Mid Back Chair $480.20 Storage Cabinet $252.91 x 2, Lateral File Cabinet $958.30 x 2, Single -Left Pedestal Credenza $595.00, Series Bridge $209.30, Single -Right Priestal-Mates With Left $686.70, 5-Shelf Bookcase $222.36, 14-Sheet Cross -Cut Shredder $321.99, Guest Chair $219.80 x 2, 2-Drawer Lateral File $326.20, LaserJet Printer $204.40 B dget Amendment Narratives: A roved Date: Account if Account Name Orig CSC Budget Amend CSC Budget 6,258 6,258 Orig Prog Budget Amend Prog Budget 553 Capital Equipment 0 0 0 0 Original Budget Calculation: ginal Budget Narratives: New Budget Amendment Narratives: Amroved Date: Amount# Account Name - Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 591 Indirect Cost 0 8 Original Budget Calculation: • 62627 ginal Budget Narratives: of Total Program Cost $62,627 Budget Amendment Narratives: A®roved Date: 62,627 62,627 62,627 62,627 City of Miami Contract # 1303-1930, Resolution #2012-56 Page 38 of 49 A ount # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 6 0 BI AI Subcontractor Original Budget Calculation: =699357 ginal Budget Narratives: mi-Dade County Public Schools: $699,356.43 See Sub Contractor Budget dget Amendment Narratives: oved Date: Ai~ount # Account Name 699,357 699,357 Orig CSC Budget Amend CSC Budget 699,357 699,357 Orig Prog Budget Amend Prog Budget 711 Professional Services (instructors) 0 0 0 0 Original Budget Calculation: =0+0 Or ginal Budget Narratives: Budget Amendment Narratives: A=roved Date: Acount # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 72'I 0 Professional Services (certified teachers) 0 0 0 0 Original Budget Calculation: =0+0 ginal Budget Narratives: Budget Amendment Narratives: A=roved Date: At~ount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 73 Professional Services (tutors) City of Miami Contract #1303-1930, Resolution #2012-56 Page 39 of 49 Original Budget Calculation: =0+0 Or ginal Budget Narratives: Buiget Amendment Narratives: AGnroved Date: Amount # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 7 Professional Services (consultants) 0 0 30,000 30,000 Original Budget Calculation: =30000 Or ginal Budget Narratives: 1' h Judicial Circuit Court is responsible for generating truancy court summons, setting court dales, entering court hearing information into the Miami Dade County Mainframe System; maintaining tn. tncy court files; and appearing at all truancy court hearings. $30,000 (In -Kind) BtIldget Amendment Narratives: Approved Date: A¢ount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 7d 0 Professional Services (other) Original Budget Calculation: =3164+7920 ginal Budget Narratives: 11,084 11,084 11,084 11,084 - Clerk of the Court is responsible for generating ruancy court summons, setting court dates, entering court hearing information into the Miami Dade County Mainframe System; maintaining truancy cc rt files; and appearing at all truancy court hearings. Clerk of the Court will be paid 2.8 hours at an average hourly rate of $22.29 (2:00 p.m. - 4:45 p.m.) and .8 hours at average overtime hourly rate of ;26.75 (4:45 p.m. - 5:30 p.m.) = $89.16 + $37.40 (Fringe @ 41.95% IS ALREADY INCLUDED) for a grand to II of of $126.57 a day. $126.57 x 25 days Cl-ices et al, Inc. will provide professional development in the Family Conferencing Decision Making Model. Preperation and Supplies: $1,440.00 (12 hrs. x $120.00) 3 Day Training: $ 2,880.00 (8 hrs. x 2 days x $120.00 per hour); Follow -Up Training & Co -Facilitation to Complete Certification $3,600.00 (10 sessions x 3 hrs. x $120.00) Btaiget Amendment Narratives: Approved Date: - Ac.:ount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 8 Other (advertising) City of Miami Contract # 1303-1930, Resolution #2012-56 Page 40 of 49 Original Budget Calculation: =0+0 Or ginal Budget Narratives: B..ciget Amendment Narratives: A.roved Date: Acount # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget - Amend Prog Budget 821 Other (background screening) 0 0 0 0 Original Budget Calculation: =0+0 Or ginal Budget Narratives: BAget Amendment Narratives: A =roved Date: Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 831 Other (admission to field trips) 0 0 0 0 Original Budget Calculation: =0+0 ginal Budget Narratives: Budget Amendment Narratives: A roved Date: Aacount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 891 Other (other) Original Budget Calculation: =6000 6,000 6,000 6,000 6,000 City of Miami Contract #1303-1930, Resolution #2012-56 Page 41 of 49 Or ginal Budget Narratives: P gram Specific Audit Budget Amendment Narratives: Approved Date: Epense Totals Orig CSC Budget Amend CSC Budget 845,343 845,343 Orig Prog Budget Amend Prog Budget 875,343 875,343 Ss lary and Expense Totals Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 845,343 845,343 881,156 881,156 City of Miami Contract #1303-1930, Resolution #2012-56 Page 42 of 49 ATTACHMENT C Service Partnership Programmatic Performance and Data Reporting Requirements Provider shall submit to The Children's Trust individual participant. demographics, attendance, and performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcomes data into The Children's Trust web -based reporting system and submission of narrative reports. Provider's use of web -based reporting requires mandatory training (provided by The Children's Trust) and a user login name. Failure to meet the minimum standards for performance will constitute a breach of contract. The Children's Trust reserves the right in its 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 "performance improvement plans." ACTIVITIES • Attendance -based activities are ongoing service activities in which participants are intended generally to receive three or more contacts, and include the core program activities. Provider will report: Demographics of individual participants within seven (7) days of program enrollment and specific dates of contact. Demographics shall be updated regularly when new information is collected (e.g., new address, grade level). • Group activities are less intensive service events that participants attend one or two times,. and generally are activities intended to serve as enhancements to other core .program activities. Provider will report: Date of event/activity, number of participants served by type (child, parent or other), and select the location of event/activity. PARTICIPANTS Demographic information required for primary CHILD/YOUTH participants in attendance -based activities: • Participant's Name (last, first, middle initial) • Parent's Name (last, first, middle initial) • Street Address, City, and Zip Code • Parent/Guardian Primary Phone # and Email • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Last 4 digits ONLY of Child's Social Security # • Child's Miami -Dade County Public Schools ID Number • Current Grade Level • Current School Name •..:..._Doe.s.child_ have ..H.ealth_Insuran.ce2.._(yes/-no)-----..._..-_._.----...------------- .- • Does child have a Documented Disability? (yes/no) • If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Impairment, Visual Impairment (or blind), Other] City of Miami Page 43 of 49 Contract #1303-1930, Resolution #2012-56 • Documentation of Disability (Individualized Family Service Plan; Individualized Education Plan; Section 504 Plan; diagnosis from a medical doctor, state certified, registered, or licensed professional; and/or disclosure by a parent/guardian); if child is noted as having a documented disability, a hard copy of the selected documentation must be kept within the participant's file for monitoring purposes. • Other Child Needs (accommodations, academic, behavioral) • Is participant (to be reported through the web -based reporting system or Quarterly Narrative Report): o A . child of a migrant farm worker (i.e., parent/caregiver crossed county or state lines in search of temporary or seasonal farm work within the past 36 months) o Involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) o Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs) o A child of a military family (i.e., member of the child's family who he/she lives with or knows and who is either: 1) an active duty member of the uniformed services; 2) a member of the national guard or reserves; 3) a member or veteran who was severely injured and medically discharged or retired; or 4) a member killed in the line of duty) Children with Disabilities - The Children's Trust expects all programs to serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the Americans with Disabilities Act (ADA). Providers who may need assistance in determining whether they can safely and reasonably accommodate children with disabilities must contact the All Children Together (ACT) Resource Network. Other information to be obtained for all CHILD participants and included in the participant files, if applicable: • Medical History and Authorization (including special needs and conditions) • Emergency Contact Information • Transportation and Pick-up Authorizations • Confidentiality of Client Information • Voluntary Consent for Video and Photography • Signed release of information to The Children's Trust andauthorization to participate Demographics required for PARENT/CAREGIVER (primary adult) and OTHER (secondary adult) (e.g., community members, staff) participants in attendance -based activities: • Number of children in their care (for primary adults / parents only) • Participant's Name (last, first, middle initial) • Street Address, City, and Zip Code • Primary Phone # and Email • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Other language(s) spoken (Spanish, Haitian Creole, Other) • Participant's Highest Grade of School Completed Other information to be ob:tdined for_all__-ADULT-participants:-and_ihcluded-in the -participant files, if applicable: • Confidentiality of Client Information • Signed release of information to The Children's Trust and authorization to participate City of Miami Page 44 of 49 Contract #1303-1930, Resolution #2012-56 PERFORMANCE MEASURES All contractual performance measures are specified within Attachment A (Scope of Services), along with the specific targets to be achieved (i.e., target numbers and percentages). Below are key definitions related to how performance for this contract will be analyzed. How much are you doing? Recruitment - Refers to the actual number of participants (with at least one day of attendance) across all attendance -based activities in a program. Attendance cannot be entered for a given participant until her/his demographic information has been completed. The contracted number of participants expected to be recruited and enrolled in each activity is set forth in Attachment A (Scope of Services). How well are you doing? (for all Attendance -based activities) Retention - Refers to the number and percentage of participants meeting the number of required sessions across all attendance -based activities. All participants with at least one day of attendance are counted towards retention. Engagement - Refers to the average number of sessions attended by participants across all attendance - based activities. All participants with at least one day of attendance are counted towards engagement. Outcome -Testing / Match Sets - Refers to the number of participants tested compared to the number of participants recruited/retained. All programs participants should have matched sets (both a pre and a post-test for a given participant) or one-time assessments, if applicable, by the end of the contract year for the number of participants contracted to meet the required sessions or the actual number of participants meeting the required sessions, if greater than the number contracted. 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 al 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 also be post -tested. . Contracted Outcome Achievement - Refers to the percentage of contracted participants meeting or exceeding the expected outcome results. Actual Outcome Achievement - Refers to the percentage of actual participants meeting or exceeding expected outcome results. QUARTERLY PROGRAM NARRATIVE REPORT The Program Narrative Report captures a brief report of the program's successes, challenges, and support needed on a quarterly basis (four reports total over the contract period). A standard Word document format will be provided and is available for download on The Children's Trust website. TRAINING AND QUALITY IMPROVEMENT The Children's Trust offers a variety of trainings on important topics to improve service delivery and contract compliance, enhance administrative capacity, and support program and employee development. Provider is required to ensure attendance by appropriate agency and/or program staff at the following trainings annually: New and Renewal Contract Development and Contract Management trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the year. All Children Together (ACT) Resource Network (http://ccdh.orq/act/about act/). The Children's Trust requires that providers offering intensive services to children attend trainings, as offered, to become City of Miami Page 45 of 49 Contract #1303-1930, Resolution #2012-56 educated about the inclusion of children with disabilities. Inclusion of children with disabilities requires that programs be appropriately adapted to meet the needs of at 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 (http://thechildrenstrust.ora/injury-prevention). 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 Miami®, 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 EADLINES Required Report Reporting Frequency Due Date Outcomes Measurement and Results (electronic submission via web -based reporting system) Monthly By 15th of each month for the previous month bemographics, Attendance, and other quantity data (electronic submission via web -based reporting system) Monthly By 15th of each month for the previous month Quarterly Program Narrative Report (Word) Quarterly For August, September and October — DUE NOVEMBER 15, 2012 For November, December and January — DUE FEBRUARY 15, 2013 For February, March and April — DUE MAY 15, 2013 For May, June and July — DUE AUGUST 15, 2013 *If the due date falls on a weekend/holiday, then reports are due the following business day. PROFILE WITH SWITCHBOARD OF MIAMI Provider shall create and/or update agency and program profiles, and site(s) information in the Comrnunity Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information to facilitate referrals for the duration of this contract term. Evidence that the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. City of Miami Contract #1303-1930, Resolution #2012-56 Page 46 of 49 Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section 0.3. Program Specific Audit. The comprehensive nature of auditing performed in accordance with the standards set forth below places on the audit organization the responsibility for ensuring that (1.) the audit is conducted by personnel who have the necessary skills, (2) independence is maintained, (3) applicable standards are followed in 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, and every two years, in subjects 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): Submission of: a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contract(s) b. Schedule of Expenditures of The Children's Trust Contract(s) c. Notes to Schedule(s) d. Independent Auditor's Report on Compliance with Requirements That Could Have a Direct Material Effect on The Children's Trust Contracts and on Internal Control Over Compliance in Accordance With the Program Specific Audit Requirements of The Children's Trust Contract(s) e. Schedule of Findings and Questioned Costs f. Supplemental Information, which includes a Schedule of Budget to Actual Expenditures of The Children's Trust Contract(s) The auditor must include the following tests in their audit program: 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 and 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 Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the contract and within the contract period f. testing for the supplanting of funds g. testing of match requirements, if required h. testing of the cost allocation plan to verify that The Children's Trust .is paying only its fair share of costs for services, overhead and staffing i. testing that advanced funds, if not used, shall be invested by Provider in an insured interest bearing account and that any interest earned on advanced funds is returned to The Children's Trust. j testing the controls over compliance beyond the Statement on Auditing Standards No. 117, which means that an audiotor-s-risk-assessment-must-include-an-expectation-of-the-operating effectiveness of controls over compliance; and in doing so, the assessed control risk must be set at low. 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 audits contained in Government Auditing Standards, issued by the Comptroller General of the United City of Miami Page 47 of 49 Contract #1303-1930, Resolution #2012-56 States, and the Program Specific Audit requirements listed in The Children's Trust contract(s). The report shall include the following: • An opinion (or disclaimer of opinion) as to whether the Schedule of Expenditures of The Children's Trust Contract)s) of Provider, is presented fairly in all material respects in conformity with accounting principles generally accepted in the United States of America, An opinion (or disclaimer of opinion) as to whether Provider maintained compliance with requirements that could have a direct material effect on The Children's Trust Contract(s) and on internal control over compliance in accordance with the program specific audit requirements of The Children's Trust Contract(s) which shall describe the scope of testing of internal control and the results of the tests; 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. • Required supplemental schedule(s) of budget to actual expenditures of The Children's Trust Contract(s) City of Miami Page 48 of 49 Contract #1303-1930, Resolution #2012-56 ATTACHMENT E Affidavit for Level 2 Background Screenings 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 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared ICEO/Executive Director) Authorized Provider Representative of (Provider Name) , who being by me first duly sworn, deposes and says: Name of Contracted Provider (Signature of CEO/Executive Director/HR Director) Date I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. Sworn to and subscribed before me at Miami -Dade County, Florida this day of , 2012/2013 by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at .Large Print, type or stamp name of notary public My Commission Expires: City of Miami Page 49 of 49 Contract #1303-1930, Resolution #2012-56