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HomeMy WebLinkAboutExhibit - AgreementOfficers/Executive Committee Maria A. Alonso Chair Hon. Isaac Salver Treasurer Dr. William. E. Pelham, Co -Chair Programs/Health Lily de Moya, Co -Chair Programs/Health Laurie W. Nuell, Chair Human Resources Dr. Miguel Balsera, At -Large Gilda Ferradaz, At -Large The Board of Directors Cristina Cantero Alberto M. Carvelho Susie V. Castillo Rep, Jose Felix Diaz Hon. Alan Fine Dr. Thresia B. Gambon Thomas V. Gammon Joseph Gebara Claudia Grillo Dr, Nora Hernandez -Hendrix Nelson Hincapie Kenneth C. Hoffman Dr. Christine Hughes 'Esther Jacobo Inson Kim Marissa Leichter Com. Daniella Levine Cava Frank Manning Dr. Rosa Martin Roymi Membiela Dr. Susan Neimand Manoucheka Thermitus David Lawrence Jr. Founding Chair Charles M. Auslander President & CEO County Attorney's Office Legal Counsel The it r. nos ust March 13, 2015 Lillian Blondet City of Miami, Florida 444 SW 2nd Ave, OGA 5th Floor Miami, FL 33130 Dear Ms. Blondet: RE: Parenting Programs (Group, Individual, Home Visiting and Advocacy Programs) RFP 2015-02 Funding Recommendations for Application: 7072 Families First Parenting Program Congratulations! The Children's Trust has finalized recommendations for this competitive solicitation, and the application referenced above is among those being recommended for funding. This was a highly competitive process —with $27.6 million in requests from 64 applicants for the $10 million available in the Request for Proposals (RFP). The amount of your agency's award is not yet final. It may be reduced further if there are successful appeals to these recommendations or if there are unexpected revenue reductions. In addition, adjustments may be required to your application or funding amount during the negotiation process to meet The Children's Trust's budget guidelines, RFP requirements and performance measurements. In general, funding has been recommended at reduced amounts to ensure a diverse continuum of group, individual, advocacy and home visitation services remain within our parenting portfolio. Application budgets were closely reviewed by a team of Trust contract staff, and reductions were made to staffing and operational costs in some cases. Explanations for reductions are included on the following page. Reductions may or may not be recommended with commensurate reductions in the numbers to be served or activities. In addition, when training was included for proposed evidence - based programs that will be implemented across more than one application, those dollars were removed from individual awards to centralize and reduce overall training costs with The Trust. The Children's Trust Board of Directors will consider these funding recommendations initially at the upcoming Program Services and Childhood Health Committee meeting on Thursday, March 26, 2015 from 4-6 p.m. in the United Way Ryder conference room. Subsequently, the committee's recommendations will be presented to the full board on Monday, April 13, 2015 from 4-6 p.m., also in the United Way Ryder conference room. Please confirm all dates and times for committee and full board meetings on The Children's Trust website community calendar. 'LAY; �-OQS?in I-, 13 l 3150 SW 3rd Avenue, 8th Floor, Miami, Florida 33129 • Tel: 305-571-5700 / Fax: 305-85'7-9592• www thechildrenstrust.orq With respect to your recommended funding amount, please carefully review the recommended numbers to be funded through your agency's award. If we do not hear from you that you are unable to meet the expectations for the recommended award amount, we will assume your agency is ready to negotiate the terms of a contract to implement this award for not more than the recommended amount, assuming full board approval on April 13 2015. Please be on the lookout for a subsequent letter informing you of the requirements of our new contracting process. While awaiting this letter from us to begin negotiations, you may find it helpful to review the attached details regarding your application scores and reviewer comments. You will find the more detailed reviewer guidelines used for scoring applications within the RFP. The appeal policy of The Children's Trust, as stated in the RFP, limits review to challenging errors in procedural due process, errors in mathematical calculations, or omissions to score sections by the ranking team. IN ORDER TO APPEAL YOU MUST RESPOND TO THIS NOTIFICATION LETTER BY NOT LATER THAN WEDNESDAY, MARCH 18, 2015 AT 11:59 P.M. (MIDNIGHT), WHICH WE WILL DEEM TO BE 72 HOURS FROM THIS NOTICE. Your written request for an appeal must state the particular grounds upon which it is based, and must include all pertinent documents and evidence that support the claim. All notices shall be directed to the President/CEO at: The Children's Trust, 3150 SW 3rd Avenue, 8th Floor, Miami, Florida, 33129. Congratulations on your award. I offer my heartfelt thanks to you and your colleagues for partnering with The Trust on behalf of the children and families of this community. Sincerely, Charles M. Auslander President & CEO cc: Daniel Alfonso The Children's s Organization: City of Miami, Florida Application ID: 1 7072 Program Families First Parenting Program Final Score (max 100):1 88.11 Maximum Amount Recommended: 2 $227,152 For new applicants, the final score is based solely upon the application review. For applicants currently funded by The Children's Trust to provide similar services, the final score incorporates past performance, weighted as follows: 40% from application review + 30% from. 2013-14 contract performance score + 20% from 2012-13 contract performance score + 10% from 2011-12 contract performance score. Contract performance scores used are the scores before any red flag or cautionary item deductions. 2 Amount may be reduced as a result of pending appeals, unexpected revenue reductions and/or specific contract negotiation items. 3 Reductions to sites and/or numbers of families to be served in above recommendations (if applicable) may have been made based on overall review of geographic distribution, minimization of duplication with other recommended applications, prior recruitment and retention numbers achieved, and/or overall cost. Page 1 of 4 The Children'sTrust (cation ReviewScores Sections below through the Program Budget were rated on a scale from 0 to 10, using 1-point increments, according to the following scale: 0 points — No responses • No responses provided for this section. 1 - 2 points — incomplete or poor responses • Substantially incomplete responses for this section —unable to assess the probability of success due to lack of information. • Or, information provided by the applicant indicates low probability that the applicant can successfully implement the proposed program. 3 - 6 points — Mostly complete responses but probability of success uncertain • Mostly complete responses for this section but missing needed information to assess the probability that the applicant can successfully implement the proposed program. • And/or, responses do not provide sufficient evidence that the applicant has a good probability of successfully implementing the proposed program. 7 - 8 points — Complete responses, good probability of success • Complete responses throughout this section. And, responses provide evidence that the applicant has a good probability of successfully implementing the proposed program. 9 -10 points — Complete responses, high probability of success • Complete responses provided throughout this section. And, each response provides strong evidence that the applicant has a high probability of successfully implementing the proposed program. Each section scored using the 10-point rating scale contributes varying weight towards the total score, as noted. Reviewategory"�_ Program Description Target Population Staffing Performance Measurement Organizational Capacity Program Budget attn#ro 9,33 9.67 8,33 9.00 9.67 8.67 11.00 APPLICATION REVIEWS 23.33 9.67 12.50 9,00 9.67 8.67 11.00 83.83 Page 2 of 4 The Children's Program Description The program description included the necessary information to explain and summarize the proposed program. The program abstract contained the required components such as the agency name, the program name, program type, the activities, population to be served, geographic areas as well as the applicant experiences in providing these services. The applicant described the goals of the program in detail which are aligned with the intent of the RFP and supported by the services outlined in the application. The applicant accurately described the participants that it intended to serve with the proposed program. The information included participant background, characteristics and the areas within the City of Miami that the services willbe primarily provided. The applicant proposed to serve 180 participants in the community of Flagami, Coocunt Grove, Whynwood, Little Haiti, and Little Havana. Applicant briefly explains that the needs, strengths and interests of the participants would be learned through surveys and open communication with families. The applicant could have elaborated more on the process of obtaining the information. The explanation speaks to the improvement of the program overall rather than individual participant needs. Applicant could have also explained its plan to meet the participants needs and build upon their assets to assist them. The applicant briefly discusses its plan of accommodating children with disabilities to include infrastructure and environmental change. Other changes such as program activities were briefly mentioned. The applicant did not adequately address the staff experience of working with children with disabilities and the type of disability that were prevalent or expected within the target areas. The application mentioned training for staff but did not dearly explain the plan for future trainings including the type of training. The majority of the the primary activities were well defined and included components which aligned with the RFP. The applicant included an explanation and rationale for choosing the evidence based "Incredible Years" curriculum to serve the target population. The duration and frequency for each activity were also included. The application was missing the required ASQ training for programs serving children under 6 years old. The applicant outlined a plan for connecting the families with other community resources and discussed how already existing resources in the center will be used to support the participants. Applicant could have elaborated more on the protocol of the subcontractors. A thorough description of the partnership included their roles was provided in the application. The table was complete and MOUs were attached. Tercet Population The applicant provided pertinent information describing the target population including demographic characteristics such as ethnicity, race, employment status, household composition and socioeconomic status. Application lacks information regarding children with disabilities including the type of disabilities that are prevalent for the stated areas. The applicant provided information regarding the recruitment/enrollment activities that will lead to program success. The plan provided seemed to be reasonable to ensure effective program participation. Reviewers felt that applicant could have elaborated more on the demand and need for the program. Applicant's response was missing the percentage that is considered as successful retention as well as how participants challenges to attend and participate in the program would be overcome and dealt with. Page 3 of 4 THe i�evleV( erg Comments E PR`,i zM�,Y .. r,•. « ,.b'w..x";',.W,. , ., : -.. ">�Ass,;, Staffing The staffing plan included staff that are knowledgeable about the program and the community that it proposes to serve. The staffing table was complete with information about each of the positions qualification, duties, status and type. The past experiences of the staff was aligned with the expertise and skills that are needed for the effective implementation and success of the program. All staff are in place (resumes attached) for the program. The organization chart contain the layout of how the program fits within the City of Miami including the reporting or supervision structure. Staff have many years of experiences with the same type of program. Staff retention, management and cultural diversity are addressed. Program has bilingual staff with the same cultural background as the participants it will serve. Although the program is mainly implemented by sub -contractors, it seems to have been successful in the past. Applicant could have provided more explanation and detail of the processes that are in place (for example to prevent high rate of turnover and associated training costs for staff). Minimal information is provided on staff experience with disability including the type of disabilities. Reviewers question why the Community Liaison position is not for the duration of the contract(52 weeks) since he/she participates in recruitment and is an integral part of the program success, pre/post measures. What about in-service training and preparation for the position? Performance Measurement A summary of the performance measures was outlined. Applicant will use fidelity checklists, satisfaction surveys, structured supervision, and participants attendance logs to ensure that services are being delivered as intended with fidelity. The application further outlined the process of data collection, scoring and reporting. Most of the required outcomes were selected. Organizational Capacity The application contains information on the agency capacity to manage grants and perform to services as outlined in the RFP. It provides information of its past experience working with proposed target population. The applicant provided evidenced (attachments) of its past performance with score 90% or above out of 100%. Program Budget The program budget was completed with minimal errors. A match is provided, The requested amount is reasonable to operate an effective program. Reviewers question on why background screening costs are being requested for 3 staff when there is only 2 (who is the other one for?). Who is the cell phone for (Gymboree budget)? The administrative position listed in the staffing table is not on the excel budget. Fiscal Soundness Debt Ratio: 1 out of 4; Current liabilities are too high in relation to total expenditures. Notes to Financial Statements: 1 out of 3; Footnote E indicates a fund balance deficit in the special revenue and capital projects funds; and Footnote #12 details six (6) cases where litigation or investigation has ensued, and the financial impact cannot (yet) be determined. AU-C 265 Letter: 0 out of 4; Applicant did not provide an AU-C 265 Letter. Page 4 of 4 .FORM TO BE UPDATED BY THE TRUST AND CITY FOR. FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 _ JULY 31,. 2016. FY 2014-2015 CONTRACT NO. ####-#### BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI, FLORIDA FOR prevention/ Service Partnersrp,/Youth Development /HCioCS / OUT OFvSCH®OL 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 Miami, a Florida municipal corporation, hereafter "Provider" whose address is 3500 Pan American Drive, Miami, Florida 33133. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from through tT. 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. FORM TO BE UPDATED BY THE TRUST AND CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. 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 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 FORM TO BE UPDATED .BY.THE TRUST AND CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 201`5 — JULY 31, 2016. 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 deterrnined 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 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 FORM TO BE UPDATED BY THE 'TRUST. AND CITY .FOR :FY.201.5-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. 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 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. ,FORM TO. BE UPDATED BY THE TRUST AND CITY FOR.FY 2015.2016 FOR.. THE NEW GRANT TERM BEGINNING"AUGUST 1, 2015 ® J tJLY 31, 2016. 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. 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; FORM: TO BE UPDATED .BY,THE TRUST AND CITY FOR :.FY.2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015--,HJLY-31; 2016. 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; 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 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. 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: 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 FORM TO BE UPDATED BY THE TRUST AND. CITY, FOR FY.2,015.-201.6 FOR THE NEW GRANT TERNI BEGINNING AUGUST 1, 2015 — JUICY 31, 2016. provision contained in this Contract, costs, er 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 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 FORM. TO. BE UPDATED BY: THE TRUST AND. CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1 2015 JULY 31, 2016. 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 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 FORM TO BE UPDATED BY THE .TRUST AND CITY...FO.R..FY.20;15p2016 .FOR THE, NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016, 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 all 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 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. FORM TO BE UPDATED BY THE TRUST AND CITY,FOR FY.2015-2016 FOR., TEE NEW GRANT TERM Mi BEGINNING AUGUST :1, 2015 -- JULY 31, 2016, 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, 8th Floor Miami, Florida 33129 And The City of Miami, Florida c/o Risk Management Department 444 S.W. 2nd 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 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 the City of Miami, in writing, of any material changes in insurance coverage, FORM TO BE UPDATED BY THE .TRUST AND CITY, FORD( 2015-2016 FOR. THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 ; JULY 31, 2016. 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 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 FORM TO BE UPDATED BY THE TRUST AND, CITY FOR :FY2.015-2016.FOR ,:; THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. 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, renewals, 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 Iasi 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 Infernal Control Related Matters Identified in an Audit;" and Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance;" and FORMTO BE.TJPDATED.DY.THE :TRUST :AND CITY FOR FY.20157.2016 FOR .. THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. 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 dose 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. 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 „FORM TO BE UPDATED RV.THE TRUST AND CITY FOR<;FY.2015.-2016 FOR TIM NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY'31;.2016a ”; 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.ora 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 agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. ....FORM TO.BE UPDATED BY THE TRUST AND. CITY FOR FX 2.015.-201.6 ,FOR ...,• THE NEW GRANT TERMBEGINNING AUGUST 1, 2015 _ J M T 31, 2016. 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. • 12. Data Security Obligation FORM TO BE UPDATED BY THE.TRUST.AND-CITY FOR FY 201.5-2016_FOR THE NEW GRANT TERM BEGINNING AUGUST 1; 2015 JULY 31, 2016. 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 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 All employees, volunteers and subcontracted personnel who work in direct contact with children or who may come into direct contact with children at the site in question must complete a Level 2 background screening that complies with its requirements prior to commencing work pursuant to this Contract. This requirement applies to all volunteers who provide services to children, youth and their families regardless of the number of hours they provide services. Occasional or transient repair or maintenance persons who appear on the site should be escorted to their work areas and then supervised during the time they are present to conduct their work. All providers are required to review annually, at minimum, The Florida Department of Law Enforcement Sexual Offenders and Predators registry. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. FORM TG.BE UPDATED BY THE TRUST AND .CITY FO.R.FY 2015:-20.16,FOR , .:.. THE NEW Gk?,ANT' 1'ERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. Satisfactory background screening documentation will be accepted from 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 the MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. In addition: • If background screenings are completed with VECHS, then Provider shall complete Attachment E: "Affidavit for Level 2 Background Screenings" for each contract term. • The Affidavit shall 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 maintain 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 subcontractor every five years. Shall require all Level 2 compliant employees, volunteers, and subcontracted personnel working in direct contact with children, or who may come into direct contact with children, must complete a Florida Department of Children and Families Affidavit of Good Moral Character annually. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual 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 FORM TO BE UPDATED. BY-THE.TRUST AND CITY FOR FY,2015-2016.FGR.. '`IIE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287,133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category 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 httn://www.miamidadeethics.com/Publications/code of ethics2010.ndf 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 FORM TO BE UPDATED BY THE:TRUST..AND ..:CITY . FOR FY a2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JULY31; 20'16e 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 FORM TOM UPDATED BY THE TRUST AND CITY FOR FY:2015-2016, FOR THE NEW GRANT TE✓BEGINNING AUGUST 1, 2015 - JULY 31, 2016. 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.thechildrenstrusteorg. 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 siie(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 • FORM TO BE UPDATED BY THEIR USTAND CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST:1;e20I5 .1ULY 31, 2016. newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public ipvicir,Pi.O6r8lri-f:kaririq 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. pkbylitoTiArani Narne 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:, finanse,pa "The Children's Trust". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom pou ke 11 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 - FORM TO BE UPDATED BY: THE TRUST AND. CITY..EOR, EY 20.:15-2016 FOR. THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 -- JULY 31, 2016 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 deerned 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 Provider Federal ID# 59-6000375 THE CHILDREN'S TRUST MIAMI-DADE COUNTY, FLORIDA By: by: (Signature) (Signature) Daniel J. Alfonso, P. E., City Manager Charles M. Auslander President and CEO Date: Date Attest: By: Todd Hannon, City Clerk Date: Approved as to Form and Correctness: Approved as to form and legal sufficiency By: By: Victoria Mendez, City Attorney Date: Approved as to Insurance Requirements: County Attorney Date: By: Date: Ann -Marie Sharpe, Interim Director of Risk Management This contract is not valid until signed by both parties. . - FORM.TO. BE UPDATED BY THE TRUST AND CITY FOR FY20.15-2016,FOR, THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JULY 31, 2016. Attachment A Place Holder (replace this page with the revised Attachment A and remove all references to this place holder) FORM TO BE,UPDATED :BY.THE•TRUST AND CITY=FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015-JULY`31, 2016. 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 governrnental 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. All 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 FORINA TO BE UPDATED BY THE TRUST .AND CITY :EOR Y 201,5-201,G.FOR _v THENEW GRANT TERM BEGINNING AUGUST 1, 2015 — RAY 31, 2016. (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 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. FORM TO BE UPDATED BY THE TRUSTAND CITY FOR FY 2015-201.6 FOR THE NEW GRANT TERM BEGINNING AUGUST4, 2015 ® JULY 31, 2016. In the event that Provider, its 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. FORM TO BE UPDATED BY THE ,TRUST, AND. CITY: FOR F.Y. 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JULY 31, 20 C6, . Attachment C Place Holder (replace this page with the revised Attachment C and remove all references to this place holder) FORM.TQ< BE UPDATED•,BY THE TRUST AND CITY. FOR EY 2015-2.01.E-FOR . THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — ,IULY 31, 2016. 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 on 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 are required to include performing tests of controls over compliance. 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 assessed at low during the planning stage. If the auditor determines a lack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are not effective regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency or material weakness) should be reported. The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement cis stated in The Children's Trust contracts. The Program Specific Audit requires the following components (a sample format rnay 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). Internal Controls 1). An auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance; and A). Controls tested during the financial statement audit may not consider compliance as it relates to the Children's Trust FORM TO BE UPDATED BY THE TRUST AND CITY FOR FY 201.5-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 `JUICY 31, 2016. Compliance Requirement b). Budget vs. Actual Expenditures Program Specific Audit Im•lication in doing so; the assessed control risk must be assessed at low during the planning stage. If the auditor determines a lack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are not effective regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency or material weakness) should be reported. The auditor's fest work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust contracts. 1). The approved budget is to include the original approved contract as well as any approved budget amendments/revisions. Example contracts. Overall control risk must consider each compliance requirement tested during the program specific audit. Separate risk assessment procedures and materiality should be performed and generated for a program specific audit. A). Testwork should include a schedule identifying each contract and its original/amended budget, monthly billings, contract utilization and any analytical expectations that may identify any overbillings. SAMIS does not allow providers to overbill any budgeted line item or contract allocation, however, if contract utilization is greater or less than expected, this could indicate that a budgeted salary rate is not the employee's actual rate. Provider must com ensate FORM TO, BE UPDATED BY THE TRUST AND..CITY.:FOR,FY 2015,-2016. OR ,,; THE NEW GRANT TERM BEGINNING AUGUST-1, 2015 _e JULY 31, 2016. Compliance Requirement Program Specific Audit Implication Example employees at the rate stated on the budget. Any difference in rate would warrant a finding in the Program Specific Audit Report. c). Allowable/Unallowable Activities and Costs Common unallowable costs: 1. Salary rates, payroll methods and hours billed do not match original or amended budgets. 2. The amount of fringe benefits billed to the Trust is actually for employees not included in contract budget and unrelated to the program. 3. Professional services are billed within regular salaries and wages. 4. Capital purchases disguised as repairs. 5. Sales taxes and tips. 6. Fuel 7. Food and beverage costs for parties, celebrations, end -of - program events, and conferences or conventions, unless while attending an out- of-town conference or convention. 8. Gift cards as monetary incentives. (A detailed listing of all costs and activities considered allowed and un-allowed can be viewed in the Budget Guidelines form on the Children's Trust website, www.thechildrenstrust.orq/provi ders/forms.) 1). Requires that the nature of services and type of costs paid are in agreement with the contractual budget and/or budget amendment/revision's scope of services and budget guidelines. AND/OR Requires that activities performed or costs paid with The Children's Trust funds are listed in the contractual budget narrative or a contractual budget amendment/revision narrative. 2). Any cost or service billed that is not approved in the contract budget is a finding and reported as a questioned cost on the Program Specific Audit Report. 3). If any cost or service is billed in more than one contract, and the billings are in excess of the total disbursement, or approved allocation, the expense has been overbilled or doubled billed and should be considered a finding. 4). Children's Trust funds must supplement a program, supplanting is unallowable. A provider may not use contract funds to defray any costs that the recipient already is obligated to pay. (See example F) A). If Provider asks to be reimbursed for 6 field trips to teach children social skills, then were those field trips enumerated in either the contractual budget narrative or the contractual Scope of Services? B). 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? C). 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? D). If 3 contracts list a Program Coordinator's total budgeted salary as $100,000 and each contract will reimburse $35,000 (35%), then a possible overbilling of $5,000 may have occurred ($35,000*3=$105,000 or 35%*3=105% Children's Trust salary allocation). E). If an invoice is submitted to •FORM. TO DE UPDATED. BY. T,IHEtTRUST AND CITY FOR FY.201.5-2016 FOR.; THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016. Compliance Requiremen Program Specific Audit Implication Example The Children's Trust that includes food charges for end of the 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. F). If a provider, prior to applying to participate in the contracted program, had committed to purchase 10 new computers for another program, then the provider must purchase those 10 computers in addition to any computers requested for the Children's Trust program. d). 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 reimbursement? e). 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 expenses $250.00 for office supplies on 9/30/14, does that expenditure apply to the active contract period? B). The following items warrant the most attention at the beginning and end of contract periods: i. Payroll from expired contract is billed in the first month of renewed contract is unallowable if it was paid during the FORM TO BE UPDATED. BY THE TRUST AND CITY,FOR F l .2015-2016 FOR ',THE NEW GRANT TERM BEGINNING AUGUST 1, 2015.- ,TULY,31, 2016. Compliance Requirement Program Specific Audit Implication Example invoiced month but was incurred in prior contract. Reporting requirements for final invoice allow this payroll to be expensed and reimbursed in prior contract. Only the portion of payroll incurred during the contract period may be billed. ii. Utilities iii. Insurances f). Special Provisions 1). Eligibility requirements Each of the following special related to contract provisions must be tested: expectations such as type of A). Insurance requirements participants served, number of (further description in Section K participants served and background checks should of Core Contract) NOT be tested as part of The i. Auditor should Children's Trust program determine it all specific audit. The program applicable insurance specific audit is meant to test policies were carried the fiscal viability of the during the fiscal year. provider. Therefore, certain B). Proof of tax status (further core contract provisions that support the fiscal viability of the description in Section L) provider should be tested, ii. Auditor should vouch to applicable documents verifying that all incurred payroll and unemployment taxes have been paid. C). Data security obligation (further description in Section 0.12 of the Core Contract) i. Auditor should obtain and/or understand the Provider's data security policy. D). Subcontractor agreements (if applicable) i. Auditor should obtain and understand any agreements made with FOIE TO BE. UPDATED BY THE TRUST. AND.. CITY. FOR.-FY2015.,20X 6 FOIE. FIE NEW GRANT TERM ]BEGINNING AUGUST 1,2015 — JULY 3:1, 2016. Compliance Requirement Program Specific Audit Im lication Example subcontracted parties. Additionally, the auditor should obtain an understanding of any Provider monitoring procedures. E). Matching Funds i. In some cases, a required match is contracted. This will be indicated in Section D of the base contract. Verify the applied method the provider uses to satisfy match requirements. Also, verify that provider maintains documentation to backup match requirements. 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. FORM TO BE UPDATED BY THE TRUST AND CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 SLILY 31, 2016. FOB T€.. BE UPDATED BY THE TRUST AND. CITY FOR FY .20.I5-20.1.6. FOR THE NEW GIANT TERM BEGINNING AUGUST 1, 2015.— TIJLY 31, 20 6, 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 Horida 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. All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers provided to the program by a subcontractor have been checked against the Florida Department of Law Enforcement Florida Sexual Offender and Predator list http://offender.fdle.state.fi.us/offender/Reglstries.isp (Check must have taken place within 30 calendar days prior to the signing of this document.) STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared !CEO/Executive Director) Authorized Provider isY Representative of ._ _. r !Provide# N`arne) ? .., who being by me first duly sworn, deposes and says: (Name of Contracted Provider) (Signature of CEO/Executive Director/HR Director) Date 1 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 FORM TO BE UPDATED BY THE TRUST ANI) CITY FO.R. FY 2015-2.01.E FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JULY 31, 20160 Print, type or stamp name of notary public My Commission Expires: 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) DRAFT to be Updated Service Authorization Letter May 20, 2015 Ms. Maria C. Carreras Execeptional Consulting for Educational Leaders, Inc. 7891 SW 57t' Terrace Miami, FL 33143 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2015-2016 Families First Parenting Programof the City of Miami funded through The Children's Trust ("Families First") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of August 1, 2015 for the Families First Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its , 2015 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and. The Children's Trust are moving forward to complete their document execution processes andthe document execution processes with each of you for the Fiscal Year 2015-2016. The City Commission has authorized moving forward with the Families First Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. 1.5- , adopted , 2015, a copy of which is attached hereto and incorporated hereby. The Fiscal Year contract that each. Service Provider has with the City of Miami will be for the service period beginning August 1, 2015 to July 31, 2016..During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furtheiinore, each Service Provider shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed for the City of Miami Department of Grants Administration under the Families First Program. These requests for payment shall be submitted on or before the tenth (1.0th) of the month following the month in Draft form of Service Authorization Letter which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will be the next available business day. If you have any questions, feel free to contact Esther Balsera, Education Initiatives Coordinator at 305-416-1532. Thank you for your participation as a Service Provider. We look forward to continue working with you in the Families First Program. Sincerely, Lillian Blondet Director City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for Families First acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Draft form of Service Authorization Letter DRAFT to be Updated Service Authorization Letter May 19, 2015 Ms. Constance Goudie Conee, Inc. 11551 SW 88th Street Miami, FL 33176 RE: Service Authorization and Reimbursement for Service Providers participating in the Fiscal Year 2015-2016 Families First Parenting Program of the City of Miami funded through The Children's Trust ("Families First") To Service Providers: The City of Miami ("City") Department of Grants Administration hereby guarantees monetary reimbursement to and hereby authorizes each of the Service Providers addressed above to begin providing after -school services beginning as of August 1, 2015 for the Families First Program in advance of your receipt of the final form of Professional Services Agreement with the City. The Children's Trust has authorized a Contract with the City at its , 2015 meeting. This Service Authorization Letter serves as notice to Service Providers that the City and The Children's Trust are moving forwardto complete their document execution processes and the document execution processes with each of you for the Fiscal Year 2015-2016. The City Commission has authorized moving forward with the Families First Program funded by The Children's Trust and your services have been authorized accordingly pursuant to Resolution No. 15 - adopted , 2015 a copy of which is attached hereto and incorporated hereby. The Fiscal Year contract that each Service Provider has with the City of Miami will be for the service period beginning August 1, 2015 to July 31, 2016. During the period of time covered by this Service Authorization Letter, each Service Provider will provide program activities, complete all outcome assessments, submit invoices for program eligible expenses to be reimbursed, and submit all reports and data according to the contract requirements and due dates delineated within the Scope of Services provided to The Children's Trust. Furthermore, each. Service Provider shall submit original requests for payment in the format prescribed by The Children's Trust for services/work performed for the City of Miami Department of Grants Administration under the Families First Program. These requests for payment shall be submitted on or before the tenth (loth) of the monthfollowing the month. in Draft form of Service Authorization Letter which expenditures were incurred, exclusive of legal holidays and weekends, in which case, the due date for submission of payment will: be the next available business day. If you have any questions, feel free to contact Esther Balsera, Education Initiatives Coordinator at 3O5-416-1532. Thank you for your participationas a Service Provider. We look forward to continue working with you in the Families First Program. Sincerely, Lillian Blondet Director City of Miami Department of Grants Administration , as an Authorized Representative of as a Service Provider for Families First acknowledges acceptance of these terms and conditions via this Service Authorization Letter: Signature of Authorized Representative on behalf of as Service Provider: Printed Name: Title: Date: Draft form of Service Authorization Letter FORM•TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST1, 2015 -® JULY 31, 2016 FY 2014-2015 Professional Services Agreement with In connection with CONTRACT NO. BETWEEN THE CHILDREN'S TRUST AND CITY OF MIAMI Department: Program: THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is between the City of Miami, a Florida municipal corporation whose address is 3500 Pan American Drive, Miami, Florida 33133 ("City"), and , a Florida whose address is ("Provider") in connection with the CONTRACT ("Contract" attached and incorporated hereby as Exhibit 1) between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 ("Trust or "The Children's Trust") and the City. In consideration of the mutual covenants herein, City and Provider (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall be the same as the effective term of the Contract which shall be from through subject to funding availability and Provider's performance. B. TERMS OF RENEWAL, if applicable In their respective sole discretion, the City and The Children's Trust in connection with the Contract, may renew this Agreement with the acknowledgement of Provider. In considering the exercise of any agreement/contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization of the Trust and any City Commission approvals, if necessary, renewal of this Agreement may not exceed a term equal to the term of the initial Trust Contract for a total maximum of three (3) terms. The City in consultation with The Children's Trust in their sole discretion will consider, but are not limited to, the following: 1. Provider meeting the performance requirements specified in this Agreement in relation to the Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that are deemed satisfactory in the City and The Children's Trust, in their respective sole discretion. 4. The availability of funds. The City and The Children's Trust are prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the agreement/contract. 5. If applicable, The Children's Trust in its sole discretion will initiate re -negotiation of this Agreement through renegotiation of the Contract before the agreement and contract i'erm expires. 6. Provider's performance under any other agreement with the City. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 1 FORM TO BE .UPDATED BY.T•RE CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1., 2015 JU1LY 3k, 2016 C. SCOPE OF SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services", to this Agreement and the Contract. Provider shall implement the Services in a manner deemed satisfactory to the City and The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by the City, 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 City from The Children's Trust, pursuant to this Agreement and the Contract will be used exclusively for services in and for the benefit of City and Miami -Dade County residents. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Agreement and the Contract shall not exceed $ with a required cash match of $ and a required in -kind match of $ . Provider agrees that should available funding to the City and/or The Children's Trust be reduced, the amount payable under this Agreement and the 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 Agreement and the Contract. E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Agreement and the Contract may not also be claimed under any other contract or grant from the City and/or The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Agreement and of Provider's portion of the Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding through the City under this Agreement and the Contract 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 Agreement and of Provider's portion of the 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 Agreement and the Contract (see Section K. Insurance) . 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 2 :FORM, TO BE UPDATED BY THE CITY FOR FY 2015,-2016 .EOR. THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 -m JULY 31, 2016 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 City and 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 through the City pursuant to this Agreement and the Contract. When Provider is no longer funded by The Children's Trust through the City under this Agreement and the Contract, 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 depredated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice to the City for approval by the Trust. 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 City program manager and 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 Agreement in connection with the Contract to another party. Provider shall not subcontract any Services under this Agreement in connection with the Contract without prior written approval of the City and The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this Agreement and the Contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this Agreement and the Contract. Provider shalt submit to the City and The Children's Trust a copy of each subcontract to this Agreement and the 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, the City and/or The Children's Trust, in the same manner as Provider under the terms of this Agreement and the Contract. Provider acknowledges and agrees that the City, The Children's Trust and any subcontractor to this Agreement in connection with the Contract have authority to communicate and exchange information about Agreement, Contract, program, and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Provider shall be responsible for all Services performed, and all expenses incurred, under this Agreement and the Contract, including services provided and expenses incurred by any and all subcontractors. The City and 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 City and The Children's Trust, and their respective officials, officers, employees, and agents against any claims, demands or actions related to any subcontract. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: FORM TO BE. UPDATED BY THE CITY- FOR FY 2015 2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1;'2015'L,TULY 31, 2016 The City and Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by the City and The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The City and The Children's Trust both reserve the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any Subcontractor must be currently qualified to do business in the State of Florida and must have the required licenses and permits required to do business in the City of Miami at the time that this Agreement and at the time that any 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 Agreement and the Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Agreement and of Provider's portion of the Contract. 6. Lobbying Provider shall not use any funds provided under this Agreement and the Contract or any other funds provided by the City through The Children's Trust for lobbying any federal, state or local government or legislators, Any such use by Provider shall be a material breach of this Agreement and Provider's portion of the Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Agreement and the Contract, or any other funds provided by the City from The Children's Trust, for any legal fees, or for any action or proceeding against the City and/or The Children's Trust, their respective agents, employees, officers, or officials, Any such use by Provider shall be a material breach of this Agreement and of Provider's portion of the 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, licenses, permits, and any other governmental fees, as applicable, throughout the term of this Agreement and 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, and to the City's program manager. F. INDEMNIFICATION BY PROVIDER 1. Government Providers costs of defense, which its officials, officers, employees, agents or instrumentalities may incur as a result of Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless the City, The Children's Trust, and their respective officials, officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and claims, demands, 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 4 FORM TO BE UPDATED BY THE .CITY FORTY 2015-2016 FOR THE NEW `GRANT TERM BEGINNING AUGUST 1, 2015 m- JULY 31, 2016 suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement and Provider's portion of the Contract by Provider or its officials, officers, employees, agents, servants, partners, principals or subcontractors. Subject to the lirnitations 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 at claims, suits or actions of any kind or nature in the name of the City and The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon, 2. All Other Providers Provider shall indemnify and hold harmless the City and The Children's Trust and their respective officials, officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which the City, The Children's Trust, and/or their respective officials, 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 Agreement and Provider's portion of the Contract by Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising, as applicable, from the City's and/or 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 names of the City and The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Agreement in connection with the Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend, as applicable, the City, The Children's Trust, and their respective officials, officers, employees, agents and instrumentalities. The provisions of this section on indemnification shall survive the expiration or termination of this Agreement and the Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Agreement through the Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, the City and The Children's Trust both have a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Agreement and the Contract, and to have others acting on behalf of the City and/or The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow the City, The Children's Trust and others acting on behalf of the City and/or The Children's Trust to have reasonable use of the same consistent with the 396391 FY 2014-2015 Form of Provider Ageement in connection with Children's 'Trust Contract # for City Program: 5 :F•ORM,TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR THE NEW:. GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016 purposes and terms of this Agreement and the Contract, at no costs to the City and The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Agreement and the Contract are subject to the provisions, limitations and exceptions of Chapter 119, Horida Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Agreement and Provider's portion of the Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Agreement pursuant to the Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. For Governmental Providers: As applicable for Provider, the City and 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 and The Children's Trust 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 and/or The Children's Trust, as applicable, in the performance of this Agreement and the Contract violates the intellectual property rights of that third party. All Other Providers: Provider shall indemnify and hold the City and The Children's Trust 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 Provider, the City and/or The Children's Trust, as applicable, in the performance of this Agreement and the 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 Agreement and under Provider's portions of the Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Agreement and the Contract. b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Agreement and the Contract; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds and any funds allocated by the City under this Agreement and the Contract; e. Does not furnish and maintain the certificates of insurance required by this Agreement and the Contract or as determined by the City and/or The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Agreement and the Contract; 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 6 FORM TO BE UPDATED BY TM 1 O1Z Y 2015-2016 FOR THE NEW GRANT 'TERRY BEGINNING AUGUST 1, 2015 -- JULY 31; 2016 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 Agreement and the Contract; Refuses to allow the City and/or The Children's Trust access to records or refuses to allow the City and/or 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 rneet its obligations under this Agreement and the 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 City, The Children's Trust or any of their respective 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 Agreement and the 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 Agreement and the Contract. q. Fails to submit an Annual Financial Statement Audit and Program Specific Audit Engagement Letter within thirty (30) days after Provider's fiscal year end. Waiver of breach of any provisions of this Agreement and of any related provisions of the 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 Agreement nor of the Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from the City and/or The Children's Trust identifying the breach, the City and/or The Children's Trust may pursue any or all of the following remedies: a. The City and/or The Children's Trust may, at their sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Agreement and any related provisions of the Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Agreement and the Contract and shall not affect or render void or voidable any other provision contained in this Agreement and the Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The City and The Children's Trust may suspend payment in whole or in part under this Agreement and any related provisions of the 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 Agreement and the Contract, but Provider shall promptly 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 7 oFORM-T.O BE UPDATED BY TH.E.CITY FOR:FY2015-20.16 FOR THE.NEW .: GRANT TERM BEGINNING AUGUST 1, 2015 T JTJLY 31, 2016 cease using the City logo, The Children's Trust's logo and any other reference to the City and The Children's Trust in connection with such Services. All payrnents to Provider as of the date of suspension shall cease, except that the City and 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 City and The Children's Trust, prior to the effective date of such suspension. The City and/or The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between the City and Provider and 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 City and The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for at direct and indirect costs associated with such suspension including reasonable attorney's fees. c. The City may terminate this Agreement and The Children's Trust may terminate Provider's portions of the Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, the City and/or The Children's Trust may (a) request Provider to deliver to the City and The Children's Trust dear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Agreement and the 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 Agreement and under the Contract; (c) terminate further payment of Trust funds to Provider under this Agreement and the Contract, except that the City and 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 City and 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; and/or (e) terminate or cancel, without cause, any other agreements entered into between the City 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 City and/or The Children's Trust, as applicable, shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed at the sole discretion of the City and/or The Children's Trust, as applicable, prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 8 .FORM -TO BE UPDATED, BY ,THE -CITY FOR FY 2015-2016 FOR FOR THE NEW: — GRANT GRANT TERM BEGINNING AUGUST 1, 2015 JIJLY 31, 2016 d. The City and/or The Children's Trust may seek enforcement of this Agreement and of Provider's portions of the Contract, as applicable, 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 i he expiration or termination of this Agreement and the Contract. J. TERMINATION BY EITHER PARTY The parties agree that this Agreement and the Provider's portions of the 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 Agreement in connection with the Contract, Provider's insurance agent(s) shall provide to the City and The Children's Trust the following, as applicable: 1) Certificates of Insurance naming both the City 'and The Children's Trust as an additional insureds and both as certificate holders on all applicable policies; and all applicable policies shall be maintained in full force and effect for the entire term of this Agreement and the Contract. Or, 2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by the City and The Children's Trust, except as required by Florida law for government entities. Failure by Provider to comply with Section K, shall be a material breach of this Agreement and of Provider's portions of the Contract. The City and The Children's Trust will not disburse any funds under this Agreement and under Provider's portions of the Contract until all required Certificates of Insurance, or letter(s) of self-insurance have been provided to and have been approved by the City and The Children's Trust. Provider 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 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 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 9 • FORM TO BE UPD.A.TED. BY. THEC1:TY:FOR,'Y 2015-.2016. FOR, THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JULY 31, 2016 Trust and the City of Miami must both be designated and shown as an additional insured and as certificate holders 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 both be designated and shown as an additional insured and as certificate holders with respect to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded program must list both The Children's Trust and the City of Miami as a certificate holder and as an additional insured. 4. Automobile liability coverage for all 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 both be designated and shown as an "Additional Insured as Their Interests May Appear" with respect to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. 5. If applicable, Special Events Coverage, as determined by the City and 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 both be designated and shown as "Additional Insured as Their Interests May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 6, If applicable, Professional Liability insurance, as determined by the City and The Children's Trust, with coverage amounts determined by the City and 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 City and The Children's Trust are both 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. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 10 FORM TO BE UPDATED BY THE CITY FOR FY 20.15-2016, FOR THE NEW, GRANT TERM BEGI.NNING AUGUST 1, 2015 — JUEY 31, 2016 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 Agreement and the Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. Certificate Holders Certificate holders must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 And The City of Miami c/o Department of Risk Management 444 S.W. 2nd 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 Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of the City and 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 City and The Children's Trust for the duration of this Agreement and the Contract. In the event of any change in Provider's Scope of Services, Attachment A, the City and 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 City and 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 Agreement and the Contract, the City and 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 City and 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 City and/or 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 11 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: FORM TO,BE UPDATED BY THE CITY FOR FY 2015-2016 FORTHENEW _. GRANT TERM BEGINNING AUGUST 1, 2015 -JUICY 31, 2016 applicable federal or state laws or the City's requirements 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 City and/or The Children's Trust may have against Provider for any liability of any nature related to performance under this Agreement, the Contract, or otherwise. All insurance required hereunder ma be maintained b P bla k t policy or policies of insurance L. PROOF OF TAX STATUS roviaer • ursuant to a master or Provider is required to keep on file the following documentation for review by the City and 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) rnonths 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 Agreement and the Contract shall be sent to the addresses for each Party appearing on the first page of this Agreement and of the Contract, Notices to the City shall be marked to the attention of the City Manager. Notices to The Children's Trust shall be marked to the attention of its President/CEO. Notices to Provider shall be marked to the attention of . It is each Party's responsibility to advise the other Party in writing of any changes in responsible personnel for accepting Notices under this Agreement and under the Contract; mailing address, and/or telephone number. N. AUTONOMY The Parties agree that this Agreement as it relates to the 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 City nor of The Children's Trust, and Provider's agents and employees are not agents or employees of the City nor of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Agreement and the Contract, consistent with Florida Taws. 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, renewals, or waivers of the provision of this Contract. Any changes to this Contracted to change the total not to exceed amount payable 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 12 TFORM-TO BE UPDATED BY T1IE .CITY,EGR FY 2015-20.16 ,FOR.T HE.NE-W G_RANT"TERM BEGINNING AUGUST 1, 2015 ._- JULY 31; 2016 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 which conform to generally accepted accounting principles (GAAP). All such records will be retained by Provider for not Less than five (5) years beyond the last date that all applicable terms of this Agreement and the 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 Agreement and Contract or modification hereto or thereto 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 Statement Audit Within 180 days of the close of its fiscal year, Provider agrees to electronically submit the following documents to the City and 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 conduct business with the Florida Department of Business and Professional Regulation; (b). Written communication encompassing the requirements in AU-C section 265, Communicating Internal Control Related Matters Identified in an Audit (A/CPA, Professional Standards, voL 1); (c). Written communication encompassing the requirements in AU-C section 260, The Auditor's Communication With Those Charged With Governance (AICPA, Professional Standards, vol.1) (d). A Management Letter; if no Management Letter is prepared by the independent certified public accounting firm, then Provider must confirm in writing to the City and The Children's Trust that no such Management Letter was submitted to Provider; (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; (f). 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. 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 (GAAP) and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book). Electronic filing of the Annual Financial Statement Audit Package, as defined, must be sent to the following e-mail address: audits@thechildrenstrust.org and to the City's program manager at his/her City email address. 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 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 13 FORM TO BE UPDATED BY THE CITY FOR FY 2015-2016.FQ THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016 auditor's reports and the corrective action plan. In the event that the independent auditor does not disclose audit findings, Provider shall submit written notification to the City and The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Agreement and the 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 City and/or 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 City and/or The Children's Trust from this or any other City or Children's Trust contract(s), related to the fiscal year under audit, must electronically submit a Program Specific Audit (PSA) related to City contracts and 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. Program Specific Audits must be conducted in compliance with 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 auditors 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. 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 City and 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 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. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 14 FORM TO BE UPDATED BY, TITE,GITY.;EOR..FY .2015-2016.. FOR THE NEW. GRANT `FERM BEGINNING AUGUST 1, 2015 -� JULY 31, 2016 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 City and The Children's Trust shall withhold all payments to Provider until said documents are received and determined to be acceptable by the City and The Children's Trust. 5. Engagement Letters Audit Engagement Letters are due to the City and The Children's Trust thirty (30) days after a provider's fiscal year end. Provider agrees to submit an Engagement Letter for both the Audited Financial Statements and the Program Specific Audit, electronically, to audiits@thechildrenstrust.orq and to the City's program manager at his/her City email address. Failure to submit an Engagement Letter may result in breach of contract or other remedy as deemed appropriate by the City and The Children's Trust. 6. List of Trust Approved Certified Public Accounting Firms To receive reimbursement for the preparation the Annual Financial Statement Audit Package and the Program Specific Audit, as defined, Provider must choose from a list of approved Certified Public Accountants or approved Certified Public Accounting Firms, which are posted to The Children's Trust website. Inclusion on this pre -approved list requires a Certified Public Accountant or Certified Public Accounting Firm to meet three (3) criteria , which are enumerated in attachment B: 7. Access to records Provider shall provide access to at records including subcontractor(s) which relate to this Agreement and the 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 City and/or The Children's Trust to insure compliance with applicable accounting, financial, and programmatic standards. This would include access by the City, The Children's Trust, or their respective designees, to Provider's independent auditor's working papers for complying with federal, state and local requirements. The City and The Children's Trust reserve 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. 8. Monitoring Provider agrees to permit the City's personnel or contracted agents and 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 Agreement and the Contract, including any subcontracts under this Agreement and the Contract, using The Children's Trust approved monitoring tools. The City, The Children's Trust and/or contracted agents shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of this Agreement in relation to the Contract. Provider shall permit the City, The Children's Trust and/or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary in the City's and 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 rectify all deficiencies cited within the period of time specified in the report 9. Client Records 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 15 FORM TO BE UPDATED BY THE. CITY FOR.FY .2015-2.016 FOR THE NEV.. GRANT TERM BEGINNING AUGUST 1, 2015 -- JTLY 31, 2016 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); (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 Agreement and the Contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five (5) calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 8 . Internal Documentation/Records Retention Provider agrees to maintain and provide for inspection to the City and The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Agreement in connection with Provider's portions of the Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement and Provider's portions of the Contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this Agreement and the. Contract; all upon request by the City and/or The Children's Trust. Provider shall retain all records for not less than five (5) years beyond the last date that all applicable terms of this Agreement and the 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, the City, and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Agreement and the Contract impose no 396391 FY 2014-2015 Form of Provider Agreement in connection with 6 Children's Trust Contract # for City Program, _>l ORM TO BE UPDATED :BY:THE _CITY . FOR FY 2015-2016..I'OR THE, NE'W GRANT TERM BEGINNING AUGUST 15 22015 DULY 31, 2016 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 Agreement and the Contract, Provider shall specifically require all 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 (P11) Provider, is collecting or using inthe performance of this Agreement in relation to Provider's portions of the Contract. Pll 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 City and/or The Children's Trust, payment may be withheld for non-compliance of contractual terms. The City and The Children's Trust will provide payment upon satisfactory compliance of the contractual terms as solely determined by the City under this Agreement and by The Children's Trust under the Provider's portions of the Contract. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this this Agreement and any related portions of the 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 hereto and by the Trust under the Contract. 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 Agreement and any related provisions of the Contract. Any changes to this Agreement and to any related provisions of the Contract 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). Q. GOVERNING LAW & VENUE 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 17 FORM TO BE UPDATED BY,T IE CITY F UR k Y 201572016E i ,TT E. NEW GRANT TERM BEGINNING AUGUST 1, 2015 -- JJI[ Y 31, 2016 This Agreement and the 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 Agreement and/or the Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984,01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to -this Agreement in connection with the Contract. This requirement applies to all volunteers who provide services to children, youth and their families regardless of the number of hours they provide services. Occasional or transient repair or maintenance persons who appear on the site should be escorted to their work areas and then supervised during the time they are present to conduct their work. All providers are required to review annually, at minimum, The Dru Sjodin National Sex Offender Public Websitre. 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 wit cover employees, volunteers, and subcontractors performing services under this Agreement in connection with the 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 City and The Children's Trust expect Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 18 FORM TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING A.UOUST 1, 2015 — JIJLY 31, 2016 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual 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 City shall have the right to terminate all or any portion of this Agreement and The Children's Trust shall have the right to terminate all or any portion of Provider's portions of the Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Agreement, of Provider's portions al the Contract and The Children's Trust and the City will conduct no further business with Provider. 2. Public Entities Crime Act Provider wit not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the City or The Children's Trust, may not submit a bid on a contract, as applicable, with the City and/or The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City and/or The Children's Trust, as applicable, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with the City and/or The Children's Trust, as applicable, and may not transact any business with the City and/or The Children's Trust, as applicable, in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and of Provider's portions of the Contract and recovery of all monies paid hereto, and may result in debarment from the City's and The Children's Trust's competitive procurement activities. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 19 FORM TO BE UPDATED BY THE CITY. FOR FY 2015-201.6 FOR THE NEW GRAN a" "1`ERi'4 BEGINNING AUGUST 1, 2015 = JUTA 3I: 2016. 3. Conflict of interest Provider represents that the execution of this Agreement in connection with Provider's portions of the 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. Agreement and Provider's portions of the 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 Agreement and the Contract any and at licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, the City, other relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida and in the City of Miami both prior to and during the contract term with City and 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 wellbeing 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 City's program manager and The Children's Trust 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 20 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: FORM TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JULY 31, 2016 (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to the City and to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to the City and 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 Agreement in connection with the Contract and Provider has knowledge thereof. Provider shall provide written notification to the City and to The Children's Trust within three (3) business days after Provider is informed ofsuch an allegation. Provider shall provide written notification to the City and 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. L. 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 foam 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 City and The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this Agreement and the Contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish the City and The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The 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. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 21 FORM TO BE UPDATED BY THE .CITY FOR FY 2015-2016 FOR THE NEW, GRANT TERM BEGINNING :A1701.7ST'1, 2015 TILY 31, 2016 W. PUBLICITY Provider agrees that activities, services and events funded by this Agreement through the Contract shall recognize the City and The Children's Trust as funding sources, Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize the City and The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall contact the City's program manager regarding uses of the City 's logo, Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Agreement and the Contract, are informed that The Children's Trust is a funding source and that the City is a funding source in cooperation with The Children's Trust for Services within the City. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. Provider shall coordinate with the City's program manager regarding links between Provider's website and the City'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 wit 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, flyers, homepage of websites or any other materials for dissemination to the media or general public. English: City of Miami's Program Name is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of Miami's Program Icrne esta financiado=por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una Puente de financiacion, establecida por referendum para mejorar las vidas de ninos y families en el Condado de Miami - Dade. Kreyol: City of Miami's Program Name finanse_pa The Children's Trust". Trust la, se you sous lajan ke gouvenman amerikin vote an referandom you ke' 1i investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 22 FORM TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUC JST 1, 2015 J UJLY 31, 201 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 in cooperation with the City of Miami,..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement or of the 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 - 396391 FY 2014-2015 Form of Provider Ag eement in connection with Children's Trust Contract # for City Program: 23 FORM 'TO BE UPDATED BY THE CITY FOR FY 2015.72016FOR THE NEW, GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016 Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Agreement with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Exhibit 1: The Contract with its attachments Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting. Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Provider's Corporate Authorization and Insurance Requirements No other contract, oral or otherwise, regarding the subject matter of this Agreement in connection with the Contract shall be deemed to exist or bind the Parties. If any provision of this Agreement and/or any applicable provision of the Contract is held invalid or void, the remainder of this Agreement and any applicable provision of the Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. PROVIDER: A Florida Provider Federal ID# By: Print Name: Title: CITY OF MIAMI, A Florida municipal corporation By: Johnny Martinez, P.E. City Manager Date: Date Attest: Attest: By: By: Print Name: Todd Hannon, City Clerk Title: Date: Date: Approved as to Form and Correctness: By: Julie O. Bru, City Attorney Date: Approved as to Insurance Requirements: By: Calvin Ellis, Director of Risk Management Date: This Agreement is not valid until signed by both parties. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 24 FORM TO BE UPDATED BY THE CITY. FOR FY 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST i, 2015 ;-,-JULY'31, 2016 Attachment A Place Holder (replace this page with the revised Attachment A and remove all references to this place holder) 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 25 FORM TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR THE .NEW GRANT TERM BEGINNING AUGUST 1,-201.5 ® JULY 31, 201.6 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. The City shall not advance any funds unless such funds are advanced by The Children's Trust under the Contract in relation to this Agreement. 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 City's program manager, the Trust's 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 City and 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 this Agreement and the Contract. Budget revisions will be incorporated into this Agreement and the Contract. Indirect Administrative Costs/No Unfunded Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract amount. In no event shall the City fund any costs whatsoever unless such costs have been funded by The Children's Trust. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 26 FORM TO BE UPDATED BY THE CITY FOR FY 2015-2016 FOR. THE NEW GRANT TERM :BEGINNING AUGUST 1, 2015 — JULY 31, 2016. List of Approved Certified Public Accountant 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 (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 revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Agreement and the 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 (l5th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The City agrees to reimburse Provider in accordance with The Children's Trust requirements. Generally, The Children's Trust agrees to reimburse on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this Agreement and the 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 Agreement if permitted by the 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 Agreement and the Contract. The City and The Children's Trust reserve 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 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 27 FORM TO BE UPDATED BY THE CITY FOR FY.2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 — JULY 31, 2016 expiration of this Agreement and the Contract. If Provider fails to comply, all rights to payment shall be forfeited. If the City and/or The Children's Trust determines that Provider has been paid funds not in accordance with this Agreement in relation to the Contract, and to which it is not entitled, Provider shall return such funds to the City and/or The Children's Trust, as applicable, or submit appropriate documentation to support the payment within thirty (30) days of notification by the City and/or The Children's Trust. After thirty (30) days, The City and/or Children's Trust, as applicable, may recapture amounts due to the City and/or The Children's Trust, as applicable, from this or any other The Children's Trust contract or any other applicable City agreement by reducing amounts requested to be reimbursed less the amount owed to The Children's Trust and/or to the City, as applicable. The Children's Trust and the City shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this Agreement and the Contract and the City's decision and The Children's Trust's decision on this matter shall be binding. In the event that Provider, its independent auditor, the City, 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 or frorn the City, as applicable. If Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with this Agreement and the Contract, the City may amend this Agreement and 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. Any delay in amendment by the City is not deemed a waiver of the City's right to amend or seek reimbursement for under -serving participants in accordance with this Agreement. 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 Agreement and the 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 City and/or Children's Trust, as applicable, may retain any payments due until all required reports, deliverables or monies owed to the City and/or The Children's Trust, as applicable are submitted and accepted by The Children's Trust and/or the City, as applicable. 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 City and The Children's Trust upon request. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 28 FORM TO:BE UPDATED BY THE CITY FOR.FY 2015-2016.FOR THENEW GRANT" TERM BEGINNING AUGUST 1, 2015 — J1 LY 31, 2016 Provider shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third parhy, for any Service covered by this Agreement and the Contract, and shall make all such records available to the City and 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 Agreement and the Contract. Such methodology shall be made available to the City and The Children's Trust upon request. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 29 FORM TO BE UPDATED BY THE .CTTY. FOR. FY 2015-2016 FOR T,,HE NEW GRANT TERM BBFOINNING .AUGUST 1, 2015 „JULY 31, 2016 Attachment C Place Holder (replace this page with the revised Attachment C and remove all references to this place holder) 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract 4 for City Program: 30 FORM TO BE UPDATED.BY THE CITY FOR_F.Y 2015-2:016 FOR THE.NEW GRANT TER1M BEGINNING AUGUST ;., 2015 — .J JLY 31, 2016-, Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of this Agreement in connection with 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. Program Specific Audits must be conducted in compliance with AU-C 935 and are required to include performing tests of controls over compliance. 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 assessed at low during the planning stage. If the auditor determines alack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are not effective regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency or material weakness) should be reported. The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement as stated in the Children's Trust contracts. 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: 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 31 FORM. TO BE UPDATED BY THE CITY.FOR FY. 2015-2016 FOR THE NEW GRANT TERM BEGINNING AUGUST 1, 2015 - JTJLY 31, 2016 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 Le. 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 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 auditors 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(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) 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 32 FORM TO BE UPDATED BY THE CITY,FOR.:FY 2015-2016 FOR THE NEW. GRANT TERM BEGINNING AUGUST 1,2015 e JULY 342016 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 Agreement and the related Children's Trust 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. All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers provided to the program by a subcontractor have been checked against The Dru Sjodin National Sex Offender Public Website http://www.nsoow.aov/ena (Check must have taken place within 30 calendar days prior to the signing of this document.) STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared fCEO/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 at 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 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's 'Trust Contract # for City Prograrn: 33 FORM .TO BE UPDATED BY THE CITY FOR FY 2015.2016. FOR .THE .NEW GRANTTERM BEGINNING AUGUST 1, 2015 —JULY 31, 2016 Print, type or stamp name of notary public My Commission Expires: Attachment F (Replace this Page with Provider's Corporate Authorization and Insurance Requirements) 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 34 FORM TO BE UPDATED BY THE. CITY FOR FY 2015-2016 FOR.THE..N:EW GRANT TERM BEGINNING AUGUST :1.:201.5 - JULY 31, 2016 Attachment G 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) 396391 FY 2014-2015 Form of Provider Agreement in connection with Children's Trust Contract # for City Program: 35 Detail by Entity Name Page 1 of 2 Detail by Entity Name Florida Profit Corporation EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC. Filing Information Document Number P06000100295 FEI/EIN Number 208113202 Date Filed 07/31/2006 Effective Date 07/31/2006 State FL Status ACTIVE Principal Address 7891 SW 57 TERRACE MIAMI, FL 33143 Mailing Address 7891 SW 57 TERRACE MIAMI, FL 33143 Registered Agent Name & Address CARRERAS, MARIA C 7891 SW 57 TERRACE MIAMI, FL 33143 Officer/Director Detail Name & Address Title P CARRERAS, MARIA C 7891 SW 57 TERRACE MIAMI, FL 33143 Title VP MINAGORRI, YOLANDA G 7891 SW 57 TERRACE MIAMI, FL 33143 Annual Reports Report Year Filed Date http://search.§unbiz.org/Inquiry/CorporationSearch/SearehResultDetail?inqui pe=Entity... 5/29/2015 Detail by Entity Name Page 2 of 2 2013 03/01/2013 2014 02/26/2014 2015 01/19/2015 Document Images 01/19/2015 -- ANNUAL REPORT 02/26/2014 -- ANNUAL REPORT 03/01/2013 -- ANNUAL REPORT 01/09/2012 -- ANNUAL REPORT 01/06/2011 -- ANNUAL REPORT 02/17/2010 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 01/15/2009 -- ANNUAL REPORT L View image in PDF format 01/07/2008 -- ANNUAL REPORT L 04/30/2007 -- ANNUAL REPORT 07/31/2006 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format - . .................... . ' •••••• •• ap) richt © and Privacy Policies State of Plorlda, Department of state http ://search. sunbiz. or g/Inquiry/CorporationS care h/SearchR.e .sultD etail?inquirytype-----Entity,„ 5/29/2015 Detail by Entity Name Page 1 of 2 Detail by Entity Name Florida Profit Corporation CONEE, INC. Filing Information Document Number G60023 FEI/EIN Number 592331756 Date Filed 09/13/1983 State FL Status ACTIVE Principal Address CONEE, INC. 8530 SW 124th Avenue MIAMI, FL 33183 Changed: 02/27/2013 Mailing Address CONEE, INC. 8530 SW 124th Avenue MIAMI, FL 33183 Changed: 02/27/2013 Registered Agent Name & Address MOSKOWITZ, HERMAN 3850 HOLLYWOOD BLVD #204 HOLLYWOOD, FL 33021 Name Changed: 02/20/2011 Address Changed: 02/05/2001 Officer/Director Detail Name & Address Title PD GOUDIE, CONSTANCE CONEE, INC. 8530 SW 124th Avenue MIAMI, FL 33183 http://search.aunbiz.orgagairy/Corporation Search/SearcbResultDetail?inquirytype-Entity 5/29/2015 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2013 02/27/2013 2014 04/30/2014 2015 03/25/2015 DmcumeUt|maqes 03/25/2015 -- ANNUAL REPORT View image In PDF format 04/30/2014 --ANNUAL REPORT L View image in PDF format O2/27/2O13~-ANNUAL REPORT O1/07/2O12—ANNUAL REPORT O2/202O11—ANNUAL REPORT O2/D2/201O—ANNUAL REPORT O3/O5/2OUS--ANNUAL REPORT View image in PIDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format � O204/2OO8—A��NUALREPORT L_ View image inPDFformat — D40g�OO7—ANNUAL REPORT|Fview image inPDFformat O2/D3/2DO8—ANNUAL REPORT 01/29/2005 ANNUAL REPORT View image in PDF format View image in PDF format O204�O04—ANNUAL REPDFlT|_ View image inPDFformat 03/31/2003 -- ANNUAL REPORT F 0305/2OO2—ANNUAL REPORT O2fD5/2OO1—ANNUAL REPORT 02/15/2OOO—ANNUAL REPORT 03/101898—ANNUAL REPORT O5/O9/1997—ANNUAL REPORT 05/20/1996 ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format [ View image in PDF format — —1 View image in PDF format View image in PDF format View image in PDF format O4/24/1895—ANNUAL REPORT | View image inPDFformat CoQvrictht (D and Privacy Policies! State ofFlorida, Department of State. WebGrants - Childrens Trust Page 1 of 25 T d Application 6785 Parenting Programs RFP #2015-02 - Final 7072 - Families First Parenting Program Parenting Status: Submitted Applicant Information Submitted Date: 12/17/2014 10:53 PM Primary Contact: Name:* Ms. Lillian Salutation First Name Title: Director Email:F Iblondet©miamigov,com Address:* 444 SW 2nd Ave, OGA 5th FL Phone:* Fax: Organization Information Legal Name:* Unit (if applicable) Address:* Middle Name Miami Florida 33130 City State/Province Postal Code/Zip 305-416-1536 Phone City of Miami, Florida 444 SW 2nd Ave. 5th Floor, Office of Grants Administration Miami City Mailing address if different from agency address Mailing Address: Mailing: Additional Information Additional Agency Information Phone:* Fax: Organization Website: Florida Stale 444 SW 2nd Ave, 5th Floor, Office of Grants Administration Miami City 305-416-1509 33130 Zip Code Florida 33130 State Zip Code Blondet Last Name Ext. https://funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentPk=141590... 12/23/2014 WebGrants - Childrens Trust Page 2 of 25 Organization Type:* Date Agency Established" Public/Government June Month 1896 Year Federal ID Number:* 59-6000375 Fiscal Year End:* September Executive Director/CEO* Daniel Alfonso First Name Last Name Phone:* 305-416-1025 Fax: Email Address:* djalfonso@miamigov.com Financial Contact/CFO:* Fernando Casamayor First Name Last Name Phone:* 305-416-1009 Fax: Email Address:* Program Description FCasamayor@miamigov.com Brief Agency Mission Statement:t' Briefly state your agency mission. (500 character limit) The mission of the City of Miami (City) is to effectively serve the community and continuously enhance quality of life. The 2015 City of Miami multi -year and citywide Strategic Plan establishes key priorities for the coming years. The Strategic Plan emphasizes data -driven management and ongoing public engagement, The Plan's High -Priority Objectives include Education and Economic Success including supporting individuals and families in achieving educational success in support of the City's Mission, Program Abstract:* It is recommended that the abstract be the last section written. The abstract is a summary of the information contained in the proposal. The abstract should contain the agency name, program name, program type (e.g., group parenting education, group advocacy training, individual parenting services (home visiting), individual parenting services (not in the home), etc,), primary program activities, population to be served, geographic area primarily served, as well as any other significant information about the program. The abstract will be used by The Children's Trust to promote your program should your agency be funded. (200 word limit) The City of Miami Families First Parenting Program (FF) has been providing parenting services to Miami residents for over 7 years. FF targets high risk populations that are socio-economically disadvantaged and highly stressed because of increased risk factors such as parental unemployment, low education, housing difficulties, single parenthood, poor nutrition, and new immigrant status. The program will serve 180 parents/caregivers, and supportive family members of children ages 3 to 6 in Coconut Grove, Wynwood, Little Haiti, Flagami, and Little Havana, FF ensures accommodations are made to include parents/children with disabilities (CWD) and will accommodate 18 families of CWD. The program does not have enrollment restrictions. The City partners with ten established childcare centers to create convenient accessible sites to promote social, emotional, and academic competence in children, The program offers education and skill building opportunities to caregivers utilizing the evidence -based Incredible Years Preschool Basic prevention curriculum. It is comprised of a total of 18 sessions: 14-sessions delivering all primary components with fidelity and 4-sessions offering supplemental reinforcement parent/child activities. This curriculum has been proven to be effective for strengthening parent -child interactions, reducing harsh discipline and fostering parents' ability to promote children's social, emotional, and language development, and school readiness skills. Program Type Select all that apply: Group parenting education: Yes Group advocacy training: Individual parenting services https://funding.theehildrenstrust.net/getApplicationPrintPreview,do?dooumentPk=141590,., 12/23/2014 WebGrants - Childrens Trust Page 3 of 25 (home visiting): Individual parenting services (not in the home): Program Description:* Describe the proposed program (open text, 1600 word limit, about three pages). Provide a complete description of your program, at minimum providing the information below. This description should enable reviewers to visualize your program and clearly understand how your approach will result In program goals being achieved, In later application sections, you will have the opportunity to provide more details about the target population(s), site(s), activities, performance measurement, staffing, partnerships, and organizational capacity. o Goal(s) of program. • Who does the program serve? • How does the program learn about the needs, interests, and strengths of those served? Overall approach to meeting the needs and building upon the assets of the children and families served. o How will the program accommodate children with disabilities? • Describe the program's primary activities and how they meet the intent of the RFP. Include a description of, and rationale for, any evidence -based or promising programs, including a strong rationale for any modifications proposed (The Children's Trust reserves the right to approve/reject and proposed adaptations). If the selected evidence -based or promising program offers more than one curriculum, be sure to specify which one(s) will be implemented by your program, as well as whether they include the suggested content/process components referenced in the RFP. For program enhancements, if proposing use of an evidence -based or promising program that is not listed in the RFP, provide support for the effectiveness of what is being proposed, including references from well-known, established sources and/or attachments with information supporting effectiveness. • The duration of the program and frequency of contact with participants, • Every program should be part of a network dedicated to advancing and advocating for the healthy development of children and their families, and should also be familiar with the strengths and challenges of the community in which it is operating. How will your program connect participants and their families to community resources to meet needs that cannot be met directly by your program? • An overview of the program's partners. Families First Parenting Program (Families First or FF) will serve 180 parents/caregivers, and supportive family members of children ages 3 to 6, in Flagami, Coconut Grove, Wynwood, Little Haiti, and Little Havana, The City of Miami (City) partners with established childcare centers to create convenient accessible sites to promote social, emotional, and academic competence in children. The populations in the targeted neighborhoods share similar characteristics in their poverty and diversity: they are mainly minority, speak a language other than English at home, and live in some of the poorest areas. The City of Miami is considered among the poorest cities in the US. In 2008-2012, 29.5% of people lived below the poverty levels versus only 15.6% nationally (1). Miami has the nation's second -lowest median income, lower than Detroit or Newark (2). Our resources include: Ten day care sites with adequate space for proposed programming as well as sufficient staff to provide programming; and collaborating partners to support the provision of high -quality programming. The City will also link program participants to its network of services offered by various departments and outside entities. The primary goals are: 1. Promote parent competencies and strengthen families. 2. Increase positive and nurturing parenting. 3. Reduce critical and violent discipline approaches. 4. Improve parents' problem -solving and communication skills and anger management. 5, Increase family support networks and school involvement. 6. Increase parents' involvement in children's academic -related activities. The program learns about the needs and interest of the participants by conducting program surveys and maintaining an on- going open dialogue with residents. This on -going dialogue allows Families First staff to design, plan and alter programming to fit the specific needs and interests of children and parents. This process allows staff to identify the strengths of the program and tweak areas that can use improvement. The participant surveys given at the end of each Families First cycle are thoroughly reviewed and analyzed. Appropriate changes and improvements are made as recommended by the participants. While parents/caregivers are the main focus of FF, children receive childcare services during parents' instructional sessions and also participate with their parents in other prograrn activities. FF ensures accommodations are made to include parents or children with disabilities (CWD) and will accommodate 18 (10% of families) families of CWD. The Program Director works in conjunction with teachers and staff and makes the necessary accommodations such as: entry ramps for wheelchairs, accessible restrooms, one on one instruction, allowing extra time to complete an activity, or providing the parents with the supplies and instructions for special projects to be completed at home. The City has a non-discrimination policy and provides persons with Intellectual and physical challenges equal access to community -based recreational, leisure, and cultural activities to enhance their quality of life and inspire confidence, self-esteem and foster independence. Staff attends trainings internally and externally to keep abreast of emerging ways to appropriately implement inclusion strategies and address the needs of families. The program meets the intent of the RFP by offering education and skill building opportunities to caregivers of children ages 3 to 6 that are socio-economically disadvantaged. Families First is a year round parenting program offered utilizing the evidence - based Incredible Years Preschool Basic (Incredible Years or IY) prevention curriculum. FF is comprised of a total of 18 sessions: 14••sessions delivering all primary components with fidelity and 4-sessions offering supplemental reinforcement parent/child activities, Families First will be offered two cycles In five day cares for a total of ten different centers throughout the year. As prescribed by IY, meals, childcare and program materials are also provided. https://funding.thechildrenstrust,net/getApplicationPrintPreview.do?documentPk=141590.,. 12/23/2014 WebGrants m Childrens Trust Page 4 of 25 The evidence -based Incredible Years Preschool Basic parenting program has been proven in numerous randomized control group studies to be effective for strengthening parent -child interactions, reducing harsh discipline and fostering parents' ability to promote children's social, emotional, and language development, and school readiness skills. Incredible Years has been selected by the U.S. Office of Juvenile Justice and Delinquency Prevention as an exemplary best practice program and as a "Blueprints" program. It was also selected as a Model program by the Center for Substance Abuse Prevention. Primary activities include instruction using IY in Parenting Training Groups to cover topics such as Child directed play; Academic persistence; Social coaching; Encouraging cooperative behavior; Establishing rules and limits; Effectively managing misbehavior; Helping children self -regulate; Teaching children time out; Home safety proofing; and Teaching children beginning problem solving steps. These 14 weekly sessions, 2 hours per session, provide workshops to parents/caregivers, which will enable them to develop advance competence and confidence as caregivers. The curriculum provides valuable, consistent and encouraging parenting practices that set children on their way to a lifetime of success. The program provides materials in child development awareness and developing positive interactions between parents and children. The Families First program is tailored to ensure cultural sensitivity and fits the City's residents' multi -cultural backgrounds. The program builds parenting competencies and encourages involvement In children's school experiences to strengthen parenting skills and foster more tolerant communities. Frequency: 1 session per week/centers (5 centers per cycle) Intensity: 2 hours/session Duration: 14 weeks — 14 sessions Parenting Supplemental Sessions are used to reinforce the curriculum using guidance from Incredible Years. These parent/child supplemental activities will allow for parent knowledge acquisition and behavioral change to be observed, and allow a fun and experiential environment to learn healthy living guidelines and basic home and outdoor safety precautions. These 4-2 hour sessions will Include instruction on health, child safety and injury prevention education to families and children. As these sessions engage the parents/caregivers and their child/children, the group shares and puts into practice the lessons previously learned in the Incredible Years Parenting Training Group sessions. The City of Miami also provides special guests to speak about Miscellaneous topics requested by parents such as Fire Safety, First Aid, Nutrition, and Financial Literacy. Each of these 4-2 hour sessions will consist of 1 hour of Indoor safety, Outdoor safety or Miscellaneous topics combined with 1 hour of Play and Learn through Music. Activity Frequency Duration Partners Indoor Safety 1 session per center, per cycle 1 hour Injury Free Coalition utilizing their free mobile unit. Outdoor Safety 1 session per center, per cycle 1 hour Injury Free Coalition Play and Learn through Music 4 sessions per center, per cycle 1 hour Conee, Inc. d.b.a Gymboree Miscellaneous Topics 2 sessions per center, per cycle 1 hour — Various Additionally, FF will offer field trips to function as Curriculum Booster Supplemental Activities for the parent and child. These Cultural Outings include events, shows and fairs chosen by the City of Miami in conjunction with the participants, The City will provide transportation, entry and food for participating families to attend arts and cultural events at various venues in the City as a way of reinforcing the knowledge gained in the training, and as a means to practice skills learned while in a large public environment. Our experience also shows that these outings serve as motivational activities to stay in the program. Frequency/Intensity/Duration: Up to 8 hours, three times per program year in December, March, and June. Service Integration: Staff will work with subcontractors in the preferred protocol for serving families in need. For every request, staff will give the parent/caretaker a pre -designed fact sheet on the top challenges facing our parents and the services available to address them such as: housing needs, food emergencies, travel emergencies, domestic violence, child abuse, and employment. This information will also be explained to the caregiver verbally in the event of different literacy levels or language barriers. Six of the ten sites are funded by Head Start and have an in-house Social Services Department linking all parents to services. Head Start parents also receive a Reference Manual containing all community resources within Miami -Dade County as well as a Referral Manual with local services available to families. The other four smaller centers provide referrals to Early Learning Coalition, Connect Families and other similar care coordination organizations. When the Program Director identifies a participant as having multiple and complex needs beyond those that can be addressed through the Families First Parenting Program, she https;//funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentPk=141.590... 1.2/23/2.014 WebGrants - Childrens Trust Page 5 of 25 will meet with the center's staff to discuss a strategy and providers that can address the full range of needs and concerns. Staff will note the referral in the program file. At the orientation sessions, FF will provide a list of these services and their basic eligibility requirements including contact information for 211 and 311 and how to access them. As a government entity, the City provides a variety of services to constituents directly such as: • Free tax preparation - COM ACCESS Miami program • Computer purchase assistance through matched savings program - COM ACCESS Miami • Programs for adults and children with disabilities - Sandra De Lucca Center and Project Search • Workforce services at CareerSource South Florida Miami center • Home purchasing assistance & Residential Rehab - COM Community and Economic Development Department (CEDD). Overview of the program's partners: The City has been operating this Parenting Program utilizing IY for 4 years with the same partners. These partners bring a wealth of knowledge and experience from their respective fields. EXCEL staff has extensive experience as educators, attended IY Leader Training and serves as Program Director. They are able to implement the program with fidelity and are sensitive to the needs/culture the participants. Gymboree provides its expertise in early childhood development programs and has customized activities for FF. They are the trusting faces the childcare center administration and participants turn to for assistance with parenting skills/child behaviors. Partnerships Table Partner Partner Agency Description KIDCO Child Care, Inc. Conee, Inc. d.b.a. Gymboree Play & Music Paid Role in Program Implementation and Resources LOA/MOU subcontractor Committed. attached? or in -kind services KIDCO Child Care, Inc. is an organization whose mission is to provide quality childcare services. KIDCO Child Care, Inc. Role: Provide facility, childcare teacher, will coordinate with the outreach counselor, and administrative City of Miami in order to support, help prevent the development of negative Resources: Families, teachers and support behavior in children and staff. instead, lead to the development of mature, productive and successful adults. Role: Since its creation in 1976, Gymboree Play & Music • Organize and implement session has created instruction per Incredible Years developmental play, music Curriculum and art classes for parents • Provide required materials (if and children ages necessary) for parents at each newborn to five. session. Gymboree's practices are • Schedule sessions with program based on a blend of early director. childhood development • Maintain compliance with all reporting theories complemented by requirements. more than 30 years of • Provide trained staff member with hands-on experience. completed background screenings. Yes in -kind Yes paid https://funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentPlc=141590... 12/23/2014 WebGrants - Childrens Trust Page 6 of 25 Exceptional Consulting for Educational Leaders (EXCEL), Inc, Centro Mater Child Care Center Resources: Staff, curricula, materials, and program facilitation. Role: EXCEL will serve as: A certified Incredible Years Curriculum Group Leader; as additional curriculum teacher; facilitate and supervise the 140 Incredible Years (IY) curriculum sessions and 40 supplemental sessions with program partners; set up program sites; meet with the site directors; assess site readiness for the EXCEL provides tailored program; create advertising and marketing educational consulting and strategies and tools for participants' practical, hands-on recruitment; create program schedules and workshops for year calendar for collaborators; recruit administrators, teachers, participants using grassroots strategies in parents and para the communities; attend site parent professionals. EXCEL's meetings and Open House orientation at the goal is to provide sites; assist participants with the Children's assistance to educational Trust Registration packets; administer programs and initiatives to program evaluation tools; administer and improve learning, interprete the program checklist at the end implement educational of each session for the teachers and the programs, and reach goals participants; record said data in and objectives to achieve spreadheets; provide and collect sign in higher levels of excellence sheets at each session; review all data to in the operations and assure program fidelity and effective administration of their teaching modalities; facilitate ongoing organization, support groups and peer review with the parents; complete final evaluation of the program and interpretation of all data; coordinate three City-wide events highlighting child safety, school readiness, parent/child interaction, and family activities. Resources: Staff, Incredible Years curriculum, materials, and program facilitation. Centro Mater Child Care Center is an organization whose mission is to provide quality childcare services. Centro Mater Role: Provide facility, childcare teacher, Child Care Center will outreach counselor, and administrative coordinate with the City of support. Miami in order to help prevent the development Resources: Families, teachers and support of negative behavior in staff, children and instead, lead to the development of mature, productive and successful adults. Our Little Ones Learning Center is an organization, Yes paid Yes In -kind https://funding,thechildrenstrust,net/getApplicationPrintPreview,do?documentPk=141590.,. 12/23/2014 WebGrants - Childrens Trust Page 7 of 25 whose mission is to provide quality childcare services. The Center will coordinate with the City of Miami in order to help Our attic ones prevent the development Learning Center of negative behavior in children and instead, lead to the development of mature, productive and successful adults. St, Alban's Child Enrichment Center United Way Center for Excellence in Early Childhood. BOLA Childcare & Learning Center St, Alban's Child Enrichment Center is a private not -for -profit organization, whose mission is to provide quality childcare services. The Center will coordinate with the City of Miami in order to help prevent the development of negative behavior in children and instead, lead to the development of mature, productive and successful adults. United Way Center for Excellence in Early Childhood is an organization, whose mission is to provide quality childcare services. The Center will coordinate with the City of Miami in order to help prevent the development of negative behavior in children and instead, lead to the development of mature, productive and successful adults, BOLA Childcare & Learning Center is an organization whose mission is to provide quality childcare services. BOLA Childcare & Learning Center will coordinate with the City of Miami in order to help prevent the development of negative behavior in children and instead, lead Role: Provide facility, childcare teacher, outreach counselor, and administrative support. Resources: Families, teachers and support staff, Role: Provide facility, childcare teacher, outreach counselor, and administrative support, Resources Families, teachers and support staff. Role: Provide facility, childcare teacher, outreach counselor, and administrative support. Resources: Families, teachers and support staff. Role: Provide facility, childcare teacher, outreach counselor, and administrative support. Resources: Families, teachers and support staff. Yea in -kind Yea to -kind Yes in -kind Yes in -kind https://funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentPk=141590.., 12/23/2014 WebGrants m Childrens Trust Page 8 of 25 Discovery Years/ Discovery Age Learning Centers Super Kids Christian Daycare. Inc. to the development of mature, productive and successful adults. Discovery Years/Discovery Age Learning Centers is an organization whose mission is to provide quality childcare services. Discovery Years Learning Centers will coordinate with the City of Miami in order to help prevent the development of negative behavior in children and instead, lead to the development of mature, productive and successful adults. Super Kids Christian Daycare, Inc. is an organization whose mission is to provide quality childcare services. Super Kids Christian Daycare, Inc. will coordinate with the City of Miami in order to help prevent the development of negative behavior in children and instead, lead to the development of mature, productive and successful adults. Participant Numbers Role: Provide facility, childcare teacher, outreach counselor, and administrative support. Resources: Families, teachers and support staff. Role: Provide facility, childcare teacher, outreach counselor, and administrative support. Resources: Far staff, flies, teachers and support Yes in -kind Yes in -kind Attendance Based Participants • Attendance based participant numbers should represent the unduplicated counts of unique individuals to receive direct services across all sites. The number of participants in this section represents individuals for whom individual demographics and attendance will be captured and reported. These participants will receive the activities that are central to theprogramimplementation. Individual attendance is tracked. This should Nor include participants at community presentations or general events, • The Children's Trust recognizes that the participants in this section who are expected to attend the program are not the only individuals who will benefit from the program. It is expected that a parent who attends the program will have children who benefit from the parent's experiences. However, for the purposes of this application, only include the numbers of individuals who will attend the program. • The Children's Tnrst maintains its commitment to the support and advancement of children with special needs. Accordingly, it is our policy and practice to ensure all children and their families are welcomed into The Children's Trust's programs, and served effectively with reasonable accommodations. • IMPORTANT: This section identifies the number of participants expected to complete (i.e„ attend required sessions) your program. Note: In previously years, providers have been asked to report the total number of participants to be recruited. However, this item is now asking the number of participants expected to complete the services. All participants identified will be expected to complete. Total number of unduplicated families to be served across all 180 sites:* Percentage of families expected to have one or more child / 0 youth with disabilities:' https://funding,thechildrenstrust•filet/getApplicationPrintPreview.do?documentPlc=141590,.. 12/23/2014 WebGrants - Childrens Trust Page 9 of 25 Total number of unduplicated parents/caregivers to be served 180 across all sites;* Estimate the total numbers of unduplicated children to participate in the proposed services below; If a grade level group is not being served, enter zeroes. Number of children in prenatal to pre-K:* Number of children in elementary school:` Number of children in middle school:* Number of children in high school:* If the parenting program will also directly serve other adults (i.e., staff, professionals), what is the total number of unduplicated others to be served? (number field) If no other adults will be served, enter zero, 0 0 0 Total number of unduplicated 0 others to be served:* Aggregated/Group Based Participants • These numbers should identify any additional participants who will attend or participate in a general community events program activity. As defined for the purposes of this RFP, general community events, group activities are those that are are typically open to the public and do not require program enrollment. These might be community presentations, health fairs, back to school events, etc. • Unlike attendance based participants, aggregated/group participants may be counted multiple times. • Participants included above as attendance based participants should NOT be included in the aggregated/group participants' counts. • The numbers entered below will be considered as estimates. If the proposed program does not include general community events group activities as defined above, enter zero for each category. Total number of families to be served:* Total number of parents/caregivers to be served:* Total number of children/youth to be served:* Total number of other adults (i.e„ staff, professionals, general community members) to be served:* Parenting Activities 300 100 100 100 *Activities/Service Name & Description (Include frequency, intensity & duration of sessions, as well as tentative schedule) PARENTING TRAINING GROUPS: The City of Miami Families First Parenting Program will use the Incredible Years Preschool Basic prevention curriculum to provide parenting training groups to cover topics such as: Child directed play; Academic persistence; Sodal coaching; Encouraging cooperative behavior'. Establishing rules and limits; Effectively managing misbehavior; Helping children self -regulate; Teaching children time out; Home safety proofing; and Teaching children beginning problem solving steps. ACCOMODATIONS FOR PARENTS/CHILDREN WITH DISABILITIES: The Program Director works in conjunction with teachers and staff and makes the necessary accommodations such as: entry ramps for wheelchairs, accessible restrooms, one on one instruction, allowing extra time to complete an activity, or providing the parents with the supplies arid instructions for special projects to be completed at home. Frequency: 1 session per week at each of the centers (5 centers per cycle) Intensity: 2 hours per session Duration: 14 weeks -- 14 sessions Schedule: See attached Other -Families First Session calendar & Quality Assurance-IY Program Session Activities 10 cohorts offered in Two Cycles (5 cohorts will be completed per cycle) Cyclel; Runs from August - December 2015 (90 participants) and Cycle 2: Runs from February — May 2019 (90 participants), PARENTING SUPPLEMENTAL SESSIONS: This Curriculum Reinforcement activity is using guidance from Incredible Years, these parent/child supplemental activities will allow for parent knowledge acquisition and behavioral change to be observed, and allow a fun and experiential environment to learn healthy living guidelines and basic home and street traffic safety precautions, These 4-2 hour sessions will consist of 1 hour of Indoor safety. Outdoor safety or Miscellaneous topics combined with 1 hour of Play and Learn through Music. ACCOMDDATIONS FOR PARENTS/CHILDREN WITH DISABILITIES: The Program Director works in conjunction with teachers and staff and makes the necessary accommodations such as: entry ramps for wheelchairs, accessihle restrooms, one on one instruction, allowing extra time to complete an activity, or providing the parents with the supplies and instructions for special projects to be completed at home. The same participants attending the Parenting Workshop/ Trainings will be invited to participate in the Parenting Group Sessions. Frequency: 4 times each cycle (1-hour session), Intensity: '1 hour Duration: # of Children/ Youth 0 0 # Parents / # Required Caregivers Others Sessions (#of#) 180 0 10 of 14 180 0 3 of 4 hops)/funding.thechildrenstrust.net/getApplicationPrintPreview,do?doeumentPk=141590... 12/23/2014 WebGrants - Childrens Trust Page 10 of 25 4 activities per cycle; (2) Gymboree, (1) Injury Free Indoor Training & ('I) Injury Free Outdoor Training Schedule; See attached Other -Families First Session calendar & Quality Assurance-IY Program Session Activities 10 cohorts offered in 'Two Cycles (5 cohorts will be completed per cycle) Cyclel: Runs from August - December 2015 (90 participants) and Cycle 2: Runs from February— May 2016 (90 participants), Parenting Activities *Activities/Service Name & Description (Include schedule) FIELD TRIPS: Curriculum Boosters Supplemental Activity/Parent/Child Cultural Outing: These Cultural Outings include events, shows and fairs chosen by the City of Miami in conjunction with the participants. The City will provide transportation. entry and food for participating families to attend arts and cultural events at various venues in the City as away of reinforcing the knowledge gained in the training, and as a means to practice skills learned while in a large public environment. ACCOMODATIONS FOR PARENTS/CHILDREN WITH DISABILITIES: The Program Director works in conjunction with teachers and staff and makes the necessary accommodations such es: entry ramps for wheelchairs, accessible restrooms, one on one instruction, allowing extra time to complete an activity, or providing the parents with the supplies and instructions for special projects to he completed at home. Frequency/Intensity/Duration Up to 8 hours, three times throughout the program year (December, March, and June Site Information # of # Parents / # # of Children/ Caregivers Others Events Youth 100 100 100 *Does *Fees: What your *Operation fees are "# Children agency ,Is this *DCF Schedule: charged at *Total # and youth *# Parents/ *# *Site *Street * * currently child Days, City ZIP operate site a care hours, site, Children with Caregivers Others Name Address Code a public license weeks and including to be Disabilities to be to be program school? status months of registration, served to be served served at this operation per child, served site? session, etc One day per week for '18 Centro weeks; 18 MfNater 418 SW sessions; 2 ate Care 4th Miami 33130 Yes No Licensed hours per N/A 0 0 18 0 Services Avenue session; Cycle 2:January - May 2016. One day per week for 18 weeks; 18 Discovery 410 SW sessions; 2 Childcare 5701 Miami 33144 Yes No Licensed hours per N/A 0 0 18 0 Center ##1 Avenue session; Cycle 2:January - May 2016. One day per week for 18 weeks; '18 Discovery 4, sessions; 2 Childcare 00 NW7 Miami 33126 No No Licensed hears per N/A 0 0 18 0 Center 03 Street session; Cycle 1:August - December 2015. One day per week for 18 weeks; 18 Kidco Child 3830 NE sessions; 2 Care, Inc. 1st Court Miami 33137 No No Licensed hours per N/A 0 0 18 0 ##3 session; Cycle 2:January May 2016. One day per week for 18 weeks; 18 https://funding.thechildrenstrust.net/getApplicationPrintPreview,do?documentPk=141590... 12/23/2014 WebGrants - Childrens Trust Page 11 of 25 Our Little Ones Learning Center 8037 NE 2nd Miami 33126 Yes Avenue sessions: 2 hours per session; No Licensed Cycle N/A 1:August - December 2015. Kidco Chid 5510 NE Caro, Inc. 2nd Miami 33137 Yes No Licensed #5 Avenue St, Alban 3465 Child Brooker Miami 33133 Yes No Licensed Enrichment Street Center Super lids 281 NE Christian 54th St Miami 33137 No Center United Way 3250 Center for Southwest Miami 33129 Excellence Third in Early Avenue Education No BOLA Childcare 70 NE 80 Miami 03138 No & Learning Terrace (';enter Target Population One day per week for 18 weeks; 18 sessions; 2 hours per session: Cycle 1:August- December 2015. One day per week for 18 weeks; 18 sessions; 2 hours per session; Cycle 1:August - Decernber 2015. One day per week for 18 weeks; 18 sessions; 2 N/A N/A No Licensed hours per N/A session; Cycle 2:January - May 2018.. One day per week for 18 weeks; 18 sessions; 2 No Licensed hours per NIA 0 0 18 0 session;Cycle 1:August- December 2015. One day per week for '18 weeks; 18 sessions; 2 No Licensed hours per N/A 20 0 20 0 session; 0 0 'I8 0 Cycle 2:January - May 2016. 0 0 18 0 0 0 18 0 0 0 18 0 Are proposed services or sites specifically located within any of the following Community Redevelopment Agency (CRA) areas? • The Trust has entered into agreements with three (3) Community Redevelopment Agencies (CRAs), for approximately $2,100, 000.00, $578, 000.00 and $637, 000.00 to fund programs within the City of Miami Beach CRA; the City of Miami Omni CRA and the City of Miami Southeast Overtown/Park West CRA, respectively. • This CRA funding is not required to come from any particular Trust -funded initiative; but rather, in the aggregate, must meet the agreed upon amounts. The required CRA funding amounts are inclusive of the total available funding and are not considered additional funding. • The City of Miami Beach CRA includes zip -codes 33139, 33140 and 33141. The two (2) City of Miami CRA areas are comprised of portions of zip -codes 33127, 33128, 33132 and 33136, as noted on the attached maps. All funding for this solicitation is contingent upon the availability of funds. *City of Miami Beach CRA* No *City of Miami Omni CRA * No *City of Miami Southeastern No OvertownlPark West CRA* Is the program universal/open for enrollment to anyone in the community, or limited to members of a particular group(s) (for example, students attending a particular school, families living within a specific geographic area, girls only, etc.)? *Enrollment requirements* universal enrollment/open to anyone https://funding.thechildrenstrust.net/getApplicationPrintPreview,do?docurnentPk=141590,.. 12/23/2014 WebGrants m Childrens Trust Page 12 of 25 *Participant description • Describe the people expected to be served, including children and youth with disabilities. • If enrollment is limited tomembers of a particular group, describe the group to be served (demographic and/or risk factors), any program entry criteria/requirements, and explain the rationale for limiting participation to the selected population. • Vulnerable populations of interest to The Trust include children and youth with disabilities and those who are otherwise regularly identified as belonging to special populations, such as teenage parents, families with children in foster care or under the jurisdiction of the juvenile justice system, or families with substance abuse or mental health issues or homeless families, (250 word limit or approximately id of a page) https://funding.thechildrenstrust.net/getA.pplicationPrintPreview,do?documentPk=141590... 12/23/2014 WebGrants - Childrens Trust Page 13 of 25 Families First Parenting Program targets high risk populations that are socio- economically disadvantaged and highly stressed because of increased risk factors such as parental unemployment, low education, housing difficulties, single parenthood, poor nutrition, and new immigrant status among others. Specifically, the program will serve 180 parents/caregivers, and supportive family members of children ages 3 to 6 in Coconut Grove, Wynwood, Little Haiti, Flagami, and Little Havana, FF ensures accommodations are made to include parents or children with disabilities (CWD) and will accommodate 18 families of CWD. There are not any restrictions for participating. The populations in these neighborhoods share similar characteristics in their poverty and diversity. AREA DEMOGRAPHICS (%) Neighborhood: S.W. Coconut Grove Hispanic African -American White/Other 26.09 34.34 38.10 Wynwood Hispanic African -American White/Other 59.26 14.41 22.78 Little Havana Hispanic African -American White/Other 93.41 1.40 4.68 Little Haiti Hispanic African -American White/Other 20.33 71.57 5.43 Flagami Hispanic African -American White/Other 94.41 0,38 4.63 Snapshot of these Miami families: • Language barrier: 77.4% of City of Miami residents spoke a language other than English at home; • Poverty: 29.5% of persons lived below poverty from 2008 through 2012; • Wealth Gap: Ranked 3rd in US by Brookings Institute; • Households: 67% are low to moderate income; Income: Lowest quintile of the City residents earned $10,348 in 2012; Education: Low rates of educational attainment with 30% of adults not having a high school degree, Unemployment: Over 15% in these areas compared to 6.8% Countywide. *Recruitment, enrollment, and retention • The Trust intends only to fund programs that are in demand or for which demand can be created, given the importance of using public funds with the reasonable expectation of a return on investment. https://funding.thechildrenstrust,net/getApplicationPrintPreview,do?docurnentPk=141590,.. 12/23/2014 WebGrants - Childrens Trust Page 14 of 25 • Outreach and engagement activities are necessary to ensure program enrollment, participation and completion. Program attendance and completion are associated with obtaining favorable outcomes. • Explain why the program you propose will be in demand by the target population in the specific geographic area(s), or if there is no demand, how you will create it. This may involve promotion of how the program will benefit participants, • Describe how your program will initiate contact with, recruit, enroll, engage and retain participants over time. What have you done before and has it been successful? How will you overcome recruitment and retention challenges? • What is the percentage you consider success retention as if relates to meeting program expectations? (500 word limit or approx. ? page) In the targeted areas, effective parenting skills are a great necessity. The child care centers where the program is provided request parenting programs for their families in order to improve the parenting skills and the relationship between the parent, child, and school. FF's program, services, and staff (who have worked with the program since inception) are familiar with/to the community. Yearly, the child care centers request the program be brought back due to the need for parenting classes. The centers' directors have noted significant improvement in the parenting skills of the participants upon completion of the FF Program. High demand has resulted in program expansion from 6 to 10 centers, Recruitment/Outreach: Parents will be reached by: print ads in childcare center bulletins, posters in community centers, community -based organizations, parks, ACCESS Miami program, City website, events, and Neighborhood Enhancement Team offices. FF Community Liaison will conduct grassroots outreach at the child care centers and the Program Director will also recruit at childcare orientation meetings. Engagement: FF has chosen quality service providers that are uniquely qualified to achieve the highest possible outcomes in the development of positive parenting skills, child development, social supports and health and safety, FF has been providing services in the targeted communities for over seven years. To keep parents engaged, FF includes supplemental activities that enrich the IY curriculum. Gymboree classes provide opportunities for parents to learn to play and interact with their children. Parents are guided and encouraged to implement the strategies and techniques learned in the Parenting Training Group. Injury Free Coalition provides indoor and outdoor safety. Guess speakers are invited to the centers to address topics identified by the parents as important. Retention: Childcare is provided for registered parents while they attend the sessions, The FF Community Liaison will conduct interventions at sites; call registered parents weekly to follow up on participation and offer services, resource connection or other options to address issues preventing attendance. Participating sites are required to provide a contact person (within the center) to assist FF with recruitment and weekly attendance reminders. The program handbook ensures participant commitment to the program. Meals are provided at each session, per the model. Parents receive incentives for attendance, participation, and arriving to class on time. Upon program completion, parents and families are invited to a citywide cultural event at a major venue where they receive a City of Miami Certificate of Completion. (See Data Quality assurance and program fidelity attachment,) Enrollment: FF is open for enrollment to anyone in the community who is a parent/caregiver or supportive family member of a child ages 3 to 6, Parents are registered at the child care orientation, on the first day of class, and for the first two weeks. During these two weeks, an informational table is set-up with boards depicting pictures and materials on the program for those parents who did not attend orientation. We approach all parents (face to face) as they enter/exit the school to promote the program and address any questions they may have, Participants are also provided with the FF Program Handbook (see Quality assurance and program fidelity attachment). Staffing Staffing Plan:" Describe your staffing plan addressing, at minimum, the points below. Remember to include a current organizational chart for the agency, including the proposed program, in the Attachments section of your application, • Specifically describe the qualifications and past experience of program staff to: o Create a positive, nurturing, developmentally appropriate program environment in a culturally competent manner. o Successfully implement your program curriculum and activities. o Collect, enter data, analyze, and utilize information from quality assurance processes and outcomes measurement to improve program quality. o Work with children and youth who have disabilities and their families, including a description of the levels of support you are equipped to provide, https://funding.thechildrenstrust.net/getApplicationPrintPreview,do?docutnentpl<=141590.,. 12/23/2014 WebGrants - Childrens Trust Page 15 of 25 the specific types of disabilities of children previously or currently served, and your approach to Inclusion. • Specify whether you will have to recruit and hire staff for this program or whether qualified staff is currently available within your agency. • How will the program be managed? Describe the approach to direct line staff supervision and management. • Describe the roles and supervision of volunteers in your program, if applicable. • Explain what efforts you will make to maintain staff and reduce turnover of trained, experienced staff within the program. Include historical turnover information and current staff recruitment and retention efforts. • Describe the training and professional development activities in which program staff participates as well as associated costs. (800 word limit or approx. 1 pages) Staffing Rationale: FF is a program within the City's Office of Grants Administration's (OGA) - Education Initiatives division and combines City staff with highly qualified subcontractors to deliver the program components. This approach results In a small management and administrative staff, with more emphasis on funding for direct service for IY trained teachers and mentors to provide services. By being housed in OGA, Families First is able to leverage resources from other City programs that can provide supportive services to the caregivers. Furthermore, OGA has in-house grant management expertise to ensure programmatic and administrative compliance with TCT requirements. City staff also brings experience in implementing evidence -based prograrns and facilitating communication with area residents. Education Initiative Coordinator: Full time staff critical to the implementation and operation of the program. • Provides fiscal and programmatic administration and supervises subcontracting agencies. • Monitors sites to ensure program Is being implemented with fidelity and in accordance to TCT requirements. • Coordinates activities between contractors and sites. • Keeps track of budget and expenditures. • Bachelors in Early Childhood/Elementary Education and Exceptional Education Certification. Over five years, managing and implementing TCT programs and services. Administrative Assistant: Part time position responsible for day-to-dayadministrative tasks. • Collects program/site information such as sign -in sheets and updates TCT reporting systems. • Prepare flyers and informational documents for program. • Provides clerical and administrative support. Community Liaison: Part-time staff position responsible for providing program information to community residents and enlisting program participants. • Works at site to assist teachers with parenting training groups. Subcontractors: EXCEL and Gymboree have been an integral part in the implementation of the basic IY curriculum and supplemental activities, Teachers: IY trained teachers will be contracted (as professional services) to teach the IY parenting curriculum in English/Spanish and/or English/Creole. The staff mentioned above as well as the subcontractor staff are bi-lingual in English and Spanish and/or Creole. They have over 7 years implementing TCT programs including 4 successfully offering Incredible Years In these disadvantage neighborhoods. Cultural Competency: City of Miami staff and our partners have all undergone cultural sensitivity training with particular expertise in Hispanic, Haitian and African -American populations. The program and subcontractor staff is bi-lingual in Spanish and/or Creole to provide a sensitive environment for those parents who are not fluent in English. Staff Retention: FF strives to hire and maintain staff that is committed to the program. The Education Initiative Coordinator will continue and has been managing TCT programs for over 5 years, including the last four years administering FF. The Community Liaison has held her position for 6 years. Subcontractors anticipate utilizing their existing staff. Certified Teachers are contracted to instruct specific components and activities. Data Collection: The Administrative Assistant will collect and enter the participant's data from all the sites. The Education Initiative Coordinator will then review all the information against the outcomes to determine any adjustments to the program implementation and protocols. FF Management: FF is designed to be a highly coordinated and seamless provision of services to the families of Miami. Therefore, the Education Initiative Coordinator is responsible for convening partners to engage them In planning the launch and then manage implementation, performance monitoring, events procurement and evaluation. The Coordinator is responsible in partnership with the City of Miami Office of the City. Attorney in expediting all contract agreements and ensuring each site is operationally ready, the program calendar is set and partners and staff are prepared. https://funding.thechildrenstrust,net/getApplicationPrintPreview.do?docurnentPk=141590... 12/23/2014 WebGrants - Childrens Trust Page 16 of 25 Regular meetings are critical to managing performance results and program management. The following meeting will be organized by the Education Initiative Coordinator: monthly meetings with partners covering : Retention, Policy, Ensuring Program Implementation with fidelity, TCT Requirements, Data Collection and Reporting, Monitoring and Areas of Improvement. The Education Initiative Coordinator reports to the Director of the Office of Grants Administration which allows for prompt adjustments on program delivery processes and protocols, Staff Training: Staff Training varies depending on responsibilities, though the Families First orientation will cover all components: 1. Incredible Years curriculum: 2 weeks prior to program commencement, 2. Disabilities Competencies Training: Annual Inclusion Training provided by Project Rise. 3, Customer Service Training: Required for all City of Miami employees. Staff will also utilize Incredible Years on-line training, DVDs and program printed material as training tools. Inclusion: FF ensures accommodations are made to include parents or children with disabilities (CWD) and will accommodate '18 (10% of families) families of CAD, The Program Director works in conjunction with teachers and staff and makes the necessary accommodations. The City has a non-discrimination policy and provides persons with intellectual and physical challenges equal access to community -based recreational, leisure, and cultural activities to enhance their quality of life and inspire confidence, self-esteem and foster independence, Staff attends trainings internally and externally to keep abreast of emerging ways to appropriately implement inclusion strategies and address the needs of families. Staffing Table Position # FT/PT Position Title Staff Status Type Education Initiatives Coordinator Community Liaison Exceptional Consulting for Educational Leaders (EXCEL) 1 Full -Time Employee 1 Part -Time/ Employee Seasonal Pert -Time/ Independent 2 Seasonal Contractor / Consultant Qualifications Duties Bachelors Degree in education or public administration. At least two years experience in program/grant management High school diploma. Bilingual In English and Creole. Good interpersonal skills, Experience working with parents and/or children. Bachelors Degree in education, social work, or similar field, At least two years of experience working within targeted community, community based organizations and families within community, BA education or related field. 1 year of experience in direct service to children and WI' work closely with the Program Director and community partners assuring the program's alignment with City and TCT goals and requirements. Manage administrative and fiscal responsibilities of the grant. City In kind. Will serve as Community Liaison, participate and assist with all classes and events, translate when needed, assist with registration, collect sign -in sheets and submit to Program Directors(EXCEL), assist with pre & post tests and surveys and work with sites in recruitment efforts, Assist with referrals of participants to other programs. 100% of time is devoted to this program. EXCEL Consulting agency will work as Program Directors to coordinate and provide day to day site management, Using the Incredible Years Curriculum, EXCEL and the Instructors will plan, perform evaluation, and provide parent feedback at every session, The Program Directors will: Be a certified Incredible Years Curriculum Group Leader; serve as additional curriculum teacher; facilitate and supervise the 140 Incredible Years (IY) curriculum sessions and 40 supplemental sessions with program partners; set up program sites; meet with the site directors; assess site readiness for the program; create advertising and marketing strategies and tools for participants' recruitment; create program schedules and year calendar for collaborators; recruit participants using grassroots strategies in the communities; attend site parent meetings and Open House orientation at the sites; assist participants with the Children's Trust Registration packets; administer program evaluation tools; administer and interprete the program checklist at the end of each session for the teachers and the participants; record said data in spreadheets; provide and collect sign in sheets at each session; review all data to assure program fidelity and effective teaching modalities; facilitate ongoing support groups and peer review with the parents; complete final evaluation of the program and interpretation of all data; coordinate three City-wide events highlighting child safety, school readiness, parent/child interaction, and family activities. Conduct group -based session in the designated parent education curriculum. https;//funding.thechildrenstrust.net/getApplicationPrintPreview,do?documentPk=l41590.,. 12/23/2014 WebGrants - Childrens Trust Page 17 of 25 Instructors Gymboree Play & Music families. Experience in teaching parenting Independent education with diverse 2 Facontractor cultures preferred. Seasonal Consultant Bilingual required. Pa t-'rime/ Independent 3 Seasonal Contractor / Consultant Administrative Part -Time/ p y Assistant 1 Seasonal Employee Performance Measurement Bachelors Degree in education or public administration, At least two years experience in program/grant management. High School Diploma or equivalent, with two references highlighting a strong work ethic and sense of responsibility. Document client contact; maintain accurate records. Administer pre- and post- inventories, questionnaires, and surveys. Provide parent activities to include music & play activities that support the parenting program. Will also attend all relevant grant meetings, provide all relevant data, and work closely with all program collaborators. Performs data entry for program, including but not limited to program attendance and scores. Open and closing of program, reports, collect monthly attendance data, collect weekly sign -in log, plans field trips for sites. Assist Program Director with assigned programmatic duties as necessary. Quality assurance and data collection Quality assurance processes and data collection plan;` • How does the program measure whether services are being delivered as intended and ensure the collection of ongoing data? Programs must be implemented with fidelity and outcomes measured accurately to achieve the expected beneficial effects, • Identify how you will track and measure adherence to and quality of the evidence -based or promising programs proposed. • Describe how you will incorporate the early childhood screenings using the Ages and Stages Questionnaires ASQ — ASQ: SE, The Modified Checklist for Autism in Toddlers (M-CHAT) and The Edinburg Postnatal Depression Scale (EPOS), • Describe your methods to ensure accurate scoring and timely reporting of the required collection of valid and reliable participant outcome measures, into The Trust's electronic reporting system. • How will the information collected be used to improve the program? • Attach any documents you use or intend to use to track and measure program fidelity including comprehensive needs assessment. (1000 word limit) Incredible Years founder, Carolyn Webster -Stratton, Ph.D. has identified five key elements to effective program implementation for the Incredible Years model: "(1) standardized treatment delivery (using comprehensive clinician manuals, well -articulated protocols, videotapes and materials for parents and children); (2) standardized quality training for group leaders delivering the intervention; (3) effective supervision of group leaders; (4) on -going fidelity monitoring and certification; and (5) agency or administrative support". The City of Miami's Families First program has implemented all five components with fidelity and will continue to do so. Families First will use the following measurement and reporting tools to measure whether services are being delivered as intended, adherence to and curriculum fidelity, and to ensure the collection of ongoing data as well as data recorded on the Children's Trust Samis, Quality Measure Measurement and Reporting Tool Timing Average number of sessions attended by all participants (Participant engagement) Electronic Data Reporting System Monthly # and % of participants who meet or exceed the required number of sessions (Participant retention) Electronic Data Reporting System Monthly # and % of participants very satisfied with services provided Parent Evaluation Survey- Incredible Years ' Monthly Fidelity to Incredible Years curriculum is measured through observation and completion of the Incredible Years Leader Checklist Incredible Years Leader Checklist Weekly Documentation of structured supervision Signed Program Director Supervision and Teacher Evaluation Signed Staff meeting notes and agenda Weekly with staff Monthly with Program Director and % of staff with necessary training/certification related to proposed HR Records At the beginning of contract year and https://funding,thechildrenstrust.net/getA.pplicationPrintPreview,do?documentPk=141590,.. 12/23/2014 WebGrants m Childrens Trust Page 18 of 25 program Parent Satisfaction with the program and the knowledge and skills gained End of the Program Parent Satisfaction Survey upon staff changes At the last session A Sign -in Sheet is used per center per week to take attendance of the participants. At the end of the session, these are used to record attendance In The Children's Trust web -based reporting system (Samis).(See Data source/measurement tool(s) attachment.) The Program Director, who is a trained Incredible Years Group Leader, Is present at every session and supervises the teacher to ensure fidelity to the IY curriculum. This is done by having the teacher review the IY Leader Checklist at the beginning of each session. This checklist lists all of the vignettes and requirements of the lesson being presented. The lesson is then presented to the participants. At the end of the lesson the teacher completes the checklist to ensure that all requirements were met. These IY L.eader Checklists are collected by the Program Director who also completes an ongoing supervision tool called Incredible Years Parent Group Peer and Self Evaluation Form, At the end of every four sessions, the teacher and the Program Director meet and confer using these tools and strategize on ways to improve program presentation. Also, at the end of every four sessions, the participants complete the Parent Evaluation Survey on which they can state their degree of satisfaction with the program. (See Data source/measurement tool(s) & Quality assurance and program fidelity attachment,) Upon completion of the program, participants complete the End of the Program Parent Satisfaction Survey. The participants are asked to evaluate the program, the skills that they have learned, and its effect on their families. Three open ended questions are asked that assist in the Program Director's overall program evaluation. (See Data source/measurement tool(s) attachment,) The IY Leader Checklist is used on a weekly basis to measure adherence to and the quality of the presentation by the teacher of the IY curriculum. The teacher is also evaluated weekly by the Program Director and at the end of the fourth session both meet to strategize improvement and changes if needed. The results of the Parent Evaluation Survey are used to ensure participant satisfaction with the program. Early childhood screenings are not applicable to the Families First Parenting Program. To ensure accurate scoring and timely reporting the weekly Sign -In sheets are used to record attendance. An Excel spreadsheet created by the Program Director readily shows manually entered weekly participants' attendance. The attendance is reported in Samis on a weekly basis. The participant outcome measures are scored by the Program Director at the beginning and at the end of the cycles. The scores are reported on Samis and are also manually entered in an Excel spreadsheet created by the Program Directors that compares the pre and post scores of all outcome measures for each parent/caregiver. To improve the program, all of the information collected is evaluated by the Program Director throughout the year. This allows for improvements and changes to be made as needed and on a timely basis. The Parent Evaluation Survey is used to verify that the parents are engaged and learning. The IY Leader Checklist and the Signed Program Director Supervision and Teacher Evaluation are used to confirm curriculum fidelity. As needed the Program Director will consult with the Education Initiatives Coordinator any proposed program modifications. Performance Measures Table REQUIRED OUTCOME MEASURES (3) FOR ALL GROUP PARENTING EDUCATION AND INDIVIDUAL PARENTING SERVICES 1. Parents/Primary caregivers increase positive parent/child interactions *Select Measure:(select all that apply) Home Observation for Measurement of the Environment (HOME) Inventory- Parent/child interaction suhscales Nursing Child Assessment Satellite Training (N—CAST) Adult Adolescent Parenting Inventory (AAPI)- Constructs B- Yes E https://funding.thechildrenstrust:.net/getApplicationPrintPreview:do?documentPlc-141590... 12/23/2014 WebGrants - Childrens Trust Page 19 of 25 Dyadic Parent -Child Interaction Coding System (DPICS-IV) - Child Directed Interaction Parent Child Relationship Inventory Not Applicable — not proposing to offer group parenting education or individual parenting services 2. Parents/Primary caregivers decrease parenting stress `Select Measure:(select all that apply) Parental Stress Scale Parent Stress. Index (PSI) Yes Not Applicable — not proposing to offer group parenting education or individual parenting services 3. Parents/Primary caregivers increase parenting skills *Select Measure (select a/I that apply) Nurturing Skills Competency Scales or Nurturing Quiz The Parenting Scale Yes Dyadic Parent -Child Interaction Coding Systems (DPICS-IV) - Effective Command Rate Not Applicable — not proposing to offer group parenting education or individual parenting services REQUIRED OUTCOME MEASURE (1) FOR ALL GROUP PARENTING EDUCATION AND INDIVIDUAL PARENTING SERVICES THAT TARGET ENROLLMENT BASED ON CHILD BEHAVIOR 1. Children decrease problem behavior or maintain appropriate behavior *Select Measure. (select all that apply) Youth Self Report (YSR) Child Behavior Checklist (CBCL) Pediatric Symptom Checklist Strengths and Difficulty Questionnaire (SDQ) Not Applicable — not proposing to offer group parenting education or individual parenting services that target enrollment based on child behavior Yes REQUIRED OUTCOME MEASURE (1) FOR ALL INDIVIDUAL PARENTING PROGRAMS SERVING FAMILIES IN A HOME SETTING 1. Parents/Primary caregivers provide a home environment that fosters child development *Select Measure:(se/ect all that apply) Home Observation for Measurement of the Environment (HOME) Inventory - Physical environment subscales Not Applicable — not proposing to offer individual parenting program to serve families in a home setting Yes https://funding.thechildrenstrust,net/get:ApplicationPrintPreviiew.do?docuinent:Plc=141590.., 12/23/2014 WebGrants - Childrens Trust Page 20 of 25 Performance Measures *Outcome: Include the target number and percent of participants expected to achieve each outcome 80% of children will decrease/maintain problem behavior. 80% of parents/caregivers will increase knowledge of appropriate health and safety measures. *Data Source/ Measurement Tool Name the specific measure that will be collected to document progress on this outcome Strengths and Difficulties Questionnaire (SDQ) consists of 20 items. Scoring is the sum of scores in all of the items of the 4 different scales (Emotional Symptoms Scale; Conduct Problems Scale; Hyperactivity Scale; Peer Problems Scale), The range is 0-40. The Indoor/Outdoor Safety Quizzes are questionnaires that have the same number of items and are scored the same. Each has '10 items and scoring is the sum of all correct answers. The range is 0-10. Organizational Capacity Grant Writer *Meaningful Improvement How will the measure be scored (number of items, resulting score, range) and what will indicate that the outcome was met? Meaningful improvement is a Post- test score of 17 or below. An increase of 2 points from Pre- to Post-test OR a score higher than 8 in the Post-test on one of the questionnaires based on the class. *Associated *Timing When will Activity Activity tools be collected? In which tool will be administered Pre -test will be administered during the first two sessions of the program and Post -lest will be administered at the conclusion of the last parenting session. Pre -test will be administered before t'ne session and Post-test at the conclusion of the session Parenting Training Groups Parenting Supplemental Session Is this application for funding being worked on (in part or in whole) by an external consultant or grant writer (paid or unpaid)? Yes; No —only staff of the Applicant Agency have created the application Select one: * If yes, who? No First Name Last Name Company Tale Other Funding Is applicant funded (or has applicant been funded) by other state, local, federal or private foundation grants? Select one:* No Agency Capacity What in your past service performance would persuade The Children's Trust that your agency can successfully implement the proposed program?* Include at minimum answers to the following points: • Experience with the target population and site locations. • History of performance providing services similar to your proposed program. When describing your past experience, please provide concrete examples that support your position, including quantitative results and capacity to manage public fund and contract requirements, • if you noted having received funding from other entities above, describe the awards received, including the funder(s), amounts, time periods and purpose of funding. • Attach third -party or past funder reviews of the related services you have performed, including fiscal reviews. If you do not have evidence of past performance, then you should explain why not,' and, assume, in the absence of such explanation, that The Children's Trust will not weigh your past performance positively in considering your application. • if your agency does not have a history of service provision in this area, justify what experience you have that would convince The Children's Trust to fund your proposal, including how the existing vision and mission of your organization is relevant to the proposed work, and to what extent past agency successes bear upon the likelihood that you can perform the work proposed. Describe the agency's capacity to successfully implement the proposed program: (800 word limit or approx. 1 '/z pages) Experience: The City of Miami has operated the Families First Parenting Program for over seven (7) years with the same partners and sites in some of Miami's most underserved neighborhoods. The program utilizing the Incredible Years BASIC curriculum was started 4 years ago in six day cares located in the minority dominant communities of Wynwood, Little Havana, Little Haiti, Coconut Grove, and Flagami. Through this parenting program, FF has provided parenting skills, tools and techniques to strengthen parent -child interactions to over 400 parents and caregivers. Locations where the program is offered (day care sites) are selected to ensure disadvantaged families are served in a location that provides safe and easy access. Performance: The program has been a success since its implementation and has achieved the following quantitative results: https://funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentP1c=141590,.. 12/23/2014 WebGrants - Childrens Trust Page 21 of 25 -Over 800 parents and children have attended FF program and events; -Children's Trust 2011-2012 Overall Contract Performance Score of 91,08; -Children's Trust 2012-2013 Overall Contract Performance Score of 90.00; and -Children's Trust 2013-2014 Overall Contract Performance Score of 91.55, CITY OF MIAMI FAMILIES FIRST PARENTING PROGRAM RESULTS Years 2011 to present Incredible Years Curriculum Average % of WEB -BASED % of participants with parents that PROGRAM showed REPORTING required number of % of Utilization YEAR SYSTEM sessions improvement as per Performance Measures 2011 - 2012 DATA TRACKER* 130%* 200%* 90% 2012 - 2013 DATA TRACKER* 106%* 139%* 89% 2013 - 2014 SAMIS 96% 116% 99% 2014 - 2015** SAMIS 97%0 tbd 99% * on Data Tracker, the number of participants recruited could exceed the number proposed and would not penalize the outcomes as long as the numbers required were met; ** these number are a projection or forecast based on the results of the first cycle in the current year The program has remained consistent by utilizing the same partners and centers to ensure a trusted relationship is maintained with the site administration and the parents who participate in the program. Continuity of services and cultural sensitivity have been key to the success of this program. Our partners bring a wealth of knowledge and experience from their respective fields and are able to implement the program with fidelity and are sensitive to the needs/culture of the area population. Throughout the years, parents have shown a greater interest in their child's ability to perform well in school and in developing competencies to address the day-to-day challenges of raising a child, This program is mainly funded by The Children's Trust with the administrative (in -kind) support of the City of Miami. MANAGEMENT OF PUBLIC FUNDS AND CONTRACT REQUIREMENTS The City of Miami utilizes continual self -evaluation of administration, personnel governance and fiscal processes and policies to assure that adequate administrative procedures are in place to safeguard funds. As needed, the internal monitoring team assists City of Miami management and program staff with any procedural technical assistance and training, This procedure provides objective follow-up to case management activities and addresses potential problems as an opportunity to improve service delivery rather than as a process in need of substantial corrective action. City of Miami management and program staff work pro- actively to ensure that areas which demonstrate potential weakness or which may have possible compliance issues are effectively addressed, The City of Miami operates in compliance with federal, state, and local statues and regulations in addition to our contractual obligations and commitments. The City has sufficient administrative and fiscal capabilities to meet all program management monitoring, procurement, record keeping and programmatic and fiscal reporting requirements, including audits. The City's organizational structure, established administrative procedures and broad experience provide the controls required to administer this grant; while its broad experience managing projects/ grants along with the staff expertise with The Children's Trust programmatic requirements will result in the successful implementation of the Families First program. Program Budget Program Budget Download the Excel budget forms from the Funding Opportunity Details page and upload the completed document in the Attachments form. Refer to the Budget Instructions and Guidelines for details regarding the required elements for completing these Excel forms, Please be sure to double check that everything in your budget is described in the narrative proposal sections, and vice versa, everything described in proposal narrative, with associated costs, is included in the budget. https;//funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentPk=141590... 12/23/2014 WebGrants - Childrens Trust Page 22 of 25 Total Requested Funding from The Children's Trust:* Total Match Funding for the $51,621.00 Program:* $2.37,152.00 Provide a general summary of the overall budget needed to implement the program as proposed.* If the program has matching funds, describe the funding source and general plan for use of these funds. Remember to include documentation of cash or in -kind matching funds for the proposed program in the Attachments of your application. (1500 character limit) Budget summary: The Families First program is a cooperative effort and its budget is geared towards allocating dollars to providing direct program services for the 180 participating parents and children. This budget also ensures implementation of the Incredible Years Parenting program with fidelity: • The total program cost is estimated at $288,773 to serve 180 parents with over 90%0 of the budget allocated for direct services. • City is matching 18% of the total program cost. • 51 % of the requested funding amount is being allocated to Teachers, Program Director and Gymboree for delivering the parenting training group sessions and parenting supplemental sessions. • Teachers provide curriculum in English, Creole and/or Spanish. • Food, transportation & supplemental activities/incentives are offered at a cost of $60,028 (21 % of requested funding). • Child care center sites are free of costs. • Existing partnerships allow for the provision of supplemental activities at no cost. The City is providing in -kind administration and oversight with 10% allocated for indirect costs. In addition, the City Departments provide guest speakers free of charge. The FF efforts will permit the City to enhance community partnership and bring people together from various backgrounds to address specific concerns and prioritize implementation of cost effective solutions. Subcontracting Rationale If you are subcontracting for direct services, explain why.* How will participants be better off because you are subcontracting direct services? How will your agency supervise and manage subcontractors to ensure they are perfonning well? Please note that subcontractors are limited to agencies or persons directly related to the program services. If you are not subcontracting for direct services, enter "Not Applicable," Families First understands that its expertise is in administration rather than programmatic services. Therefore, FF seeks to subcontract for quality professional services to ensure that participants receive the best services in the most cost effective manner. Subcontractors trained in the Incredible Years curriculum have pedagogical backgrounds and have extensive experience delivering the program to the targeted families. Supplemental activities are offered by individuals/entities proficient in each field. This results in benefits for the participants: 1. More funding for direct services. 2. Program services are provided by subject experts. 3. Greater educational and implementation resources from the subcontracting agency due to the fact the service component is the entire focus of their organization. FF also recognizes that it is ultimately responsible for the management, quality, and performance of its https://funding.thechiidrenstrust,net/getApplicationPrintPreview,do?documentPk=141590,.. 12/23/2014 WebGrants - Childrens Trust Page 23 of 25 subcontractors. The Education Initiatives Coordinator is tasked with ensuring that the program is implementing with fidelity and within the allocated budget. She will monitor the sites, participation and programming on an on -going basis to ensure the program is performing as planned. Program Fees Please indicate if program fees are charged to families and describe how much they are and how they are determined." If you will not charge any program fees, enter "Not Applicable," Not applicable Attachments Attachment REQUIRED ATTACHMENTS: Data source/measurement tool(s) (REQUIRED) Staff resumes (REQUIRED) Organizational chart(s) (REQUIRED) OTHER ATTACHMENTS Of applicable) Quality assurance and program fidelity (IF APPLICABLE) Evidence of past outcomes and/or successes (IF APPLICABLE) Evidence in support of proposed evidence -based or promising programs (IF APPLICABLE) Other funder fiscal monitoring reports (IF APPLICABLE) Letters of Agreement or Memoranda of Understanding (LOAs/MOUs) (IF APPLICABLE) Cash or in -kind matching funds (IF APPLICABLE) Sliding fee schedule (IF APPLICABLE) Other (specify in description) Fiscal Attachments Description Data source/measurement tool(s) Staff resumes Organizational chart(s) Quality assurance and program fidelity Evidenc..e of past outcomes and/or successes Evidence in support of proposed evidence -based or promising programs 2013 TCT Audit Letters of Agreement City of Miami Families First In -Kind Letter Other documents related to the program. File Name Data source & measurement tool(s) FINAL.pdf Resumes Final.pdf Organizational Chart Final,pdf Quality assurance and program fidelity final.pdf Evidence of Past Outcomes Final.pdf Evidence in support of EBP Final.pdf Other kinder fiscal -2013 TCT AUDIT.pdf LOA's,pdf FF Cash -I nKi nd Letter.pdf Other-final.pdf Type File Size pdf 8.3 MB pclf 265 KB pdf 354 KB pdf 2.1 MB pfif 45 KB pdf 153 KB Of 405 KB pdf 2.9 MB pdf 128 KB pdf 1.3 MB Attachment Budget (REQUIRED) Form W-9 (REQUIRED) Most recent annual financial statement audit (REQUIRED) Written communication encompassing the requirements of Government Auditing Standards and AU-C 265 (REQUIRED) Investigations, litigation and/or regulatory action (IF APPLICABLE) Installment repayment plan (IF APPLICABLE) Other (specify in description) Description City of Miami Families First Program Budget W-9 City of Miami Audit Written communication encompassing the requirements of Government Auditing Standards and AU-C 265 Management letter File Name Type City of Miami Families First xl Parenting RFP Budget FINAL.xlsx sx Form W-9,pdf pdf Annual Financial Statement Audit - FY13 City of Miami.pdf Written communication encompassing ... AU-C 265.pdf File Size 93 KB 718 KB 7.5 MB pdf 238 KB Management Letter-FY13 City of pdf 172 KB Miami.pdf https://funding.thechildrenstrustnet/getApplicationPrintPreview,do?doeumentPk=141590.,. 12/23/2014 WebGrants - Childrens Trust Page 24 of 25 Certifications Authorized Official Enter the authorized official's first and last name and title in this section. This will indicate the applicant's agreement to the Certifications below and Acknowledgement of Required Documents for contracting that are acknowledged by checking below, Authorized Official's Name and Title:* Lillian Blondet Director of Office of Grants Administration First Name Last Name Title Conflict of Interest Does anyone on the board of directors or staff of the applicant agency have e conflict of interest with The Children's Trust's Board af Directors or staff? Select:* Yes If yes, please list the name of the person and nature of the conflict. Please note that the State and County conflict of interest laws apply to this RFP and its contracts. These laws may be viewed at www.ethlcs.state.fl. us and at http://ethics.miamidade.gov/about. asp. Employees of The Children's Trust and current Board members of The Children's Trust cannot participate in any way, or be involved with, the development of any response to an RFP. All applicants must disclose the name of any and all grant writers/consultants or agencies involved in the creation of this application, All applicants must disclose if any employee of The Children's Trust or a current member of its Board of Directors participated in any manner in the development of a response to the funding application or has any interest, directly or indirectly, in the applicant's business or In any of its branches. Such disclosure must be submitted by a signed, written letter that is attached as part of the application under "other" attachments.(1500 character limit) Explanation: Dr. Miguel Balsera is related to the Education Initiatives Coordinator, Esther Balsera, City of Miami. Unpaid Taxes Does applicant owe any money to the Internal Revenue Service (IRS) or other taxing authority (i.e., Florida Department of Revenue) for unpaid, past due, payroll or other taxes? Select:'" No If yes, then how much money is owed for past due taxes, Interest and penalties (please separately list each of these amounts). Explanation: Repayment Plan Applicant is required to attach the existing installment repayment plan and/or correspondence with the taxing authority. Any Installment repayment plan should clearly identify the terms and conditions of repayment. If no such agreement or correspondence can be provided, please explain why. Explanation: Pending Investigations Is applicant under investigation by the Office of the Inspector General or any other federal, state or local authorities? Select:" No If yes, then please explain the nature of the investigation and attach any related reports. Explanation: Certification Statements 1 do hereby certify to the following statements and that all facts, figures, and representations made in this application and supporting documents are true and correct. e All applicable statutes, regulations and procedures for program compliance and fiscal control, including but not limited to those contained in the application and contract, will be implemented to ensure proper accountability of funds. I certify that the funds requested in this application will not duplicate or rep/ace funds that would otherwise be used for the purposes set forth in this proposal, and that the funds requested are a true estimate of the amount needed to operate the proposed program. https://funding.thechildrenstrust.net/getApplicationPrintPreview.do?documentPk=141590,,. 12/23/2014 WebGrants - Childrens Trust Page 25 of 25 • I have been duly authorized to act as the representative of the Agency in connection with filing this application. Further, I understand that it is the responsibility of the agency head to obtain from its governing body the authorization for the submission of this application. • This bid process is subject to the Cone of Silence and Florida's conflict of interest laws (§I12.311, et. seg). I further state that to the best of my knowledge, submission of this proposal is in compliance with the state and county conflict of interest laws. • All work contained within this proposal is the unique and original product of the agency I represent, and has not been plagiarized or duplicated in any way from another's work. Check box to acknowledge agreement with the above Yes statements:` Acknowledgement of Required Documents for Contracting I certify that if this application is recommended for funding then each of the requirements listed below will be met es noted, as a condition of receiving funding: • Staff background checks: All staff and volunteers with direct contact with children must satisfactorily pass a Level II background screening that is on file prior to employment. • Insurance: Documentation of General Liability Insurance that includes sexual molestation (min. $500,000 combined single limit per occurrence and $1,000, 000 in the aggregate), Workers' Compensation Insurance (min. $500,000), Automobile Insurance (min. $1,000,000 if transporting children, $300,000 if not) must be submitted within 30 days of contract execution. In addition, Professional Liability Insurance (min. $250,000 with amount to be determined by The Children's Trust) and Proof of Property Coverage (for capital equipment owned by The Children's Trust) should be included, if applicable, • Annual Financial Statement Audit: Within 180 days after the close of a provider's fiscal year, all funded providers are required to provide the most recent annual financial statement audit, performed by a Certified Public Accounting (CPA) firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation; in addition, the most recent annual financial statement audit must be prepared in accordance with generally accepted accounting principles (GAAP) and standards contained in Government Auditing Standards issued by the Comptroller General of the United States; • Written communication encompassing the requirements of Government Auditing Standards and AU-C 265, which 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," • Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance;" • 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; s A Management Letter; if no Management Letter is prepared by a provider's CPA firm, then the CPA firm must expressly confirm, in writing, that no Management Letter was issued; and • All providers, regardless of funding amount, are required to submit a program specific audit related to the expenditures of The Children's Trust contract (s). Check box to acknowledge agreement with listed Yes requirements:* https;//funding,thechildrenstrust,net/getA.pplicationPrintPreview.do?documentPl<=141590... 12/23/2014