HomeMy WebLinkAboutExhibitOfficers/Executive Committee
Marla A. Alonso
Chair
Chet Zerlin
Vice Chair
William Diggs
Secretary
Hon. Isaac Salver
Treasurer
Dr. William E. Pelham, Chair
Program Services
Lily de Moya, Chair
Childhood Health and
Development
Laurie W. Nuell, Chair
Human Resources
Dr. Miguel Balsera, At -Large
The Board of Directors
Donald I. Bierman
Kadie R. Black
Alberto M. Carvalho
Bryan Cuadra
Carlos L. Curbelo
Rep. Manny Diaz 3r.
Gilds Ferradaz
Terria Flakes
Inson Kim
Dr. Thresia B. Gammon
Thomas V. Gammon
Claudia Grillo
Dr, Nora Hernandez -Hendrix
Nelson Hincapie
Marissa Leichter
Dr. Rosa Martin
Royml Membieia
Dr. Susan Neimand
Trudy Novicki
Hon. Orlando A. Prescott
Manoucheka Thermltus
Evelio Torres
Sharon G. Watson
Com. Juan Zapata
David Lawrence Jr.
Founding Chair
Charles M. Auslander
President & CEO
County Attorney's Office
Legal Counsel
The
Children's u
.July 31, 2014
Mr. Daniel J. Alfonso
City Manager
City of Miami Parks and Recreation Department
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
RE: Out -of -School Program; Contract #1510-1440
Dear Mr. Alfonso:
The Children's Trust is issuing this Service Authorization to allow City
of Miami Parks and Recreation Department, to provide Out -of -School
services beginning August 1, 2014, while contract negotiations
continue. However, please be aware that this service authorization is
only valid for a maximum of 60 days. It will expire not later than
October 1, 2014, or when the contract is executed, whichever first
occu rs.
During the period covered by this Service Authorization letter, City of
Miami Parks and Recreation Department, must comply with ail
requirements of the core contract, Including those of all relevant
attachments as emailed to your agency and/or posted on The
Children's Trust's website (www.thechildrenstrust..org). The Children's
Trust requires all applicable certificates of insurance be filed with and
approved by The Children's Trust prior to or commencing with the
service authorized by this letter. In addition, all background screening
for direct services staff must be completed prior to employment, as
mandated by Florida law; and, you must submit a current financial
audit or obtain an audit extension from us.
Program activities are expected to be provided In accordance with your
draft Scope of Services, and only expenditures for allowable expenses
directly related to the services will be considered for future
reimbursement. Your agency will be responsible for any costs incurred
that are not allowable and included In the final approved budget. Any
applicable data reporting, outcome assessments, satisfaction surveys,
etc. will also need to be submitted by the contractual due dates. The
Children's Trust reserves the right to withhold payment until proper
documentation has been submitted.
R J J /S� - A-0 31-
3150 SW 3'3 Avenue, 8th Floor, Miami, Florida 33129 • Tel: 305-571-5700 / Fax: 305-857-9592• www.thechildrenstrijst.org
Page 2
City of Miami Parks and Recreation Department
Contract #1510-1440
It is critically important to execute timely contracts. You will not be paid on any
invoice submitted until a final budget Is approved in SAMIS as part of your executed
contract. SAMIS training are ongoing and if your agency has not been trained it must
be in order to commence the process to submit an approved budget. Your assigned
Contract Manager is available to assist you with whatever technical assistance you
may need to successfully negotiate your contract and forward it to The Children's
Trust for execution,
Please sign and return this Service. Authorization within ten days of this letter's date.
If you have questions about the negotiation or contract execution process, please
contact your assigned Contract Manager,- Patricia Leal via email at
patricla@thechildrenstrust.org or by telephone to (305) 571-5700.
We Zook forward to our continued relationship _with_ You and appreciate the work your
agency does on behalf of the children and families of Miami -Dade County.
Sincerely,
Charles M. Auslander
President 8i CEO
I agree to the terms and conditions described in this Service Authorization.
Signature of Authorized Representative Print Name
2014
Date
cc: Contract file
See Attached
City Of Miami
Signature page.
1Vr
Acceptance of Authorization Letter for 2014-2015 Out -of -School Program Services
CITY OF MIAMI, a Florida Municipal Corporation
By,.
A'rbanny Alfonso, City Manager
Date: 944- /
Attest:
By:
Date:
• Todd annon, City Clerk
0-1151111
Ap roved as 6/F).0 rrectness:
Victoria Men ezreilY Attorney
Date:
Approved as to
By:
Ann -Marie Sharp
Date:
quirements:
anagement
subject to funding availability and Provider's performance,
B. TERMS OF RENEWAL, if applicable
EXAMPLE
"Form to be updated by City & Trust for FY new grant term beginning
August 1, 2014 through July 31,2015"
FY 2014-2015
CONTRACT NO. ##..,
BETWEEN THE CHILDREN'S TRUST
AND CITY OF MYAMI, FLORIDA
FOR Preyentron/`Service_ Parriershrp". Youth,Devefopment / HCoCS f OUT OF,;SCH00!
THIS CONTRACT is between The Children's,....Trust whose address is 3150 S.W. 3rd Avenue, 8th
Floor, Miami, Florida 33129 and the City of Mrarnr a Florida municipal (corporation
hereafter "Provider" whose address is 3500 Pan American Drrve Miami, Florida 33133.
In consideration of the mutual covenants herein, The Children's Trust and Provider
(sometimes hereafter referred to as "Parties") agree as follows:
A. EFFECTIVE TERM
The effective term of this Contract shall be from through
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.
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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.
D. TOTAL FUNDING
Subject to the availability of funds, the maximum amount payable for Services rendered
under this Contract shall not exceed $ , with a required match of $
Provider 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 Attachment B of this Contract: Other Fiscal
Requirements, Budget and Method of Payment.
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 section K of this Contract.
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
451952 City of Miami Continents on Draft Core Contract FY2014-2015
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.
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
reimbursable expenses or liabilities incurred under any subcontract, Provider shall be
solely liable for any 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 conduct 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
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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 211, The Children's Trust 24 hour helpline.
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 subcontractors, 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
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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's Trust, provided that such use does not
compromise the validity of such copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
This Contract is subject to the provisions, limitations and exceptions of Chapter 119,
Florida Statutes, regarding public records. Accordingly, to the extent permitted by
Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property
developed under this Contract. Provider is responsible for payment of required licensing
fees if intellectual property owned by other parties is incorporated by Provider into the
services required under this Contract. Such licensing should be in the exclusive name of
Provider. Payment for any licensing fees or costs arising from the use of others'
intellectual property shall be at the sole expense of Provider.
As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent
permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall
indemnify and hold each other harmless from liability of any nature or kind, including
costs and expenses for or on account of third party allegations that use of any
intellectual property owned by the third party and provided, manufactured or used by
the indemnifying Party in the performance of this Contract violates the intellectual
property rights of that third party.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract if Provider through
action or omission causes any of the following:
a. Fails to comply with Background Screening, as required under this Contract.
451952 City of Miami Continents on Draft Core Contract FY2014-2015
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;
Does not meet or satisfy the conditions of award required by this Contract;
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;
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;
j. Fails to comply with child abuse and incident reporting requirements;
k. Attempts to meet its obligations under this Contract through fraud,
misrepresentation or material misstatement;
Fails to correct deficiencies found during a monitoring, evaluation or review within
a specified reasonable time;
m. Fails to meet the terms and conditions of any obligation or repayment schedule to
The Children's Trust or any of its agencies;
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 and a Program Specific Audit,
as applicable, in accordance with Section 0 and Attachment D of this contract.
q. Fails to submit an Audit Engagement Letter for both the Annual Financial
Statement Audit and the Program Specific Audit within thirty (30) days after
Provider's fiscal year end.
f.
g•
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.
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:
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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 Trust shall continue to review and pay verifiable requests for payment
as provided for in such other contracts for services that were performed and/or
for deliverables that were substantially completed at the sole discretion of The
Children's Trust prior to the effective date of such suspension. Provider shall be
responsible for 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 terminafion; and/or (d)
terminate or cancel, without cause, any other contracts entered into between
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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.
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 will carry insurance policies in the amounts and with the requirements indicated
below:
1. Worker's Compensation Insurance covering all employees, non -incorporated
independent contractors or consultants, and incorporated independent
451952 City of ivliami Comments on Draft Core Contract FY2014-2015
contractors or consultants that do not have worker's compensation coverage 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 provide the necessary certificate of insurance upon the
termination of the exemption. The employer's liability portion will be
$500,000/$500,000/$500,000 as a minimum.
2. Comprehensive 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 the City of Miami must be designated and
shown as an additional insured and the certificate holder with respects to this
coverage. The general liability policy must contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
3. Automobile liability coverage for all owned and/or leased vehicles of Provider and
non -owned coverage for their employees and/or sub -contractors and
transportation companies transporting program participants. The amount of
coverage is $1,000,000 combined single limit per occurrence for bodily injury and
property damage. The Children's Trust and the 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 the City of Miami as a certificate holder and as an additional insured,
4. Automobile liability coverage for at owned and/or leased vehicles of
Provider and non -owned coverage for their employees and /or sub -contractors
not transporting program participants. The minimum amount of coverage is
$300,000 combined single limit per occurrence for bodily injury and property
damage. The Children's Trust and the City of Miami must be designated and
shown as an "Additional Insured as Their Interest May Appear" with respects to this
coverage. Coverage can be purchased as non -owned without hired auto
coverage when the cost is prohibitive for hired automobile coverage such as the
case with the Florida Automobile Joint Underwriting Association; but rental cars
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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.
5. 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 comprehensive general liability and The Children's Trust and the City of Miami
must be designated and shown as "Additional Insured as Their Interest May
Appear." Special Events policies are for short term functions and not meant to
replace annual liability policies. The coverage is for the day or days of the event
and must provide coverage the day prior and the day following the event.
6. 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 aggregate. Defense costs may be inside
the limits of liability and the policy can be written on claims made form. The
Children's Trust is not required to be named as an Additional Insured. Professional
liability insurance is generally required when the scope of services uses professional
services that require certification or license(s) to provide direct services to program
participants.
7. Proof of Property Coverage is required when Provider has capital
equipment owned by The Children's Trust and said capital equipment is under the
care custody and control of Provider. The Children's Trust must be shown on the
evidence of property coverage as a Loss Payee. 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
And
The City of Miam1 Honda
c/o Risk Mariage.t Deprtm aent
44,4 S`W men2nd Avenue 9th Floor
Miami, Florida 33130
Classification and Rating
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class
V" as the financial strength, by the latest edition of Besi's Insurance Guide, published by
451952 City of Miami Continents on Draft Core Contract FY2014-2015
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 the City of Miami, in writing, of any material changes in insurance coverage,
including, but not limited, to any renewals of existing insurance policies, not later than
thirty (30) days prior to the effective date of making any material changes to the
insurance coverage except for ten (10) days for lack of payment changes. 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.
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 (IRS) tax status determination letter, if applicable;
and
The most recent (two years) IRS 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; and
IRS form 941: employer's quarterly federal tax return. If required by The Children's
Trust, Provider agrees to submit form 941 within thirty (30) calendar days after the
quarter ends and if applicable, any state and federal unemployment tax filings. If
form 941 and unemployment tax filings reflect a tax liability, then proof of
payment must be submitted within sixty (60) calendar days after the quarter ends.
M. NOTICES
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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. 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 on , as Provider's
authorized representative for approving and executing alterations, variations,
modifications, extensions, ren"ew.afs; or waivers of the provision of this Contract. Any
changes to this Contracted to change the total not to exceed amount payable and /or
to change the length of the effective term shall require further City Commission
approval (s).
1. Accounting Records
Provider shall keep accounting records that 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,
final payment has been received and appropriate audits have been submitted to and
accepted by The Children's Trust. 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, then 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 Statement Audit
Within 180 days of the close of its fiscal year, Provider's independent certified public
accounting firm (CPA) must submit all of the following documents, electronically, to The
Children's Trust, which together comprise an annual financial statement audit conducted
in accordance with GAAP and standards contained in Government Auditing Standards
issued by the Comptroller General of the United States (The Yellow Book). The required
items are:
a) An annual financial statement audit, performed by a CPA firm that is licensed and
registered to conduct business with the Florida Department of Business and
Professional Regulation; and
b) Written communication encompassing the requirements of AU-C section 265,
"Communicating Internal Control Related Matters Identified in an Audit;" and
451952 City of Miami Comments on Draft Core Contract FY2014-2015
c) Written communication encompassing the requirements of AU-C section 260,
"The Auditor's Communication With Those Charged With Governance;" and
d) Written communication encompassing the requirements of Government Auditing
Standards, that includes an "Independent Auditors' 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;" and
e) A Single Audit conducted in accordance with 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; and
f) A Management Letter; if no Management Letter is prepared by Provider's. CPA
firm, then the CPA firm must expressly confirm, in writing, that no Management
Letter was issued.
If Provider's annual financial statement audit is prepared by the Florida Auditor General,
then the due date for submitting the annual financial statement audit, as defined, is 270
days after the close of Provider's fiscal year.
Electronic filing of the annual financial statement audit, as defined, must be sent by
Provider's CPA firm to the following e-mail address: audits@thechildrenstrust.org.
Providers that are required to have a Single Audit agree to have their CPA firm submit the
schedule of expenditures pertaining to awards, summary schedule of prior audit findings,
applicable auditor's reports and the corrective action plan, if applicable.
3. Program Specific Audit
Within 180 days of the close of its fiscal year, Providers that are contracted for a
combined total of $100,000 or more from The Children's Trust are required to have their
CPA firm submit a program specific audit related to The Children's Trust contracts,
electronically, in addition to the annual financial statement audit. The program specific
audit shall be performed by an independent CPA firm that is licensed and registered to
conduct business with the Florida Department of Business and Professional Regulation,
has performed audits under Government Auditing Standards and is either a member of
the AICPA or FICPA peer review program to include government engagement reviews.
This program specific audit must 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.
4. Audit Extensions
Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such
request with appropriate justification by Provider and for a period of time not to exceed
sixty (60) days after the initial due date. A copy of the engagement letter, along with the
anticipated audit completion date and any concerns from Provider's CPA firm related 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 and other financial information will be used in the
evaluation of Provider's performance and overall fiscal health.
451952 City of Miami Comments on Draft Core Contract FY2014-2015
In the event that either the annual financial statement audit 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 the documents are received and determined to
be acceptable by The Children's Trust.
5. Engagement Letters
Audit Engagement Letters are due to The Children's Trust thirty (30) days after Provider's
fiscal year end. Provider agrees to submit an engagement letter for both the annual
financial statement audit and the program specific audit, electronically, to
audits@thechildrenstrust.org Failure to submit an engagement letter may result in a
breach of contract, or other remedy, as deemed appropriate by The Children's Trust.
6. List of Approved Certified Public Accounting Firms
To receive reimbursement for the preparation of the program specific audit, as defined,
Provider must choose from a list of approved CPA firms, which are posted on The
Children's Trust website. Inclusion in this pre -approved CPA vendor pool requires a CPA
firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal
Requirements, Budget and Method of Payment.
7. Access to Records
Provider shall permit access to all records including subcontractor records, which relate
to this contract at its place of business during regular business hours. Provider agrees to
deliver such assistance as may be necessary to facilitate a review or audit by The
Children's Trust to ensure 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 work 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 and at The Children's
Trust's expense.
8. 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 at The Children's Trust's sole discretion to fulfill the monitoring
function. A report of monitoring findings will be delivered to Provider and Provider will
remedy all deficiencies cited within the period of time specified in the report.
9. Client Records
Pursuant to Florida Statute 119.071 (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); and (b) to
identify and match individuals and data within and among various systems and other
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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.
10. 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; and (2) authorized time sheets, records and attendance sheets
to document the staff time billed to provide Services pursuant to this contract; and (3)
daily activity logs and monthly calendars of the provision of Services pursuant to this
contract; and (4) training modules; and (5) pre and post session questionnaires; and (6)
all participant attendance records; and (7) participant consent and information release
forms; and (8) agency policies and procedures; and (9) such other information related to
Service provision as described in Attachment A and as required by this contract; all upon
request by The Children's Trust. Provider shall retain all records for not less than five 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 Children's Trust and/or other appropriate agency.
11. 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 all sub-
contractors to comply with this paragraph.
451952 City of Miami Comments on Draft Core Contract FY2014-2015
12. Data Security Obligation
Provider shall maintain an appropriate level of data security for the personally identifiable
information (Pll) 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
13. 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 with 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 not limited to amount payable and effective term shall only be
valid when they have been reduced to writing, duly approved and signed by both
Parties.
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.
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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, familicl status, sexual
orientation, religion, ancestry, national origin, disability, or age, except that programs
may target services for specific target groups as may be defined in the competitive
solicitation.
Provider shall demonstrate that it has standards, policies, and practices necessary to
render services in a manner that respects the worth of the individual and protects and
preserves the dignity of people of diverse cultures, classes, races, religions, sexual
orientation, and ethnic backgrounds.
Provider agrees to abide by Chapter 11 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 all or any portion of this
Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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 § 112 as
amended, which are incorporated herein by reference as if fully set forth herein. Provider
agrees to abide by and be governed by these conflict of interest provisions throughout
the course of this Contract and in connection with its obligations hereunder. (Refer to
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 whistleblowers or retaliate against any employee
who reports suspected cases of fraud or abuse.
5. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and
effect during the term of this Contract any and all 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.
451952 City of Miami Coimnents on Draft Core Contract FY2014-2015
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 tot -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.
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.thechildrenstrustorg. 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
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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:
Provtder Program Name is funded by The Children's Trust. The Children's Trust is a
dedicated source of revenue established by voter referendum to improve the lives of
children and families in Miami -Dade County.
Espanol
Provider Program tame 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:
451952 City of Miami Comments on Draft Core Contract FY2014-2015
Provider ProgramNane 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 -
451952 City of Miami Comments on Daft Core Contract FY2014-2015
Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS
This Contract with its attachments as referenced below contains all the terms and
conditions agreed upon by the parties:
Attachment A: Scope of Services
Attachment B: Other Fiscal Requirements, Budget, and Method of Payment
Attachment C: Programmatic Data and Reporting Requirements
Attachment D: Program Specific Audit Requirements
Attachment E: Affidavit for Level 2 Background Screenings, if applicable
Attachment F: Performance Improvement Plan, if applicable
No other contract, oral or otherwise, regarding the subject matter of this Contract shall
be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or
void, the remainder of this Contract shall not be affected thereby if such remainder
would then continue to conform to the terms and requirements of applicable law.
CITY OF MIAMI,
A Florida municipal corporation
MIAMI DADE COUNTY FLORIDA
THE CHILDREN'S TRUST
MIAMI-DADE COUNTY, FLORIDA
Provider Federal ID# 59-6000375
By: by:
(Signature) (Signature)
Daniel J Alfonso, P. E., City Manager Charles M. Auslander
President and CEO
Date: Date
Attest:
By:
Todd H,annori City Clerk
Date:
Approved as to Form and Correctness: Approved as to form and legal
sufficiency
By: By:
Victoria Mendez; City Attorney County Attorney
Date: Date:
Approved as to Insurance Requirements:
By: Date:
Ann. Marie Sharp, lrjterM Director of Risk Management
451952 City of Miami Comments on Draft Core Contract FY2014-2015
This contract is not valid until signed by both parties.
451952 City of Ivliarni Comments on Draft Core Contract FY2014-2015
Attachment A Place Holder
(replace this page with the revised Attachment A and
remove all references to this place holder)
451952 City of Miami Comments on Draft Core Contract. FY2014-2015
ATTACHMENT B
OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
Advance payment requests
The Children's Trust offers advance payments of up to 15% of the total contract value.
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
must include the amount requested and a justification for the request. Advance 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.
Advance repayment
Advance repayment is due within 60 calendar days of receipt of the 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 amendments/revisions
Budget amendments/revisions require written approval from the Contract Manager and
The Children's Trust's Chief Financial Officer or their designee. Request for budget
amendments/revisions must be submitted to a Contract Manager using SAMIS, or the
appropriate form, as designated by The Children's Trust. AM budget
amendments/revisions are subject to final approval by The Children's Trust. Budget
amendments/revisions cannot be used to increase the total contract amount or to
modify the Scope of Services. No more than two (2) budget amendments/revisions may
be approved during the contract term. Budget amendment/revision requests must be
submitted sixty (60) days prior to the expiration of contract. Budget
amendments/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.
List of Approved Certified Public Accountants or Certified Public Accounting Firms
To receive reimbursement for the preparation of the program specific audit, as defined,
provider must choose from a list of approved independent Certified Public Accounting
(CPA) firms, which are posted on The Children's Trust website. Inclusion in this pre -
approved vendor pool requires that a CPA firm meet the following three (3) criteria:
(a) participation in either the American Institute of Certified Public Accountants (AICPA)
or the Florida Institute of Certified Public Accountants (FICPA) peer review program as
evidenced by submitting their triennial System Review Report with a passing score to The
Children's Trust; and
451952 City of Miami Comments on Draft Core Contract FY2014-2015
(b) providing documentation that a CPA firm, or one of its associates, has adequate
experience in governmental accounting and/or nonprofit accounting with the
application of Government Auditing Standards; and
(c) completion of an annual CPA training session sponsored by The Children's Trust
finance department.
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
amendments/revisions as set forth in this attachment. Provider also agrees to pay its
subcontractors, vendors and employees for the fulfillment of services provided in this
contract, on a timely basis.
Invoice Requirements
Provider shall submit an original request for payment, using the format prescribed by The
Children's Trust and in accordance with the approved budget or budget
amendments/revisions. The Children's Trust will notify Provider if the request for payment
should be submitted electronically using SAMIS or by using a paper invoice. The request
for payment is due on or before the fifteenth (15th) day of the month following the month
in which expenditures were incurred (exclusive of legal holidays or weekends). The
Children's Trust agrees to reimburse Provider on a monthly billing basis for costs paid
during the previous month. Every request by Provider for payment for services, work
performed or costs paid 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. The Children's Trust reserves the right to request any
supporting documentation related to this contract.
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. Upon the close of this
contract, Provider is required to complete Form E: Close-out Attestation of Payment,
which 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. 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.
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, then all rights to payment shall be forfeited.
If The Children's Trust determines that Provider has been paid funds, which are not in
accordance with this contract, and to which it is not entitled, then 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 contract by reducing amounts requested to be reimbursed less the amount owed to
451952 City of Miami Comments on Draft Core Contract FY2014-2O15
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, ifs independent CPA firm or The Children's Trust discovers that
an overpayment has been made, Provider shall repay the 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, then 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.
A request for payment will be deemed proper as defined by the Florida Prompt Payment
Act, if the request complies with the requirements set forth in this contract and is
submitted on the forms 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.
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
is used to allocate its costs to ensure that The Children's Trust is paying only its fair share of
costs for services, overhead and staffing 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.
451952 City of Miami Comments on Draft Core Contract FY2014-20I5
Attachment C Place Holder
(replace this page with the revised Attachment C and
remove all references to this place holder)
451952 City of Miami Comments on Draft Core Contract FY2014-2015
Attachment D
Program Specific Audit Requirements
The Program Specific Audit must encompass an audit of The Children's Trust contracts in
accordance with section 03: Program Specific Audit of this contract. The comprehensive
nature of auditing performed in accordance with the standards set forth below places
on the independent certified public accounting firm (CPA) the responsibility for ensuring
that (1) the audit is conducted by personnel who have the necessary skills; and (2)
independence is maintained; and (3) applicable standards are followed in planning and
conducting audits and reporting the results; and (4) the organization has an appropriate
internal quality control system in place; and (5) the organization undergoes an external
quality control review.
Program Specific Audits must be conducted in compliance with AU-C 935 and Statement
on Auditing Standards No. 117 (SAS 117) and are required to include performing tests of
controls over compliance.
Beyond the requirements of SAS 117, an auditor'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 Program Specific Audit requires the following components (a sample format may be
found on The Children's Trust website):
a. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust
Contracts; and
b. Schedule of Expenditures of The Children's Trust Contracts; and
c, Notes to Schedule; and
d. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts
and Report on Internal Control over Compliance; and
e. Schedule of Findings and Questioned Costs.
At a minimum, the auditor must include the following tests in their audit program to
ensure that the compliance requirements set forth in The Children's Trust compliance
supplement are met. They are:
The Children's Trust Compliance Supplement to the Program Specific Audit:
Compliance
Requirement
Program Specific Audit
Implication
Example
a). Activities Allowed or
1). Requires that activities
A). If Provider asks to be
Un-allowed
purchased and paid with
reimbursed for 6 field trips to
The Children's Trust funds are
listed in the contractual
teach children social skills,
then were those field trips
Scope of Services.
enumerated in either the
contractual budget narrative
AND/OR
or the contractual Scope of
Services?
2). Requires that activities
purchased and paid with
451952 City of Miami Comments on Draft Core Contract FY2014-2015
Compliance
Requirement
Program Specific Audit
Implication
Example
The Children's Trust funds are
listed in the contractual
budget narrative or a
contractual budget
amendment/revision
narrative.
b). Allowable Costs
1). Requires that the nature
and type of costs paid are in
agreement with nature and
type of costs listed in the
contractual budget and/or
budget
amendment/revision.
A). If the contractual budget,
lists a Program Coordinator
position at $25.00/hour, then
does the provider actually
pay and charge The
Children's Trust $25.00/hour?
B). If the contractual budget,
lists a Program Coordinator's
position, with dedicated time
charged to The Children's
Trust program of 25%, then
does the provider keep
records of an employee's
time to substantiate that 25%
of time was in fact earned
and charged to The
Children's Trust program?
C). If an invoice is submitted
to The Children's Trust that
includes a charge for food
for end of year parties and
celebrations, is that cost
allowable per The Children's
Trust budget guidelines?
Food costs for end of year
celebrations are NOT
allowable per The Children's
Trust budget guidelines.
c). Cash Management
1). With the exception of the
last month of the contract
period, do monthly invoices
represent cost actually paid
during the contract period
(cash basis), rather than
costs incurred or accrued.
A). If payroll is paid on 3/31, is
it included in March's
reimbursement?
B). If payroll is paid on 4/1, but
represents time charged in
March, is it included in April's
451952 City of Miami Comments on Draft Core Contract FY2014-2015
Compliance
Requirement
Program Specific Audit
Implication
Example
reimbursement?
d). Period of Availability
1). Requires Provider to
charge The Children's Trust
grant with only allowable
costs resulting from
obligations incurred during
the funding period.
A). If the active contract
period extends from 8/1/14
through 7/31 /15, and Provider
expends $250.00 for office
supplies on 9/30/14, does that
expenditure apply to the
active contract period?
e). Reporting
1). Requires Provider to
submit proper fiscal reports,
on an annual and monthly
basis, in accordance with
established deadlines.
A). Monthly invoices must be
submitted to The Children's
Trust by the 15th day of the
month following the month in
which expenditures were
incurred. For example, an
invoice for the period of
March 1 through March 31st
must be submitted by April
15tn
Internal Controls
1). Requires that beyond the
requirements of SAS 117, an
auditor'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.
Special Provisions
1). Compliance requirements
related to programmatic
contract expectations (i.e.,
children served, level of
effort, background checks,
etc.) should NOT be tested
as part of The Children's Trust
Program Specific Audit.
Audit procedures must also include:
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 amendments/revisions.
b. Testing to ensure that no double billing has occurred (i.e. billing under The
Children's Trust contract for the same expenditure that is billed under another
contract and/or revenue source).
451952 City of Miami Comments on Draft Core Contract FY2014-201.5
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 funding, 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.
Testing the controls over compliance beyond Statement on Auditing Standards
No. 117, which means that an auditor'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 States, and the Program
Specific Audit requirements listed in The Children's Trust contract.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
451952 City of Miami Comments on Draft Core Contract FY2014-2015
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 (CEO/Executive Director)
Authorized Provider
Representative of (Provider Namej`. 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
, 20_ 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:
451952 City of Miami. Cormnents on Draft Core Contract FY2014-2015
Attachment F Place Holder
(replace this page with the Performance Improvement
Plan, if necessary and remove all references to this
place holder. If not needed delete this page)
451952 City of Miami Comments on Draft Core Contract FY2014-2015