HomeMy WebLinkAboutBack-Up DocumentsSUBGRANT AGREEMENT
This Subgrant Agreement ("Agreement") is made and entered into as of this day of
, 2024, by and between the City of Miami, a municipal corporation of the State of
Florida ("City"), and Florida Introduces Physical Activity and Nutrition to Youth, Inc., a Florida non-profit
corporation with its principal address at 2860 W State Road 84, Suite 103, Dania Beach, Florida 33312
("FLIPANY").
RECITALS
WHEREAS, The Children's Trust has awarded a grant to FLIPANY for the purpose of implementing
after -school and summer camp programs ("Grant"); and
WHEREAS, FLIPANY and the City of Miami desire to enter this Agreement to collaboratively
implement a summer camp program at Morningside Park funded by the Grant; and
WHEREAS, FLIPANY wishes to support the summer camp program utilizing Grant funds;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the parties agree as follows:
1. Grant of Funds
1.1 FLIPANY agrees to provide the City with a subgrant in the amount of Forty Nine Thousand Nine
Hundred Ninety Nine and 00/100 Dollars ($49,999) ("Subgrant"), subject to the terms and
conditions set forth in this Agreement and the Grant Agreement between FLIPANY and The
Children's Trust ("Grant Agreement").
1.2 The funds provided under this Subgrant shall be used exclusively for the implementation of the
summer camp program at Morningside Park in accordance with the Scope of Work outlined in
Exhibit A attached hereto and incorporated herein by this reference.
2. Term
2.1 This Agreement shall commence on May 1, 2024, and shall continue until August 2, 2024,
unless terminated earlier in accordance with the terms of this Agreement.
3. Responsibilities of the City
3.1 The City shall provide access to Morningside Park and ensure that the facilities are adequate for
the implementation of the summer camp program.
3.2 The City shall collaborate with FLIPANY to understand and comply with The Children's Trust
contract requirements and adjust programming as necessary.
3.3 The City shall support FLIPANY in implementing a summer camp in a manner deemed satisfactory
to the Children's Trust.
3.4 The City shall support FLIPANY in documenting the delivery of services, performance measures,
and reporting accurate data regarding camper enrollment and programming information.
4. Responsibilities of FLIPANY
4.1 FLIPANY shall provide training to City staff on Grant Agreement requirements relevant to the
summer camp program.
4.2 FLIPANY shall directly cover the expenses for any items or personnel using the Subgrant funds.
4.3 FLIPANY shall work with the City to assign expenses to fulfill the grant deliverables and support
the capacity of the City to implement structured program activities.
4.4 FLIPANY shall ensure compliance with the Grant Agreement requirements and shall bear sole
responsibility for any non-compliance issues.
4.5 FLIPANY shall submit the reimbursement requests to The Children's Trust and complete SAMIS
entries.
5. Financial Management
5.1 The City shall maintain accurate and complete financial records relating to the use of Subgrant
funds and shall provide FLIPANY with detailed reports and documentation of expenditures as
requested. FLIPANY shall be solely responsible for ascertaining whether the financial records
submitted by the City are in compliance with its Grant Agreement.
5.2 The City shall ensure that Subgrant funds are not used for any purpose other than those
specified in this Agreement.
6. Compliance and Reporting
6.1 The City shall comply with all applicable federal, state, and local laws and regulations, including
those relating to non-discrimination, child protection, and public records.
6.2 The City shall submit regular progress and financial reports to FLIPANY as outlined in Exhibit B,
attached hereto and incorporated herein by this reference.
7. Termination
7.1 Either party may terminate this Agreement for convenience by providing thirty (30) days written
notice to the other party.
7.2 FLIPANY may terminate this Agreement immediately upon written notice if the City fails to comply
with the terms of this Agreement or the requirements of The Children's Trust.
7.3 In the event of termination, the City shall be entitled to receive payment for all services rendered
and expenses incurred up to the effective date of termination.
8. Indemnification
8.1 FLIPANY acknowledges that the City relies on FLIPANY's training and guidance for compliance
with the Grant Agreement and agrees to indemnify, defend, hold the City of Miami, its officers,
employees, and volunteers harmless from and against any and all liability, loss, expenses, including
reasonable attorney's fees, or claims in connection with alleged non-compliance with the Grant
Agreement arising from actions taken based on FLIPANY's instructions.
9. Insurance
9.1 FLIPANY, at its sole cost and expense, shall keep in force and maintain at all times during this
Agreement, General Liability Insurance on a Comprehensive General Liability Form or an
equivalent policy form in the amount of coverage deemed acceptable by the City of Miami Risk
Management Administrator for bodily injury and property damage liability as shown on Exhibit C,
attached hereto and incoporated herein by this reference.
9.2 The City shall be named "Additional Insured" on all policies. Any questions regarding Insurance
should be directed to the Insurance Administrator, Risk Management Division, 444 SW 2nd Avenue
9th Floor, Miami, Florida 33130, (305) 416-1604. FLIPANY shall furnish all insurance certificates
required by the City of Miami Insurance Administrator, no later than ten (10) days prior to the
commencement of the summer camp. FLIPANY agrees to provide upon request copies of any and
all insurance policies and corresponding endorsements in connection with this Agreement within
five (5) business days from the City's request. Failure to provide such certificate of insurance by
the time provided shall be grounds for termination of this Agreement.
10. Notices
10.1 Notices required under the Agreement shall be deemed to be given when hand -delivered (with
receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt
requested.
AS TO THE FLIPANY AS TO THE CITY:
Lynne E Kunins Art Noriega
CEO City Manager
2860 W State Road 84 444 SW 2nd Avenue, 10th Floor
Suite 103 Miami, FL 33130
Dania Beach, FL 33312 anoriega@miamigov.com
WITH A COPY TO:
George K. Wysong III
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
gwysong@miamigov.com
11. Independent Contractors
11.1 The parties expressly intend that as to this Agreement, the parties shall be independent
contractors, have no relationship other than the one created by this Agreement, and shall not
receive any benefits other than those expressly proved herein. Further, the parties expressly
intend that no agent, contractor, employee of one party shall be deemed an agent, contractor, or
employee of the other party.
12. Nondiscrimination
12.1 In the performance of this Agreement, FLIPANY and/or its authorized agents shall not
discriminate in connection with the enrollment of participants, or against any employee or
applicant for employment because of race, ancestry, national origin, color, sex, religion, age,
disability, familial status, marital status or sexual orientation. FLIPANY and/or its authorized agents
will ensure that its employees are fairly treated during employment without regard to their race,
national origin, ancestry, color, sex, religion, age, disability, familial status, marital status or sexual
orientation. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation.
13. Public Records
13.1 FLIPANY understands that the public shall have access, at all reasonable times, to City of Miami
contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by
the City and the public to all documents subject to disclosure under applicable law. IF FLIPANY
HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
FLIPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY
ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. FLIPANY MAY ALSO CONTACT THE
RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS
AGREEMENT.
14. Miscellaneous
14.1 This Agreement constitutes the entire agreement between the parties and may not be amended
or modified except in writing signed by both parties.
14.2 Any amendment to this Agreement shall only be valid when it has been reduced to writing and
duly approved and signed by both parties.
14.3 This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida without regard to its conflicts of law provisions. Any controversies or legal disputes arising
out of the terms of this Agreement and any action involving the enforcement or interpretation of
any rights hereunder shall, to the exclusion of all others, be submitted to the jurisdiction of the
state and federal courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida.
Each party shall pay its own attorney's fees.
14.4 This Agreement may be executed in counterparts, each of which shall be an original as against
either party whose signature appears thereon, but all of which taken together shall constitute but
one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement
shall have the same force and effect as an original. The parties shall be entitled to sign and
transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email
transmission), which signature shall be binding on the party whose name is contained therein.
Any party providing an electronic signature agrees to promptly execute and deliver to the other
parties an original signed Agreement upon request.Neither party shall use the name, logos, or
trademarks of the other in any form of medium or otherwise without the prior written approval
from an authorized representative of that party.
14.5 Either party shall be excused from any delay or failure in performance hereunder caused by
reason of any occurrence or contingency beyond its reasonable control, including, but not
limited to, acts of God, acts of war, fire, insurrection, labor disputed, riots earthquakes, or other
acts or nature. The obligations and rights so excused shall be extended on a day-to-day basis
for the time period equal to the period of such excusable interruption.
14.6 Waiver by either party of any breach of any provision of this Agreement or warranty or
representation herein set forth shall be in writing and not be construed as a waiver of any
subsequent breach of the same or any other provision. The failure to exercise any right hereunder
shall not operate as a waiver of such right. All rights and remedies provided for herein are
cumulative.
14.7 If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present
or future laws effective during the term hereof, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision
had never been a part of the Agreement, and the remaining provisions shall remain in full force
and effect unaffected by such severance, provided that the severed provision(s) are not material
to the overall purpose and operation of this Agreement.
14.8 Neither party shall assign their rights, duties, or obligations under this Agreement, either in
whole or in part, without the prior written consent of the other party.
14.9 Nothing herein is intended to act as a waiver of the City's sovereign immunity beyond the
limitations set forth in Section 768.28, Florida Statutes. Should any liability attach to the City of
Miami or the Little Haiti Revitalization Trust by virtue of this Agreement, such liability shall be
subject to the limitations set forth in Section 768.28, Florida Statutes and any other applicable law.
SIGNATURE PAGE FOLLOWS
Remainder of page intentionally blank
IN WITNESS WHEREOF, the parties hereto have executed this Subgrant Agreement as of the day and
year first above written.
FLORIDA INTRODUCES PHYSICAL ACTIVITY
AND NUTRITION TO YOUTH INC., A FLORIDA
NON-PROFIT CORPORATION
By:
Signature Date
Print Name
Title
THE CITY OF MIAMI, A MUNICIPAL
ATTEST: CORPORATION OF THE STATE OF FLORIDA
BY: BY:
Todd B. Hannon
City Clerk
Arthur Noriega
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE REQUIREMENTS:
CORRECTNESS:
BY: BY:
George K. Wysong III
City Attorney
Ann -Marie Sharpe
Director of Risk Management
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
REPORTING REQUIREMENTS
EXHIBIT C
INSURANCE REQUIREMENTS
EXHIBIT D
CITY RESOLUTION
EXHIBIT E
CORPORATE RESOLUTION
CONTRACT NO. 2414-4450
REVISION NO. 1
RESOLUTION NO.2023-38
The purpose of this contract modification is to remove Elizabeth Virrik Park and Robert Clemente Park and reallocate their
slots to a new site, Morningside Park, located at 750 NE 55th Terrace, Miami FL 33137. This change is effective for the start
of summer services on June 12th, 2024. This modification does not impact the program budget.
CONTRACT NO. 2414-4450
BETWEEN THE CHILDREN'S TRUST
AND FLORIDA INTRODUCES PHYSICAL ACTIVITY AND NUTRITION TO YOUTH INCORPORATED
FOR After -school Programs and Summer Camps
Agency's address:
Agency's federal identification number:
Vendor's identification number:
Effective term:
Contract amount shall not exceed:
Required match amount (if applicable):
Approved by resolution number:
Agency's authorized official for notices
Agency's custodian of public records (applicable if
Agency is subject to Chapter 119, Florida Statutes):
2860 West State Road 84 Suite 103 Suite 103
Dania Beach, FL 33312
87-0743538
FLOR1445
3/1/2024 through 8/31/2024
$270,000.00
$0.00
2023-38
THIS CONTRACT is between The Children's Trust, whose address is 3150 SW 3rd Avenue, 8th Floor, Miami, FL 33129,
and FLORIDA INTRODUCES PHYSICAL ACTIVITY AND NUTRITION TO YOUTH INCORPORATED, ("Provider,") whose address is
listed above.
In consideration of the mutual covenants herein, The Children's Trust and Provider (collectively referred to as
"Parties") agree as follows:
This Contract is subject to funding availability and Provider's performance.
A. TERMS OF RENEWAL, if applicable
At the sole discretion of The Children's Trust, this Contract may be renewed with Provider's authorization. Contract
renewals will be contingent upon The Children's Trust's Board of Directors' ("board") approval and in accordance with
applicable solicitation documents for services provided. Such renewal may not exceed five (5) one- year terms. In
determining whether to renew Provider's contract, The Children's Trust will consider factors that include, but are not
limited to the following:
1. Continued demonstrated and documented need for the services.
2. Provider's satisfactory program performance, fiscal performance, and compliance with the terms of the Contract,
as determined by The Children's Trust at its sole discretion.
3. Availability of funds.
B. SCOPE OF SERVICES
All Providers
1. Provider agrees to render services in accordance with Attachment A: Scope of Services (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. Provider agrees to document the delivery of services and performance measures, as well as report accurate data
and programming information, will be used in the evaluation of Provider's overall performance.
3. Provider agrees that all funding for direct community services provided pursuant to this Contract will be used
exclusively for services in and for the benefit of Miami -Dade County residents. Direct community services consist
of programs or services offered to children and families in Miami -Dade County.
School -Based Health Providers only
In addition to the three requirements above, the school -based health providers must abide by the following:
4. Services under this Contract shall be available to all students, upon referral, at the designated school sites
regardless of the student's financial status or social/economic background. Provider is responsible for the clinical
supervision of all direct staff.
5. Provider is solely responsible for securing compliance with any applicable state and federally mandated
requirements for consents for health services, including medical treatment, and compliance with notification of
privacy practices. Provider shall secure parental consent for health services. All consent for treatment shall
specifically state that all treatment is being rendered by Provider and not by The Children's Trust.
6. Provider shall comply with, and is solely responsible for compliance with, all applicable state and federal laws and
regulations for health care related services, including, but not limited to Health Insurance Portability and
Accountability Act of 1996 (HIPAA), as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and
164, as may be amended), and Miami -Dade County Public Schools' (M-DCPS) policies and regulations relating to
the confidentiality of student records and information. Provider shall provide the parents, or the student who is
beyond the age of eighteen (18), the right of access to medical records, as specified in section 228.093, Florida
Statutes, and Rule 6A-1.0955, Florida Administrative Code, as may be amended.
7. Provider shall ensure its direct staff assigned to the schools have all appropriate credentials and/or licenses. Upon
request from the Florida Department of Health, Provider shall provide evidence of appropriate credentials and/or
licenses of all direct staff assigned to the schools.
8. Provider is solely responsible for and may apply for Medicaid reimbursement, third party billing or any other type of
reimbursement available to patients.
C. TOTAL FUNDING
The maximum amount payable for Services rendered under this Contract shall not exceed the amount stated above and is
subject to the ability of funds and performance under this Agreement. Provider agrees that the amount payable under this
Contract may be reduced at the sole option of The Children's Trust and with a proportional reduction in services, as
applicable. Provider agrees to adhere to Attachment B: Other Fiscal Requirements, Budget and Method of
Payment and Attachment B1: Payment Structure (if applicable), of this Contract.
D. 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 and, unless such claim is denied by The Children's Trust, may not also be claimed from any
other funding 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 or state or federal funding sources for the same purpose. A violation of this section is a material breach of
this Contract.
3. Capital Equipment
Capital equipment refers to an individual item with a value of $5,000.00 or greater that has a life expectancy of
more than one (1) year.
All capital equipment acquired by Provider valued at less than $10,000.00 and reimbursed by The Children's Trust
shall be capitalized by the Provider, and Provider shall retain all rights and possession of equipment unless this
Contract is subject to termination or early cancellation.
Should this Contract be terminated or not renewed, The Children's Trust may, at its sole discretion, acquire rights
and possession of all reimbursed equipment, including capital equipment that is not fully depreciated.
All capital equipment acquired by Provider valued at equal to or greater than $10,000.00 and reimbursed by The
Children's Trust shall be capitalized by The Children's Trust, and The Children's Trust shall retain all rights to that
equipment until the item is fully depreciated. Should this Contract be subject to termination or early cancellation,
The Children's Trust, at its sole discretion, may acquire possession of all reimbursed equipment that is not fully
depreciated.
Any or all such qualifying capital equipment shall be returned to The Children's Trust or its designee(s) upon
request. Provider is to maintain proof of insurance coverage in accordance with the insurance requirements
prescribed in Section K: Insurance Requirements of this Contract.
4. Assignments and Subcontracts
Provider shall not assign this Contract, in whole or in part, to another party. Provider shall not subcontract any
Services under this Contract without prior written approval of The Children's Trust and any change in subcontractors
must also receive prior written approval.
For Contracts involving direct community services, Provider and subcontractor must be qualified to conduct
business in the state of Florida at the time that a subcontractor agreement is executed. The Children's Trust may, at
its sole discretion and at any time, withdraw its approval of any subcontractor.
Provider shall incorporate 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 within 30 (thirty) calendar days of its execution. Subcontractors are only
entitled to reimbursement for services rendered upon receipt of executed subcontracts that comply with these
terms. All subcontractors are subject to monitoring by The Children's Trust, in the same manner as the Provider is
subject to monitoring by The Children's Trust 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 the Contract, Services, the program and/or fiscal issues. Provider waives any and all claims,
demands, and/or legal action against The Children's Trust that arise from or are based upon any such
communications.
Notwithstanding any subcontracts, Provider shall be solely responsible for all Services performed and all expenses
incurred under this Contract, including Services provided and expenses incurred by any and all subcontractors.
Provider, not The Children's Trust, shall be solely liable to any subcontractor and for all expenses or liabilities incurred
under any subcontract.
All payments to any subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust shall
not pay any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the
Provider. In such instances, 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.
5. Religious Purposes
Provider and/or its faith -based community partner 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 local governments or federal, or state or legislators. Any such use by Provider shall be a material
breach of this Contract.
7. Adverse Action or Proceeding
Provider shall not use any funds awarded by The Children's Trust, under this Contract or otherwise for legal fees, or
any legal or other such actions, including, but not limited to, active investigations that Provider is a party or witness.
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, 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 and
any such renewals thereof.
Provider further agrees to maintain a current listing of its agency, program(s) and site(s) in the HELP Pages resource
directory available online and used by 211, Miami -Dade County's health and human services information and referral
helpline, managed by Jewish Community Services of South Florida, Inc.
E. INDEMNIFICATION BY PROVIDER
1. Government Entity (or other entity entitled to coverage by section 768.28, Florida Statutes)
If section 768.28, Florida Statutes, is applicable to a cause of action filed against Provider, Provider's duty to
indemnify and hold harmless The Children's Trust is subject to the sovereign immunity limitations and claims bill
requirement contained in section 768.28, Florida Statutes. In any other causes of actions filed against
Provider, Provider shall indemnify, defend, and hold harmless The Children's Trust and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's 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. Additionally, 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, and at the discretion of the Children's Trust,
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 and agents.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
2. All Other Providers
Provider shall indemnify, defend, and hold harmless The Children's Trust and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including reasonable attorney 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 Provider's employees, agents, servants, partners, principals or
subcontractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions.
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, and at the discretion of The
Children's Trust, including appellate proceedings, and shall pay all costs, judgments and reasonable attorneys' fees
which may issue thereon.
The United States Health Resources and Services Administration, in accordance with the Federally Supported Health
Centers Assistance Act, as amended, and Sections 224(g)-(n) of the Public Health Service Act, 42 U.S.C. § 233(g)-
(n), deems qualified Federally Qualified Health Centers to be federal employees for medical negligence liability claims
and provides liability protection under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2672.
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 and agents.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
F. INTELLECTUAL PROPERTY AND RIGHT TO DEVELOPED MATERIALS
When funding from this Contract is used to produce original or non -minor alterations and/or enhancements to
software designs or methods or techniques, writing, data, sound recordings, pictorial reproductions, drawings or
other graphic representations and works of similar nature (hereinafter "developed materials"), legal title and every
right, interest, claim or demand of any kind in and to any copyright, trademark or patent, or application for the
same, in such developed materials will vest in Provider. Notwithstanding the foregoing, Provider agrees to grant The
Children's Trust a worldwide, perpetual, royalty -free and non-exclusive license for The Children's Trust to use,
duplicate and/or disclose such developed materials, in whole or in part, to others acting on behalf of The Children's
Trust, and other providers funded by The Children's Trust, provided that such use, duplication, or disclosure does not
compromise the validity of any developed materials or any copyright, trademark or patent rights thereto. Such
license shall not extend to scientific publications. In the event of a dispute, both parties agree to participate in
meditation to resolve the matter.
G. INTELLECTUAL PROPERTY LICENSING FEES AND COSTS
If Provider incorporates Intellectual Property or third party software, to provide Services required under this Contract,
Provider is solely responsible for payment of required licensing fees and costs. Such licensing should be in the exclusive
name of Provider.
H. PUBLIC RECORDS
For purposes of this section, the term "public records" shall mean all documents, papers, letters, electronic
communications, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics or means of transmission, made or
received, pursuant to law or ordinance or in connection with the transaction of official business by The Children's
Trust, including this Contract and the Services provided thereunder.
Pursuant to section 119.0701, Florida Statutes, if the Provider meets the definition of "Contractor" as defined in
section 119.0701(1)(a), the Provider shall:
1. Keep and maintain public records required by The Children's Trust to perform the Services under this
Contract.
2. Upon request from The Children's Trust's custodian of public records, provide The Children's Trust with a
copy of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by
law.
3. Ensure that public records that are exempt and/or confidential from public records disclosure requirements
are not disclosed except as authorized by law for the duration of the Contract term and following completion
of the Contract if the Provider does not transfer the records to The Children's Trust.
4. Upon completion of the Contract, transfer, at no cost, to The Children's Trust all public records in possession
of Provider or keep and maintain public records required by The Children's Trust to perform the service. If
Provider transfers all public records to The Children's Trust upon completion of the Contract, Provider shall
destroy any duplicate public records that are exempt and/or confidential from public records disclosure
requirements. If Provider keeps and maintains public records upon completion of the Contract, Provider shall
meet all applicable requirements for retaining public records. All records stored electronically must be
provided to The Children's Trust, upon request from The Children's Trust's custodian of public records, in a
format that is compatible with The Children's Trust's information technology systems.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 305.571.5700, RECORDSCUSTODIAN@THECHILDRENSTRUST.ORG, 3150 SW 3RD AVENUE, 8TH
FLOOR, MIAMI, FLORIDA, 33129.
In the event Provider does not comply with the public records requirements set forth in chapter 119, Florida Statutes, and
of this Contract, The Children's Trust may avail itself of the remedies set forth in Sections I: Breach of Contract and
Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public
records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida
Statutes. In the event the Provider fails to meet any of these provisions or fails to comply with Florida's Public Records laws,
the Provider shall be responsible for indemnifying The Children's Trust in any resulting litigation, including all final appeals,
and the Provider shall defend its claim that any public record is confidential, trade secret, or otherwise exempt from
inspection and copying under Florida's Public Records laws.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by Provider shall have occurred under this Contract as specified in other sections of this Contract,
and also if Provider, through action or omission, causes any of the following:
A. Fails to comply with Background Screening, as required under this Contract or applicable law.
B. Fails to provide the Services outlined in the Scope of Services, Attachment A, within the effective term of
this Contract and to the satisfaction of The Children's Trust.
C. Fails to correct an imminent safety concern or take acceptable corrective action, as determined by The
Children's Trust.
D. Improperly uses The Children's Trust's funds allocated under this Contract as defined in Attachment B:
Other Fiscal Requirements, Budget and Method of Payment, Attachment B or B1: Payment Structure (if
applicable), and/or Attachment A: Scope of Services.
E. Fails to maintain valid and current site licensure as required by the Florida Department of Children and
Families for Youth Development K 5 after -school programs.
F. Fails to furnish or maintain the certificates of insurance required by this Contract or as determined by The
Children's Trust.
G. Fails to meet or satisfy the conditions of award required by this Contract.
H. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support Services & Activities
Management System (SAMIS) 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, including, but not limited to, budgets, invoices and amendments in SAMIS or any other
format prescribed by The Children's Trust.
I. Fails to submit, or submits incomplete or incorrect, required reports pursuant to the Scope of Services,
Attachment A, of this Contract.
J. 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.
K. Fails to comply with child abuse and incident reporting requirements.
L. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material
misstatement.
M. Fails to correct deficiencies found during a site visit/observation, evaluation or review within a specified
reasonable time.
N. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or
any of its agencies.
O. Fails to maintain the confidentiality of client files, pursuant to state and federal laws.
P. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants and stipulations in this
Contract.
Q. Fails to submit an Annual Financial Statement Audit and a Program -Specific Audit, as applicable, in
accordance with Section 0: Records, Reports, Audits and Monitoring and Attachment D: Program -
Specific Audit Requirements of this Contract.
R. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program -
Specific Audit within thirty (30) calendar days after Provider's fiscal year end.
S. Fails to notify The Children's Trust within thirty (30) calendar days of nonpayment of payroll or other
required taxes imposed by the federal government, state of Florida, Miami -Dade County or other authorized
taxing entity.
T. Fails to comply with Section T: Regulatory Compliance, #9: Mandatory Disclosure.
The Children's Trust's decision not to enforce a breach of any of the provisions of this Contract does not entail waiver
of such breach unless expressly provided in writing by The Children's Trust. Additionally, waiver 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
In the event of breach, The Children's Trust will provide written notice to Provider and specify the time period, if any,
within which Provider must cure the breach. If Provider fails to cure the breach within the time frame provided in
the 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, issue a written Performance Improvement Plan (PIP) for
Provider to cure any breach of this Contract, as may be permissible under state or federal law. Any such
remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other
provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction.
b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written
notice of suspension to Provider and specifying its effective date, at least five (5) business days before said
date. On the effective date of suspension, Provider may, at risk of nonpayment from The Children's Trust,
continue to perform the Services in this Contract but Provider shall promptly cease using The Children's
Trust 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 at the sole discretion of The Children's Trust,
verified requests for payment for Services that were performed and/or for deliverables that were
substantially completed prior to the effective date of such suspension shall be rendered. The Children's
Trust may also suspend any payments in whole or in part under any other Contracts entered into between
The Children's Trust and Provider by providing separate written notice to Provider of each such suspension
and specifying the effective date of suspension, which must be at least five (5) business days before the
effective date of such suspension. In this 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. The provider shall, subject to and to the extent permitted by
law, be responsible for all direct and indirect costs associated with such suspension, including reasonable
attorney fees.
c. In the event the Children's Trust determines that Provider engaged in fraud, misrepresentation, or material
misstatement, and that it is in the best interest of The Children's Trust to terminate this Contract, The
Children's Trust may do so by giving written notice to Provider of such termination and specifying the
effective date thereof at least twenty-four (24) hours before the effective date of termination. In other
instances of breach, 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 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 and
reports prepared and secured by Provider with The Children's Trust funds under this Contract, subject to the
rights of Provider as provided in Sections F: Intellectual Property and Rights to Developed Materials
and G: Intellectual Property Licensing Fees and Costs; (b) seek reimbursement of any Children's Trust
funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of
The Children's 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 (5) business days before the
effective date of such termination, in which event The Children's Trust shall continue to review and pay
verifiable requests for payment as provided for in such other Contracts for services that were performed
and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust prior
to the effective date of such termination. Provider shall be responsible for all direct and indirect costs
associated with such termination, including reasonable attorney 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 fees, costs and any judgments entered by
a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorney fees
through conclusion of all appellate proceedings, and including any final settlement or judgment.
J. TERMINATION OF THE CONTRACT
Notwithstanding any other provision in this Contract, the Parties agree that this Contract may be terminated by either
party for convenience and without cause by providing 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
All Providers, (Except State Agencies or Subdivisions)
Upon execution of this Contract, or on the date commencing the effective term of this Contract, whichever is earlier,
Provider's insurance agent(s) shall submit the following, as may be applicable, to insurance@thechildrenstrust.org:
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.
Provider's failure to comply with this section 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) Workers' compensation insurance covering all employees, non -incorporated independent contractors or
consultants, and incorporated independent contractors or consultants that do not have workers' compensation
coverage. The employer's liability portion will be a minimum of$500,000.00/$500,000.00/$500,000.00.
2) Comprehensive general liability insurance, which shall include a rider or separate policy for sexual molestation
liability, in an amount not less than $500,000.00 combined single limit per occurrence and $1,000,000.00
aggregate in a policy year. The Children's Trust 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 its
employees and/or subcontractors and transportation companies transporting program participants. The
amount of coverage is $1,000,000.00 combined single limit per occurrence for bodily injury and property damage.
The Children's Trust must be designated and shown as an additional insured and the certificate holder with respect
to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive
for hired automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but
rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to
attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded
program must list The Children's Trust 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 its
employees and/or subcontractors not transporting program participants. The minimum amount of coverage is
$300,000.00 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must
be designated and shown as an 'Additional Insured as Its 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 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 must be
designated and shown as "Additional Insured as Its 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 Children's Trust, with coverage amounts
determined by The Children's Trust, but not less than $250,000.00 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. Professional liability insurance
is generally required when the Scope of Services uses professional services that require certification(s) or license(s).
7) If applicable, cyber security insurance with coverage amounts determined by The Children's Trust, but not less
than $1,000,000.00 for the duration of the Agreement and three years following its termination to respond to
privacy and network security liability claims including, but not limited to: 1) liability arising from theft,
dissemination, and/or use of The Children's Trust's confidential information, including, but not limited to, bank,
credit card account and personally identifiable information, such as name, address, social security numbers, etc.
regardless of how stored or transmitted; 2) network security liability arising from (i) the unauthorized access to, use
of, or tampering with computer systems, including hacker attacks or (ii) the inability of an authorized third party to
gain access to supplier systems and/or The Children's Trust data, including denial of service, unless caused by a
mechanical or electrical failure; 3) liability arising from the introduction of a computer virus into, or otherwise
causing damage to, a customer's or third person's computer, computer system, network, or similar computer
related property and the data, software, and programs thereon; 4) crisis management expenses (i.e., notification,
public relations, reputation damage, forensics, etc.) for a data breach.
8) Proof of property coverage is required for all capital equipment greater than or equal to $10,000.00, and 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.
9) All required coverages may be afforded via commercial insurance, self-insurance, a captive or some combination
thereof.
Certificate Holder
Certificate holder must read:
The Children's Trust
3150 SW 3rd Avenue, 8th Floor
Miami, FL 33129
Classification and Rating
If the coverage will be provided via commercial insurance, all required policies listed above shall be issued by
companies authorized to do business under the laws of the state of Florida, with the following qualifications:
1. 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.
2. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, 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) calendar days prior to the effective date of making any material changes
to the insurance coverage except for ten (10) calendar 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.
3. 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 must be approved, in
writing, by The Children's Trust prior to any such decrease, waiver or modification.
4. In the event that an insurance policy is canceled, lapses or expires during the effective period of this
Contract, The Children's Trust shall withhold all payments to Provider until a new certificate of insurance, as
required under this Contract, 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. Provider
shall submit the required certificate of insurance within thirty (30) calendar days of cancellation, lapse or
expiration. Failure to provide said certificate of insurance will be considered a material breach of the
Contract, which may result in The Children's Trust waiving payment or terminating the Contract.
5. 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's
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.
Insurance Requirements for state of Florida Agencies or Political Subdivisions
If the Provider is the State of Florida or an agency or political subdivision of the State as defined by section 768.28,
Florida Statutes, the Provider shall furnish The Children's Trust, upon request, written verification of liability
protection in accordance with section 768.28, Florida Statutes.
L. PROOF OF TAX STATUS
Provider is required to keep and have the following documentation readily available for review by The Children's Trust:
1. An Internal Revenue Service (IRS) tax status determination letter, if applicable.
2. The two (2) most recent IRS form 990 or applicable tax return filing within six (6) months of the end of Provider's
fiscal year or other appropriate filing period permitted by law.
3. IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to
submit form 941 within the timeframe established by IRS Publication 15, and if applicable, all 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
Any written notice(s) required by this Contract shall be sent via electronic mail or postal mail for each party appearing on
the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its president/CEO. Notices
to Provider shall be marked to the authorized official identified on page 1 of this Contract. Each party is responsible for
advising the other party, in writing, of any changes to responsible personnel for accepting notices under this Contract,
electronic address, 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, and DATA SECURITY
1. Accounting Records
Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). In addition to any
requirements for retaining records pursuant to Section H, Public Records, all such records will be retained by Provider for
not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with, 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 one hundred eighty (180) calendar days from the close of its fiscal year, Provider's independent certified public
accounting firm (CPA) must electronically submit to The Children's Trust all the following documents, 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.
b. An Annual Financial Statement Audit conducted in accordance with auditing standards generally accepted in the
United States of America, and the standards applicable to financial audits contained in Government Auditing
Standards.
c. Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control
Related Matters Identified in an Audit."
d. Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With
Those Charged With Governance."
e. A Single Audit conducted in accordance with OMB "Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards" or the Florida Single Audit Act, section 215.97, Florida Statutes, if
applicable.
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 two hundred seventy (270)calendar days after the close of Provider's
fiscal year.
If Provider is required to have a Single Audit, it agrees to have its 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 one hundred eighty (180) calendar days of the close of its fiscal year, Provider is required to provide a Program -
Specific Audit related to the Contract to The Children's Trust, 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's Contract(s) as specified in Attachment D:
Program -Specific Audit Requirements. The Provider's independent CPA firm may submit audit confirmation requests
electronically to audit.confirmations@thechildrenstrust.orc..
4. Audits Submission Method
The Provider's CPA firm must transmit Provider's annual financial statement audit and the required Program -Specific Audit
related to the Contract to The Children's Trust, within the timeframe specified above in Section 0, subsections 2 and 3, via
the online system identified by The Children's Trust, unless otherwise previously agreed upon, in writing, by The Children's
Trust and Provider.
5. 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) calendar 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 audit extension requests allow for the continuation of
payment until such time that the extension expires.
In the event that either the Annual Financial Statement Audit or the Program -Specific Audit is not received in a timely
manner and in accordance with the previously stated due dates and an audit extension has not been approved, The
Children's Trust shall withhold all payments to Provider until the documents are received and deemed by The Children's
Trust.
6. Engagement Letters
Audit engagement letters are due to The Children's Trust thirty (30) calendar days after the end of Provider's fiscal year.
Provider agrees to submit an audit engagement letter electronically to engagementletters@thechildrenstrust.orc. Failure to
submit an audit engagement letter may result in a breach of Contract, or other remedy, as deemed appropriate by The
Children's Trust.
7. 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
pre -qualified approved CPA firms, which are posted on The Children's Trust's website. Inclusion in Pre -Qualified Approved
Program -Specific Auditing Services requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment
B: Other Fiscal Requirements, Budget and Method of Payment.
8. Access to Records
Provider shall permit The Children's Trust access to all records, including subcontractor records, as per the Supporting
Documentation Requirements in Attachment B: Other Fiscal Requirements, Budget and Method of Payment,
which relate to this Contract at its place of business during regular business hours at a date and time mutually agreed
upon by Provider and The Children's Trust.
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.
9. Program Metrics
Provider agrees to permit The Children's Trust personnel or The Children's Trust contracted agents/consultants to perform
site visits, both scheduled and/or unscheduled site visits, reviews and evaluations of the program which is the subject of
this Contract, including any subcontracts under this Contract.
Provider shall permit The Children's Trust or contracted agents to conduct, participant interviews, participant assessment
surveys, fiscal/administrative review and other assessments deemed reasonably necessary at the sole discretion of The
Children's Trust. Program Metrics data can be accessed through Trust Central. Administrative or Fiscal findings will be
discussed with Provider and, in accordance with specifications provided by The Children's Trust, Provider will remedy all
deficiencies cited in the report as described in Section I: Breach of Contract and Remedies.
10. Participant Records
School -Based Health Providers only
School Health Programs are comprehensive services and shall be provided in accordance with section 381.0056, Florida
Statutes. Provider agrees and shall require all subcontractors to comply with all applicable state and federal privacy and
confidentiality laws, as relevant to the Services provided under this Contract.
All other Providers
Provider shall enter all information, required by Attachment A: Scope of Services and Attachment C: Data
Requirements and Program Metrics directly in Trust Central or any other electronic data reporting system required by
The Children's Trust. Provider agrees and shall require all subcontractors to comply with all applicable state and federal laws
on privacy and confidentiality.
All Providers
Safeguards of Electronic Protected Health Information (ePHI)
The Children's Trust and Provider agree to use appropriate safeguards to prevent use or disclosure of protected health
information (PHI), covered under (HIPAA) that is produced, saved, transferred or received in an electronic form. The Parties
shall maintain a comprehensive written information security program that includes administrative, technical, and physical
safeguards appropriate to the size and complexity of their respective operations. Provider maintains that it will use
appropriate safeguards to protect the confidentiality, integrity, and availability of the PHI and ePHI that are created,
received, maintained, or transmitted.
11. Internal Documentation/Records Retention
Provider agrees to maintain and, upon request of The Children's Trust, provide for inspection by The Children's Trust during
regular business hours the following, as may be applicable and subject to applicable confidentiality requirements: (1)
personnel files of employees, which include hiring records, background screening affidavits, job descriptions, verification of
education and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff
time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of
Services pursuant to this Contract; (4) training modules; (5) pre- and post -session questionnaires; (6) all participant
attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9)
such other information related to Services provision as described in Attachment A: Scope of Services and as required
by this Contract. In addition to any requirements for retaining records pursuant to Section H, Public Records, Provider shall
retain all records for not less than five (5) years beyond the last date that all applicable terms of this Contract have been
complied with and final payment has been received, and appropriate audits have been submitted to and accepted by The
Children's Trust and/or other appropriate agency.
12. Confidentiality
Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may
have access to certain information or records of the other party that are specifically designated as "confidential" or
"exempt" from Florida's Public Records laws, pursuant to state or federal laws or regulations, such as social security
numbers, financial account numbers, credit card numbers, or biometric identification information. The Parties shall protect
such confidential and/or exempt information and comply with applicable federal and state laws on confidentiality, and
engage in measures to prevent unauthorized use, dissemination, or publication of this confidential information regardless
of the source of such information. Any confidential information must be clearly marked as such.
13. Data Security Obligation
A. Standard of Care
1. Provider acknowledges and agrees that, in the course of its Contract with The Children's Trust, Provider
may, directly or indirectly, receive or have access to Personal Identifiable Information (PII).
PII is defined as an individual's (i) government -issued identification number (including, without limitation,
social security number, driver's license number or state -issued identified number); (ii) financial account
number, credit card number, debit card number, credit report information, with or without any required
security code, access code, personal identification number or password, that would permit access to an
individual's financial account; or (iii) biometric or health data or any of the following.
1. An individual's first name or first initial and last name in combination with any one or more of the following
data elements for that individual:
2. A social security number;
3. A driver license or identification card number, passport number, military identification number, or other
similar number issued on a government document used to verify identity;
4. A financial account number or credit or debit card number, in combination with any required security
code, access code, or password that is necessary to permit access to an individual's financial account;
5. Any information regarding an individual's medical history, mental or physical condition, or medical
treatment or diagnosis by a health care professional; or
6. An individual's health insurance policy number or subscriber identification number and any unique
identifier used by a health insurer to identify the individual.
7. User name or e-mail address, in combination with a password or security question and answer that would
permit access to an online account.
Notwithstanding the foregoing, PII shall not include information (1) about an individual that has been made publicly
available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or modified by any other
method or technology that removes elements that personally identify an individual or that otherwise renders the
information unusable.
Provider shall comply with the terms and conditions set forth in this Contract in its collection, receipt, transmission,
storage, disposal, use and disclosure of such PII, and shall be responsible for the unauthorized collection, receipt,
transmission, access, storage, disposal, use and disclosure of PII under its control or in its possession. Furthermore, Provider
shall be responsible for the actions and omissions of its employees and subcontractors who are authorized to access PII for
obligations under this Contract (Authorized Persons) as if they were Provider's own actions and omission. Prior to being
given access to PII, Provider shall ensure that Authorized Persons are bound in writing by confidentiality obligations to
protect PII in accordance with the terms and conditions of this Contract.
2. All data collected on behalf of The Children's Trust is deemed to be property of The Children's Trust and is not
property of Provider.
3. In recognition of the foregoing, Provider agrees and covenants that it shall:
a. Keep and maintain all such PII strictly confidential.
b. Use and disclose PII solely and exclusively for the purposes for which the PII, or access to it, is
provided pursuant to the terms and conditions of this Contract, and shall not divulge,
communicate, use, sell, rent, transfer, distribute, or otherwise disclose or make available PII for
Provider's own purposes or for the benefit of anyone other than The Children's Trust, without The
Children's Trust's prior written consent, which may be withheld at The Children's Trust's sole and
absolute discretion.
c. Not, directly or indirectly, disclose PII to an Unauthorized Third Party, without express written
consent from The Children's Trust, which may be withheld at its sole and absolute discretion. An
Unauthorized Third Party is any person other than an Authorized Person. If any person or authority
makes a demand on Provider purporting to legally compel it to divulge any PII, Provider shall: (i)
immediately notify The Children's Trust of the demand before such disclosure so that The
Children's Trust may first assess whether to challenge the demand prior to Provider's divulging of
such PII; (ii) be responsible to The Children's Trust for the actions and omissions of such
Unauthorized Third Party concerning the treatment of such PII as if they were Provider's own
actions and omissions; and (iii) require the Unauthorized Third Party that has access to PII to
execute a written Contract agreeing to comply with the terms and conditions of this Contract
relating to the treatment of PII. Provider shall not divulge such PII until The Children's Trust either
has concluded not to challenge the demand, or has exhausted its challenge, including appeals, if
any.
B. Personal Identifiable Information Security
Provider shall protect and secure data in electronic form containing such PII.
At a minimum, Provider's safeguards for the protection of PII shall include:
1. Encrypting, securing or modifying such PII by any method or technology that removes elements that
personally identify an individual or that otherwise renders the information unusable.
2. Limiting access of PII to Authorized Persons.
3. Securing business facilities, data centers, paper files, servers, back-up systems and computing equipment,
including, but not limited to, all mobile devices and other equipment with information storage capability.
4. Implementing network, device application, database, and platform security.
5. Securing information transmission, storage, and disposal; and implementing authentication and access
controls within media, applications, operating systems and equipment.
6. Encrypting PII stored on any mobile media.
7. Encrypting PII transmitted over public or wireless networks.
8. Implementing appropriate personnel security and integrity procedures and practices, including, but not
limited to, conducting background checks consistent with applicable law, as required by The Children's
Trust from time to time.
9. Providing written copies of appropriate privacy and information security training to Provider's employees, as
required by and to The Children's Trust.
10. Purchasing and maintaining cyber insurance coverage, in accordance with Section K. 7.
11. Provider shall dispose, or arrange for the disposal, of customer records that contain PII within its custody or
control when the records are no longer required to be retained pursuant to Sections H and O. Such disposal
shall involve shredding, erasing or otherwise modifying PII in its control or possession to make it unreadable
or undecipherable.
12. During the term of each Authorized Person's employment by Provider, Provider shall at all times cause such
Authorized Persons to abide strictly by Provider's obligations under this Contract. Provider further agrees
that it shall maintain a disciplinary process to address any unauthorized access, use or disclosure of PII by
any of Provider's officers, directors, partners, principals, employees, agents or contractors. Upon The
Children's Trust's request, Provider shall promptly identify all Authorized Persons as of the date of such
request to The Children's Trust in writing.
13. Upon The Children's Trust's written request, Provider shall provide The Children's Trust with a network
diagram that outlines Provider's information technology network infrastructure and all equipment used in
relation to fulfilling its obligations under this Contract, including, without limitation: (i) connectivity to The
Children's Trust and all third Parties who may access Provider's network to the extent the network contains
PII; (ii) all network connections including remote access and wireless connectivity; (iii) all access control
devices, such as (solely by way of example) firewalls, packet filters, intrusion detection and access -list
routers; (iv) all back-up or redundant servers; and (v) permitted access through each network connection.
C. Security Breach Procedures
For purposes of this Contract, "Security Breach" is defined as unauthorized access of data in electronic form containing PII
or a breach or alleged breach of this Contract relating to such privacy practices. Good faith access of PII by an employee or
agent of the covered entity shall not constitute a breach of security under this Contract, so long as the information is not
used for a purpose unrelated to the business of The Children's Trust, or as a result of any other unauthorized use. In the
event of a Security Breach, Provider shall:
1. Notify The Children's Trust of a Security Breach immediately, but not later than forty-eight (48) hours, after
Provider becomes aware of it by emailing The Children's Trust with a read receipt at
datasecurity@thechildrenstrust.orc ; and with a copy of such email to Provider's program manager at The Children's
Trust. The notice shall include, at a minimum: (1) the date, estimated date, or estimated date range of the Security
Breach; and (2) a description of the PII that was accessed or reasonably believed to have been accessed as a part of
the Security Breach.
2. To the extent legally permissible, confer with The Children's Trust prior to informing any third party of any Security
Breach related to this Contract. Provider and The Children's Trust shall communicate regarding: (i) whether notice of
the Security Breach is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting
agencies or others as required by law regulation, or otherwise; and (ii) the contents of such notice, whether any
type of remediation may be offered to affected persons, and the nature and extent of any such remediation.
3. Take steps to immediately remedy any Security Breach and prevent any further Security Breach at Provider's
expense in accordance with applicable privacy rights, laws, regulations and standards, or as otherwise required by
The Children's Trust at its sole and absolute discretion.
Provider shall be solely responsible for all costs associated with a Security Breach and The Children's Trust may seek
to recover any costs it expends as a result of such breach from Provider.
P. AMENDMENTS
Any amendment to this Contract, shall only be valid when it has been reduced to writing, duly approved and signed by
both Parties.
Q. GOVERNING LAW AND 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, to the exclusion of all others, be
submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida.
R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS
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 from those agencies that already conduct business with either the Florida Department of Children and Families
(DCF), the Florida Department of Juvenile Justice (DJJ) or (M-DCPS).
In addition:
1. Provider shall complete Attachment E-1: Affidavit for Level 2 Background Screenings. 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.
2. Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3:
Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening &
Personnel File Requirements.
3. Provider shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2:
Child Care Attestation of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting
Requirements and Attachment E-4: Background Screening & Personnel File Requirements, in Provider's
personnel, volunteer, and subcontractor files.
4. Provider shall ensure that all employees, volunteers and/or subcontractors complete Level 2 background screening
no later than every five (5) years.
To ensure that none of its employees are identified on the Dru Sjodin National Sex Offender Public Website (NSOPW)
Provider is required to review said site annually, at minimum. If a Provider's employee is on the list, the employee must be
removed from The Children's Trust funded program immediately.
School -Based Health Providers only
All school staff members or sub -contracted agency personnel assigned to work at a site where they have access to children
(under 18 years of age) must satisfy Level 2 background screening requirements and comply with all necessary school
procedures prior to commencing services within M-DCPS or doing any work for The Children's Trust related to this
Contract. Pursuant to section 1012.32, Florida Statutes, non -instructional school district employees or contractual
personnel who are permitted access on school grounds when students are present, have direct contact with students or
have access to or control of school funds must meet Level 2 background screening requirements.
All of Provider's employees who work in a school must satisfy Level 2 background screening requirements as provided in
section 1012.32, Florida Statutes. All employees who work in a school must inform their employer within forty-eight (48)
hours if convicted of any disqualifying offenses included in M-DCPS's Employee Manual, while he or she is employed or
under Contract in that capacity.
If Provider employs a person, under this Contract or with The Children's Trust's funds, to work in a school who does not
satisfy Level 2 background screening requirements, the employee shall be immediately suspended from working in that
capacity. A clearance letter or an identification badge issued by M-DCPS will be accepted as proof that the employee
satisfactorily completed background screening. A copy of said clearance letter or identification badge must be on file for
each employee hired to work within the school setting.
All Other Providers
Subject to the provisions, limitations and exceptions of all relevant statutory provisions, including sections 1012.465 and
1012.468, Florida Statutes, 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 and comply with the requirements thereto prior to commencing work pursuant to this Contract. This
requirement applies to all volunteers who provide more than ten (10) hours of service in any given calendar year to
children, youth and their families. Occasional or transient repair or maintenance persons, vendor representatives,
contractors or subcontractors who have not completed a Level 2 background screening and appear on the site should be
escorted to their work areas and supervised for the entire time they are present on the site by a member of Provider's staff
who has satisfactorily completed a Level 2 background screening.
S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES
Provider shall comply with all relevant provisions of the Americans with Disabilities Act and other state, federal or local laws
that mandate the accessibility of programs, services and benefits for persons with disabilities. The Children's Trust also
requires Provider implement reasonable programmatic accommodations to include children with disabilities and their
families, whenever possible.
T. REGULATORY COMPLIANCE
1. Nondiscrimination and Civil Rights
Provider shall not discriminate against an employee, volunteer or client of Provider based on an individual's
protected class, which includes race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital
status, familial status, gender identity, gender expression, sexual orientation, source of income, or actual or
perceived status as a victim of domestic violence, dating violence or stalking.
Provider shall have standards, policies, and practices necessary to render services in a manner that respects the
worth of the individual and protects and preserves an individual's dignity.
Additionally, Provider agrees to abide by chapter 11A of the Code of Miami -Dade County, 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. section 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq., as
amended, which, among other things, prohibits discrimination in employment and public accommodations, and by
local governments on the basis 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. VERIFICATION OF EMPLOYMENT ELIGIBILITY (E-Verify)
By entering into this Contract, the Contractor and its Subcontractors are jointly and severally obligated to comply
with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." The
Contractor affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system
to verify the work authorization status of all new employees of the Contractor; (b) it has required all Subcontractors
to this Contract to register and use the E-Verify system to verify the work authorization status of all new employees
of the Subcontractor; (c) it has an affidavit from all Subcontractors to this Contract attesting that the
Subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain
copies of any such affidavits for duration of the Contract.
If The Children's Trust has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida
Statutes, then The Children's Trust shall terminate this contract in accordance with Section 448.095(5)(c), Florida
Statutes. In the event of such termination the Contractor agrees and acknowledges that it may not be awarded a
public contract for at least one (1) year from the date of such termination and that Contractor shall be liable for
any additional costs incurred by The Children's Trust because of such termination.
In addition, if The Children's Trust has a good faith belief that a Subcontractor has knowingly violated any
provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its
requirements under those statutes, then Contractor agrees that it shall terminate its contract with the
Subcontractor upon receipt of notice from The Children's Trust of such violation by Subcontractor in accordance
with Section 448.095(5)(c), Florida Statutes.
Any challenge to termination under this provision must be filed in the Circuit or County Court by The Children's
Trust, Contractor, or Subcontractor no later than twenty (20) calendar days after the date of contract termination.
Public and private employers must enroll in the E-Verify System (http://www.uscis.gov/e-verify) and retain the 1-9
Forms for inspection.
3. Public Entities Crime Act
Provider will not violate the Public Entities Crimes Act, section 287.133, Florida Statutes, which applies to a person
or affiliate who is a Provider, consultant or other direct service provider and who has been placed on the convicted
vendor list following a conviction for a public entity crime. Such person or affiliate may not: (a) submit a bid on a
Contract to provide any goods or services; (b) submit a bid for the construction or repair of a public building or
public work; (c) submit bids on leases of real property; (d) be awarded or perform work as a Provider supplier,
subcontractor or consultant; and (e) transact any business in excess of the threshold amount provided in section
287.017, Florida Statutes, for certain statutorily defined 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.
4. Conflict of Interest
Provider, including its subcontractors, represent that the execution of this Contract does not violate Miami -Dade
County's Conflict of Interest and Code of Ethics Ordinance or chapter 112, Part III, Florida Statutes, as amended,
which are incorporated by reference as if fully set forth herein. Provider agrees to abide by and be governed by
these conflict of interest provisions throughout the course of this Contract and in connection with its obligations
hereunder. (Refer to http://ethics.miam idade.gov/library/2016-publications-rqo/sec%20_2_11-
1 conflict of interest and code of ethics ordinancejanl6.pdf). In addition, Provider agrees to:
• Prohibit members of the Provider's board of directors from directly or indirectly receiving any funds paid by
The Children's Trust to the Provider under this Contract.
• Prohibit members of the Provider's board of directors from voting on matters relating to this Contract which
may result in the Provider's board member directly or indirectly receiving funds paid by the Provider under
this Contract.
• Prohibit members of the Provider's board of directors from voting on any matters relating to this Contract if
they are related to the person or entity seeking a benefit as 1) an officer, director, partner, of counsel,
consultant, employee, fiduciary, beneficiary, or 2) a stockholder, bondholder, debtor, or creditor.
• Prohibit employees of the Provider from directly or indirectly receiving any funds paid by The Children's
Trust to the Provider under this Contract, with the exception of the employee's salary and fringe benefits or
portion of the employee's salary and fringe benefits included in Attachment B.
• Maintain a written nepotism and conflict of interest policy that applies to hiring, providing services to
clients, and procuring supplies or equipment.
• Immediately disclose and justify in writing to The Children's Trust any business transactions between the
Provider on one side, and its board member(s) or its staff on the other side, as well as all related -party
transactions with shareholders, partners, officers, directors, or employees of any entity that is doing
business with the Provider that are funded, partially or entirely, under the Contract with The Children's
Trust, or are in any way related to The Children's Trust -funded program.
5. Compliance with Sarbanes-Oxley Act of 2002
Provider shall comply with applicable provisions of the Sarbanes-Oxley Act of 2002, including the following:
a. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation.
b. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases
of fraud or abuse.
6. Licensing
Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this
Contract any and all licenses, certifications, approvals, insurances, permits and accreditations required by the state
of Florida, Miami -Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must
be qualified and registered to do business in the state of Florida both prior to and during the Contract term with The
Children's Trust.
7. 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. Incident definitions can be found on the sample incident report form located on The Children's Trust
website.
Provider and its employees are mandated to 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 (800.962.2873), as required by chapters 39 and 415, Florida Statutes.
Provider shall notify the program manager of any incident as defined within three (3) calendar days after Provider is
informed of such incident. The notification must be in writing and include 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 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) calendar days of the
incident. Provider shall provide written notification to The Children's Trust, within seven (7) calendar days of any
legal action related to the incident.
8. 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
involved with service 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 submit written notification to The Children's Trust within seven (7) business days of
any legal action which is filed as a result of such an alleged incident.
9. Proof of Policies
Provider and subcontractor, as applicable, shall keep on file copies of their policies, including, but not limited to
those related to, confidentiality, incident reporting, sexual harassment, nondiscrimination, equal opportunity and/or
affirmative action, Americans with Disabilities Act, and drug -free workplace.
10. Mandatory Disclosure
Provider shall disclose to The Children's Trust all administrative proceedings, active investigations and legal actions
(collectively referred to as 'Actions") that it is a party to related to any program funded by The Children's Trust upon
becoming aware of any such Actions including, but not limited to, financial fraud, misuse of funds, child abuse, data
breach, or of confidentiality violations that may lead to potential civil or criminal liability. To the extent feasible, the
Provider shall notify its assigned program manager within twenty-one (21) days of the Provider becoming aware of
such Actions. Failure to comply with this requirement could be deemed a material breach of this Contract, as
determined at the sole discretion of The Children's Trust. Additionally, The Children's Trust, at its sole discretion, will
determine whether such Actions could have an adverse impact on the Provider's ability to deliver the contractual
services and whether to terminate this Contract.
U. CONSENT
Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in
the program for Services, and to share information with The Children's Trust for monitoring and evaluation purposes.
Additionally, prior to taking or using still photographs, digital photographs, motion pictures, television transmissions and/or
videotaped recordings of participants, Provider shall ask participants to sign a voluntary Authorization for PhotographNideo
form located on The Children's Trust's website. The form is produced in English, Spanish and Haitian Creole and shall be
made available to Provider. 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. 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: Data Requirements and Program Progress Metrics, 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 Attachments A: Scope of
Services and C: Data Requirements and Program Progress Metrics.
W. MARKETING & PUBLICITY
Provider shall publicize that it has been awarded funding by The Children's Trust. Good quality photos/videos increase the
chances that a news media outlet will promote the story. Said news release, and/or multi -media material, must be
submitted to The Children's Trust Communications Department for approval via online form prior to distribution or
publication. The online Children's Trust Communication Compliance Form as well as all current logos and media toolkits can
be found at www.thechildrenstrust.org/communications.
Provider shall prominently place The Children's Trust program sign decal on the main entry door or in a visible area of each
of its Trust -funded site locations (unless such placement of signage is specifically prohibited by Provider's lease). In the
event that The Children's Trust stops funding Provider program(s), the Provider must remove all signage and mentions of
The Children's Trust, including logo(s) within 30 days of the final payment made.
Provider shall ensure that the current The Children's Trust logo is displayed and used in all internal and external materials
related to the funded program. The current official The Children's Trust logo shall be displayed on the home page of the
Provider website (if Provider maintains a website) and linked to The Children's Trust website (www.thechildrenstrust.org)•
or, if Provider maintains another page on its website that displays the names and logos of its funding partners, Provider
shall include the current official The Children's Trust logo on that page and link it to The Children's Trust website
(www.thechildrenstrust.org). If the funded program is part of a larger entity, such as a university, the logo may be placed
on the web page dedicated to that program on the Provider's website. In addition, the Provider shall include the following
paragraph, along with the current logo, on the web page dedicated to the program funded by this Contract, or elsewhere
on its website (in English/Spanish or English/Haitian Creole or all three languages, depending upon population served):
English:
[Provider 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:
El [Provider Program Name] este financiado por The Children's Trust. The Children's Trust es una fuente de
financiacion, creada por los votantes en referendum para mejorar la vida de los ninos y las familias en Miami -Dade.
Kreyol:
Se Children's Trust ki finanse[Pwogram Sa-a]. Children's Trust se yon sous finansman elekte Miyami-Dade to kreye
nan yon referandom. Finansman sa a dedye you pwogram k'ap amelyore lavi ti moun ak fanmi yo.
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 "[Provider Program Name] is funded in part by The Children's Trust..." OR "El
[Provider Program Name] este financiado en parte por The Children's Trust..." OR "Se Children's Trust ki finance yon
pati nan[Pwogram Sa-a]..."
Provider agrees that all program services, activities and events funded by this Contract shall recognize The Children's Trust
as a funding source in any and all publicity, public relations and marketing efforts/materials created under its control on
behalf of the program.
Provider, when appropriate, shall promote with the families and community they serve other Trust funded initiatives that
include, but are not limited to, The Children's Trust Book Club and the Parent Club. Materials that may be utilized for
promotion can be found at www.thechildrenstrust.org/communications.
1. COMMUNICATION WITH MEDIA/NEWS OUTLETS
Provider shall request all media representatives to recognize The Children's Trust as a funding source when inquiring
with Provider about the program services, activities, and/or events funded by this Contract.
2. VIDEO
Provider agrees that any video it produces that depicts activities, services and events funded by this Contract shall
include a mention that such activity, service and/or event is funded by The Children's Trust, as well as inclusion of
The Children's Trust current logo within the video.
3. SOCIAL MEDIA
Providers that maintain social media accounts are encouraged to:
a. Post an update on its social media accounts (e.g., Facebook, Twitter, Instagram, etc.) announcing it
has been awarded a funding Contract by The Children's Trust and tag The Children's Trust's profile on
those social media networks. If The Trust does not have a profile on a particular social media network,
the post should link back to www.thechildrenstrust.or. .
b. State it is funded by The Children's Trust on all of its social media networks' 'About" sections.
c. Tag and/or mention The Children's Trust on all posts related to services, activities and events funded
by this Contract.
d. List The Children's Trust's fan page under "Liked by This Page" on its Facebook page (if Provider
maintains a Facebook page).
e. Follow The Children's Trust Facebook, Twitter, Instagram, Linkedln, YouTube and Pinterest accounts (if
Provider maintains an account on any of these social media platforms).
f. Please make sure to have a signed photo/video release form from the child/minor
parent(s)/guardian(s) in case you plan to share these on social media, videos or any other form of
marketing materials.
4. PRINTED/DIGITAL MATERIALS
a. Provider shall ensure that any and all printed materials it creates for program services, activities
and/or events funded by this Contract, including, but not limited to, newsletters, press releases,
brochures, fliers, advertisements, signs/banners, letters to program participants and/or their
parents/guardians, or any other materials released to the media or general public, shall state that
these program services, activities and/or events are funded by The Children's Trust and shall also
employ the use of the appropriate The Children's Trust logo.
b. Digital proofs of all printed/digital materials referenced herein must be submitted to The Children's
Trust Communications Department for approval via online form prior to distribution or publication.
The online The Children's Trust Communications Compliance Form as well as all current logos and
media toolkits can be found at www.thechildrenstrust.org/communications.
c. 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 Sections F: Intellectual
Property and Rights to Developed Materials and H: Intellectual Property Licensing Fees
and Costs.
5. TERMINATION OF CONTRACT
Upon termination of this Contract by either party or its expiration and nonrenewal, Provider shall remove all
references to The Children's Trust from its site(s), website, social media accounts, advertisements and promotional
materials, to coincide with the effective date of such termination or expiration.
X. MISCELLANEOUS
1. 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 neutral as the context requires.
2. NO THIRD PARTIES
There are no intended or unintended third party beneficiaries to this Contract.
Y. JOINT PREPARATION
The Parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was
necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation
of this Contract has been their joint effort. The language agreed to expresses the Parties' mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than
the other.
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
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
A: Scope of Services
B: Other Fiscal Requirements, Budget and Method of Payment
B-1: Payment Structure, if applicable
C: Data Requirements and Program Metrics
D: Program -Specific Audit Requirements
E-1: Affidavit for Level 2 Background Screenings, if applicable
E-2: Child Care Attestation of Good Moral Character, if applicable
E-3: Child Abuse & Neglect Reporting Requirements, if applicable
E-4: Background Screening & Personnel File Requirements, if applicable
F: Additional Insurance Requirements, if applicable
G: Other Matters, if applicable
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the
Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if
such remainder would then continue to conform to the terms and requirements of applicable law.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
FLORIDA INTRODUCES PHYSICAL ACTIVITY AND NUTRITION TO YOUTH
INCORPORATED
By: By:
(signature of Authorized Representative)
The Children's Trust
MIAMI-DADE COUNTY,
F LORIDA
Date: Date:
Provider Federal ID# 87-0743538
Provider Vendor ID# FLORI445
This Contract is not valid until signed by both Parties.
(signature)
James R. Haj
President and CEO
Attachment A - Scope of Services
After -school Programs and Summer Camps
PROGRAM OVERVIEW
AGENCY SIGNE'
Lynne Kunins
GRADE LEVEL
Elementary School (K-5 grade)^Middle School (6-8 grade)
CONTRACT TIMEFRAME
Summer
INITIATIVE
After -school Programs and Summer Camps
PROGRAM NAMF
Arts, Wellness and Academics (AWA) Summer Camp
AGENCY DESCRIPTIOi
Florida Introduces Physical Activity and Nutrition to Youth, Inc. (FLIPANY) is a 501c3 non-profit organization founded in
2005 to actively build health equity through comprehensive initiatives, including nutrition education, physical activity,
healthy meals, and overall wellness.
FLIPANY's summer camp, Arts, Wellness, and Academics (AWA), will serve 165 students in grades K-8 and will be held at
four community locations in collaboration with the City of Miami —specifically, at Roberto Clemente and E. Virrik Parks —and
in Florida City at the Youth Activity Center and The Center for Virtual Advancement. Over nine weeks, the summer camps
offer engaging activities, emphasizing physical health, nutrition education, family engagement, literacy, and social -
emotional learning. The program is facilitated by trained, dedicated instructors committed to effectively engaging
elementary and middle school students.
The Summer AWA program includes diverse activities and evidence -based interventions to promote youth development:
1. Physical Health and Nutrition: Initiatives such as Cooking Matters, Team Nutrition, Soccer for Success,
CATCH, swimming, biking classes, and provision of nutritious meals and snacks are incorporated.
2. Academic Success: One-on-one and small group literacy -building activities, DLI, and activities like Readers
Theatre, combining reading comprehension, vocabulary building, and mentorship through drama programming.
3. Arts Enrichment: Activities encompass painting, drawing, collaging, ceramics, technology -based design, dance,
and theater.
4. Social -Emotional Wellness (SEW), Team Building, and Leadership: Integrated into daily activities,
participants develop crucial skills in emotion management, responsible decision -making, relationship -building, and
empathy.
AWA aims for an enriching, accessible, affordable, and inclusive experience. The program is focused on improving
academic performance, reducing risky behaviors, preventing summer learning loss, and supporting working families.
PROGRAM ACTIVITIES
Activity
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Academic Success Support
Activity: Homework and academic support
Participant Expected in Activity:
All Youth
Activity Details
Activity Name: Literacy and Performance Mentorship Program
Homework and academic supports utilize evidence -based
strategies that provide targeted and intentional instructional
supports for children. Scheduled activity duration and format
for homework and academic support should accommodate the
needs and grade levels of children and youth served. Methods
and activities must be supportive and intentional, not simply
supervised independent work.
Frequency:
4 time(s) per week
Evidence Based Practice:
Population: Middle School (6-8 grade)
Timeframe: Summer
Activity Area: Basic Health and Wellness
Activity: Basic Health and Wellness - Family engagement &
connection
Participant Expected in Activity:
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
Instructors implement evidence -based programs and
strategies that promote ORF (K- 3), reading comprehension (4-
5), and vocabulary building across all levels. Using Readers
Theater performance books, youth are paired with age -
appropriate students in a mentor relationship. Students spend
time reading, memorizing, and performing short skits,
monologues, or commercials together.
Students have the opportunity to enhance public speaking
skills through the delivery of these skits to the larger camp
group. Students are asked to perform and record skits at
home and upload presentations as part of a family
engagement activity. Fluency activities include repeated
readings and performances. Repeated readings increase
fluency by allowing students to read the same text several
times. With timed readings, students monitor their
improvement in fluency.
The Reader's Theater Playbook curriculum is provided for
instructors as one option for sourcing reading, vocabulary,
memorization, speech, or monologue material. Students are
also asked, collectively, to consider areas of interest for
developing 'commercials' or 'news' that allow for reading,
memorizing, and presenting topics on identified fields of
interest.
Collaboratively, this enhanced activity includes improved
phonemic awareness, phonics, oral fluency, vocabulary,
comprehension, leadership, and confidence.
Related Activity Field Trip(s):
n/a
Activity Name: Family Engagement Activities
Family engagement activities extend meaningful interactions
between programs and families.?By creating a welcoming
environment, understanding families' needs, and implementing
effective strategies to engage families, youth development
programs can help bridge the gap between school and home
by assisting families as they navigate the educational system,
providing parents with information and tools to support their
child's academic and personal success, helping families learn
All Youth
Evidence Based Practice:
how to best support the learning and development of their
child, and understanding families' needs and refer them to
resources and services as appropriate.
Frequency:
1 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
Family engagement occurs weekly and is based on arts and
wellness with select enrichment activities.
1. We maintain an open-door policy. Parents have access
to the program office to request a supervised tour of
activities.
2. Staff are trained and coached to interact positively
with parents at drop-off and pick-up time.
3. The parent handbook includes the policies and
philosophies of the program: positive behavior
management, healthy foods, physical activity, team
building, experiential learning, academic support, and
creative expression.
4. Parents have the option of attending a session of 1 - 2
family cooking engagement activities with students.
Students bring home informative mini -posters and
recipes to prepare at home throughout the course.
5. Students and parents are presented with the
opportunity to demonstrate their healthy habits
(dance, cooking, other) at home and upload selected
events to contest events.
6. Students lead individual garden tours at the time of
pickup on select dates.
7. Weekly communications with parents on the upcoming
week's activities and expectations.
8. Parent Orientation (virtual or in -person) and End of
Summer Showcase. The End of Summer Showcase is
a culminating event for students to share their
summer experience with parents and the community,
highlighting enrichment activities.
9. Satisfaction surveys gather the parent's opinion of
their child's summer experience.
Related Activity Field Trip(s):
N/A
Population: Elementary School (K-5 grade) Activity Name: Family Engagement & Connection
Timeframe: Summer
Activity Area: Basic Health and Wellness
Activity: Basic Health and Wellness - Family engagement &
connection
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Family engagement activities extend meaningful interactions
between programs and families.?By creating a welcoming
environment, understanding families' needs, and implementing
effective strategies to engage families, youth development
programs can help bridge the gap between school and home
by assisting families as they navigate the educational system,
providing parents with information and tools to support their
child's academic and personal success, helping families learn
how to best support the learning and development of their
child, and understanding families' needs and refer them to
resources and services as appropriate.
Frequency:
1 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
Family engagement occurs weekly and is based on arts and
wellness with select enrichment activities.
1. We maintain an open-door policy. Parents have access
to the program office to request a supervised tour of
activities.
2. Staff are trained and coached to interact positively
with parents at drop-off and pick-up time.
3. The parent handbook includes the policies and
philosophies of the program: positive behavior
management, healthy foods, physical activity, team
building, experiential learning, academic support, and
creative expression.
4. Parents have the option of attending a session of 1 - 2
family cooking engagement activities with students.
Students bring home informative mini -posters and
recipes to prepare at home throughout the course.
5. Students and parents are presented with the
opportunity to demonstrate their healthy habits
(dance, cooking, other) at home and upload selected
events to contest events.
6. Students lead individual garden tours at the time of
pickup on select dates.
7. Weekly communications with parents on the upcoming
week's activities and expectations.
8. Parent Orientation (virtual or in -person) and End of
Summer Showcase. The End of Summer Showcase is
a culminating event for students to share their
summer experience with parents and the community,
highlighting enrichment activities.
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Academic Success Support
Activity: Differentiated Literacy Instruction (DLI)
Participant Expected in Activity:
Subset of Youth
Evidence Based Practice:
9. Satisfaction surveys gather the parent's opinion of
their child's summer experience.
Related Activity Field Trip(s):
n/a
Activity Name: Differentiated Literacy Instruction
Differentiated Learning Instruction (DLI) is delivered individually
or in small groups (no more than 5 students) by a qualified
and trained teacher with a background in reading instruction
for all identified struggling readers (i.e., frustrational range on
the appropriate literacy tool pretest), to improve reading
fluency, comprehension and vocabulary.
Frequency:
4 time(s) per week
Intensity:
30
Duration: 9 Number of weeks
Approach to Implementation:
1. A pre -assessment is being administered to identify
struggling readers during the first week of summer.
DLI activities are occurring while other students are
engaged in other scheduled activities. Students are
being escorted from extracurricular activities as
needed.
2. A certified teacher or academic support specialist
works with a group of 5 students or less for at least
30 minutes, 4x per week.
3. The certified teacher uses both one-on-one and small
group settings to help students with necessary
reading skills.
4. During the small group settings, DLI lesson plans that
are specific to each group are created by the certified
teacher indicating which reading skill (reading fluency,
vocabulary instruction, comprehension building) will
be taught during that group time.
5. Each counselor communicates with the certified
teacher weekly to understand and support each
child's literacy strengths and needs.
6. High -interest literacy materials are in the student's
environment throughout the day as well: in nutrition
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Enhanced Health and Wellness
Activity: Health and Wellness - Other
Participant Expected in Activity:
Subset of Youth
Evidence Based Practice:
education, through recipes and mini -posters, and
written social -emotional wellness materials.
7. A post -assessment is being completed during the last
week of summer to determine student progress.
Related Activity Field Trip(s):
n/a
Activity Name: Bike Safety Instruction
Frequency:
4 time(s) per week
Intensity:
60
Duration: 4 Number of weeks
Approach to Implementation:
FLIPANY engages youth in hands-on, experiential learning
activities that teach students about choosing a bicycle,
identifying and maintaining the safety of the basic parts of a
bike, essential equipment (with special attention to helmet
safety), as well as how to safely and comfortably ride bikes in
various road and traffic conditions, varied terrain.
Students learn the importance of remaining alert, keeping
eyes and head up, and watching for things like hidden
driveways, opening car doors, and other hazards. They learn
the importance of hand signals when turning and use extra
care at intersections.
Students also address topics such as patience, as it applies to
basic bike and vehicle safety, learning the risks associated
with texting or engaging in other distracting and dangerous
behaviors while operating a bike, and subsequently, a vehicle.
A subsection of the population includes Miami -Dade Parks and
Recreation locations (2) K - 5.
Related Activity Field Trip(s):
n/a
Population: Middle School (6-8 grade)
Timeframe: Summer
Activity Area: Sports
Activity: Sports - swimming/water sports
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Sports
Activity: Sports - swimming/water sports
Participant Expected in Activity:
Activity Name: Swim
Frequency:
2 time(s) per week
Intensity:
150
Duration: 9 Number of weeks
Approach to Implementation:
Swimming is a fun summer activity in which all campers can
participate despite varied ability. Miami -Dade and Florida City
camp youth engage in exercise and activities in an outdoor
pool in a healthy and fun environment. Structured and
unstructured water play fosters creativity and allows students
to develop comfort with water in a safe, supervised
environment that allows for individual exploration. Water play
helps youth gain confidence, social skills, and engage in fun,
outdoor activities.
Swimming, wading, and general outdoor pool activities provide
an excellent opportunity for youth to relax and explore water
safety while under the supervision of a lifeguard. Although
exercise in water is an excellent physical activity as it requires
more effort than the same exercise on land, the value for
youth lies namely in the appeal of unstructured yet supervised
wading or swimming. Children also develop social skills in this
environment and learn to share physical space. Wading and
swimming demonstrate a calming impact on youth, combined
with the ability to exert energy and enhance focus through
general physical activity.
Florida City participants engage in supervised water activities
at the pool.
Related Activity Field Trip(s):
Field trips to the swimming pool.
Activity Name: Swim / Swim Instruction
Frequency:
2 time(s) per week
Intensity:
All Youth
Evidence Based Practice:
150
Duration: 9 Number of weeks
Approach to Implementation:
Every Lesson Counts is a water safety campaign in Miami -
Dade County. The goal is to teach one million swim lessons
every year. The campaign brings together countywide
locations where you can take swim lessons. It also highlights
the importance that every child should learn to swim.
Levels 1-6 (ages 6-18) Children ages 6 to 18 in levels 1 to 3
learn fundamental skills such as water entry, water
adjustment, breath control, floating, and front and back crawl.
Children ages 6 to 18 in levels 4 to 6 improve swimming for
distance in the four basic strokes: freestyle, backstroke,
breaststroke, and butterfly.
Swimming is a fun summer activity in which all campers can
participate despite varied ability. Miami -Dade and Florida City
camp youth engage in exercise and activities in an outdoor
pool in a healthy and fun environment. Structured and
unstructured water play fosters creativity and allows students
to develop comfort with water in a safe, supervised
environment that allows for individual exploration. Water play
helps youth gain confidence, social skills, and engage in fun,
outdoor activities.
Swimming, wading, and general outdoor pool activities provide
an excellent opportunity for youth to relax and explore water
safety while under the supervision of a lifeguard. Although
exercise in water is excellent physical activity as it requires
more effort than the same exercise on land, the value for
youth lies namely in the appeal of unstructured yet supervised
wading or swimming. Children also develop social skills in this
environment and learn to share physical space. Wading and
swimming demonstrate a calming impact on youth, combined
with the ability to exert energy and enhance focus through
general physical activity.
City of Miami participants participate in Learn 2 Swim and
supervised water activities. Florida City participants engage in
supervised water activities.
Related Activity Field Trip(s):
Field trips to the swimming pool.
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Enhanced Health and Wellness
Activity: Enhanced Health and Wellness -Life skills & financial
literacy
Participant Expected in Activity:
Subset of Youth
Evidence Based Practice:
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Arts and Culture
Activity: Arts and Culture - Dance
Activity Name: Young Voices for the Planet
Frequency:
4 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
The mission of Young Voices for the Planet (YVFP) is a civic
engagement and democracy -based curriculum intended to
limit and mitigate the magnitude and impacts of climate
change by empowering youth. Through uplifting and inspiring
success stories, it aims to encourage youth to take an
essential role in informing themselves, their peers, and their
communities —becoming leaders and changing laws, changing
minds, and changing the world. Lessons are based on short
films, which are utilized to introduce the power of words and
the success of youth advocacy. Likewise, these films are
assessed for students engaging in FLIPANY's visual arts
program, as pieces of art and teaching tools for photography
and film -based projects. Students are also asked to journal on
both the content of the empowering stories and, similarly, the
inspiration created by the successful use of the visual art
medium, being film. Youth also engage in preliminary planning
stages of a project -based, self-selected, community advocacy
project, potentially focused on the inclusion of the FLIPANY
garden (or water resource use, nutrition security, or other
issues facing the community).
Subject area focus: Life skills, climate change, environmental
awareness, youth advocacy.
A subset of the population is City of Miami participants ONLY in
3rd - 5th grade.
Related Activity Field Trip(s):
N/A
Activity Name: Exploration of Dance
Frequency:
2 time(s) per week
Participant Expected in Activity:
Subset of Youth
Intensity:
60
Evidence Based Practice: Duration: 9 Number of weeks
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Enhanced Health and Wellness
Approach to Implementation:
Collaborative, student -made art is a powerful tool for personal
growth and development, for cross-cultural understanding, and
as a bridge to academic success. Literacy, Culture, and Art
focus on creative ways to engage middle school students in
literacy activities using art as a medium.
The counselors assess and understand the student's interests,
and then connect their interest to literacy resources to
reinforce reading and comprehension. For example, a
student's interest in a contemporary artist can lead to
engaging students in musical activities and the musical history
that influenced that style of music, comparing lyrics, and
incorporating storytelling and creative writing.
Literacy skills are approached from an applied project -based
perspective, specifically providing opportunities for students to
use art to practice reading and writing skills. Such as engaging
students in an art activity and then asking students to write
about their artmaking. Students use language to define the
visual work they have created, adding depth to their creativity
and learning to communicate about their work to others, while
demonstrating what they have learned.
Additionally, students are introduced to various study habit
techniques and explore time management and self -
management techniques.
Students with learning disabilities are paired with a higher -level
student. English Language Learners are paired with an English -
fluent student. Students with disabilities and English Language
Learners are provided with guided notes for discussion. They
are shown visual representations of the subject to activate
prior knowledge.
A subset of the population in Florida City 6th - 8th-grade
participants.
Related Activity Field Trip(s):
N/A
Activity Name: Cooking Classes
Frequency:
2 time(s) per week
Activity: Enhanced Health and Wellness - Physical health &
nutrition
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
FLIPANY introduces cooking classes and nutrition education
using Cooking Matters and/or Team Nutrition. Cooking Matters
for Kids is a direct education intervention designed to increase
cooking skills, culinary self -efficacy, openness to new foods,
family mealtime frequency/quality, and decrease sedentary
time in out -of -school settings, promoting healthy lifestyles for
elementary -aged youth.
Team Nutrition, a USDA initiative, supports child nutrition
programs with training, technical assistance, and
school/community support for healthy eating and physical
activity. Classroom materials integrate nutrition education into
various subjects, emphasizing the importance of eating from
all five food groups and promoting physical activity for
elementary and middle school -aged youth.
Both curricula consider culinary identity, reflecting culturally
tailored cooking courses to positively influence behavior and
self -efficacy. Classes are designed to be culturally,
economically, and geographically sensitive, with age -
appropriate activities.
FLIPANY cooking courses offer varied teaching techniques for
youth with special needs, promoting social skills,
independence, and kitchen safety. Children with disabilities
have accommodations, including adapted activities and
modified group sizes or tasks. Inclusion is considered in every
group.
Family engagement activities focus on cultural culinary
identity, incorporating cultural cooking from family members,
and acknowledging participants' heritage.
Target Behavior: Healthy Eating, Physical Activity, Reducing
Screen Time; Other: Family engagement/communication, and
goal -setting.
Related Activity Field Trip(s):
N/A
Population: Middle School (6-8 grade) Activity Name: Literacy, Culture, and Art
Timeframe: Summer
Activity Area: Academic Success Support
Activity: Academic Success Support - Other
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Frequency:
2 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
Collaborative, student -made art is a powerful tool for personal
growth and development, for cross-cultural understanding, and
as a bridge to academic success. Literacy, Culture, and Art
focus on creative ways to engage middle school students in
literacy activities using art as a medium. The counselors
assess and understand the students' interests, and then
connect their interests to literacy resources to reinforce
reading and comprehension. For example, a student's interest
in a contemporary artist can lead to engaging students in
musical activities and the musical history that influences that
style of music, comparing lyrics, and incorporating storytelling
and creative writing.
Literacy skills are approached from an applied project -based
perspective, specifically providing opportunities for students to
use art to practice reading and writing skills. Such as engaging
students in an art activity and then asking students to write
about their artmaking. Students use language to define the
visual work they have created, adding depth to their creativity
and learning to communicate about their work to others while
demonstrating what they have learned.
Additionally, students are introduced to various study habit
techniques and explore time management and self -
management techniques.
Students with learning disabilities are paired with a higher -level
student. English Language Learners are paired with an English -
fluent student. Students with disabilities and English Language
Learners are provided with guided notes for discussion. They
are shown visual representations of the subject to activate
prior knowledge.
A subset of the population in Florida City 6th - 8th-grade
participants.
Related Activity Field Trip(s):
n/a
Population: Middle School (6-8 grade) Activity Name: Cooking Class
Timeframe: Summer
Activity Area: Enhanced Health and Wellness
Activity: Enhanced Health and Wellness - Physical health &
nutrition
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Frequency:
2 time(s) per week
Intensity:
90
Duration: 9 Number of weeks
Approach to Implementation:
FLIPANY introduces cooking classes and nutrition education
using Cooking Matters and/or Team Nutrition. Cooking Matters
for Kids is a direct education intervention designed to increase
cooking skills, culinary self -efficacy, openness to new foods,
family mealtime frequency/quality, and decrease sedentary
time in out -of -school settings, promoting healthy lifestyles for
elementary -aged youth.
Team Nutrition, a USDA initiative, supports child nutrition
programs with training, technical assistance, and
school/community support for healthy eating and physical
activity. Classroom materials integrate nutrition education into
various subjects, emphasizing the importance of eating from
all five food groups and promoting physical activity for
elementary and middle school -aged youth.
Both curricula consider culinary identity, reflecting culturally
tailored cooking courses to positively influence behavior and
self -efficacy. Classes are designed to be culturally,
economically, and geographically sensitive, with age -
appropriate activities.
FLIPANY cooking courses offer varied teaching techniques for
youth with special needs, promoting social skills,
independence, and kitchen safety. Children with disabilities
have accommodations, including adapted activities and
modified group sizes or tasks. Inclusion is considered in every
group.
Family engagement activities focus on cultural culinary
identity, incorporating cultural cooking from family members,
and acknowledging participants' heritage.
Target Behavior: Healthy Eating, Physical Activity, Reducing
Screen Time; Other: Family engagement/communication, and
goal -setting.
Related Activity Field Trip(s):
n/a
Population: Elementary School (K-5 grade) Activity Name: Music Therapy SEL
Timeframe: Summer
Activity Area: Enhanced Health and Wellness Frequency:
4 time(s) per week
Activity: Enhanced Health and Wellness - Social & emotional
learning
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
75
Duration: 9 Number of weeks
Approach to Implementation:
Experience the therapeutic power of music and social -
emotional learning in our Music Therapy/SEL sessions,
including voice and dance exploration, styles of music for the
mind, meditation, rhythm activities, and an introduction to
various instruments. Engage in a holistic approach to self-
discovery and emotional well-being through the transformative
world of music.
Related Activity Field Trip(s):
n/a
Population: Middle School (6-8 grade) Activity Name: Music Therapy SEL
Timeframe: Summer
Activity Area: Enhanced Health and Wellness Frequency:
4 time(s) per week
Activity: Enhanced Health and Wellness - Social & emotional
learning
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
75
Duration: 9 Number of weeks
Approach to Implementation:
Experience the therapeutic power of music and social -
emotional learning in our Music Therapy/SEL sessions,
including voice and dance exploration, styles of music for the
mind, meditation, rhythm activities, and an introduction to
various instruments. Engage in a holistic approach to self-
discovery and emotional well-being through the transformative
world of music.
Related Activity Field Trip(s):
n/a
Population: Elementary School (K-5 grade) Activity Name: Physical Activity Soccer for Success
Timeframe: Summer
Activity Area: Sports Frequency:
2 time(s) per week
Activity: Enhanced Health and Wellness - Physical health &
nutrition
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
The Soccer for Success program is an evidence -based
curriculum introduced by the U.S. Soccer Foundation and
implemented by FLIPANY. The program works to promote
physical activity while strengthening positive peer and adult
relationships; promotes collaboration and leadership skills;
builds self-worth and confidence; and develops positive
attitudes towards school and the future. Interactions with well -
trained coaches play an integral role in supporting positive
youth development. Soccer for Success is an evidence -based
curriculum that includes positive coaching and positive youth
development. The activity incorporates regular physical
Population: Middle School (6-8 grade)
Timeframe: Summer
Activity Area: Sports
Activity: Sports - soccer
Participant Expected in Activity:
All Youth
Evidence Based Practice:
movement activities that use evidence -based strategies to
keep participants moving and engaged throughout the entire
activity to promote fitness. To keep students engaged, physical
activity is incorporated in a variety of ways throughout the
week, using the basic motor skills and concepts of soccer as a
base.
The program offers opportunities for young people who are
not able to play in intramural or school teams due to
scheduling, skill level, or age limits. FLIPANY's trained coach -
mentors provide 60-minute instruction two times per week to
groups of 15 youth and facilitate a third activity day (60
minutes) that is a scrimmage day. Our coach -mentors teach
fundamental and transferable motor skills geared toward
soccer, alongside extensive social -emotional wellness
concepts.
Many activities incorporate SEW and Nutrition Education
objectives into the activities. Soccer for Success coach -
mentors work with youth to build sports skills, fitness, setting
and achieving goals, and SEW. Children with disabilities have
accommodations such as adapted activities and modified field
sizes. Inclusion is taken into consideration in every group.Staff
is nationally trained to deliver the Soccer for Success
curriculum.
All students participate in 60 minutes of sustained moderate to
vigorous physical activity in a structured environment at least
5x per week.
Related Activity Field Trip(s):
N/A
Activity Name: Soccer for Success
Frequency:
2 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
The Soccer for Success program is an evidence -based
curriculum introduced by the U.S. Soccer Foundation and
implemented by FLIPANY. The program works to promote
physical activity while strengthening positive peer and adult
relationships; promotes collaboration and leadership skills;
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Arts and Culture
Activity: Arts and Culture - Visual Arts
Participant Expected in Activity:
Subset of Youth
Evidence Based Practice:
builds self-worth and confidence; and develops positive
attitudes towards school and the future. Interactions with well -
trained coaches play an integral role in supporting positive
youth development. Soccer for Success is an evidence -based
curriculum that includes positive coaching and positive youth
development. The activity incorporates regular physical
movement activities that use evidence -based strategies to
keep participants moving and engaged throughout the entire
activity to promote fitness. To keep students engaged, physical
activity is incorporated in a variety of ways throughout the
week, using the basic motor skills and concepts of soccer as a
base.
The program offers opportunities for young people who are
not able to play in intramural or school teams due to
scheduling, skill level, or age limits. FLIPANY's trained coach -
mentors provide 60-minute instruction two times per week to a
group of 20 youth and facilitate a third activity day (60
minutes) that is a scrimmage day. Our coach -mentors teach
fundamental and transferable motor skills geared toward
soccer, alongside extensive social -emotional wellness
concepts.
Many activities incorporate SEW and Nutrition Education
objectives into the activities. Soccer for Success coach -
mentors work with youth to build sports skills, fitness, setting
and achieving goals, and SEW. Children with disabilities have
accommodations such as adapted activities and modified field
sizes. Inclusion is taken into consideration in every group.
All students participate in 60 minutes of sustained moderate to
vigorous physical activity in a structured environment at least
5x per week.
Related Activity Field Trip(s):
N/A
Activity Name: Visual Arts Group
Frequency:
4 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
To encourage students to express their imagination and
develop confidence in their individual abilities, FLIPANY
includes visual arts enrichment activities. These activities
focus on two main areas: a) visual enrichment arts such as
painting, drawing, collaging, installation art, and technology -
based design that focus on family engagement activities; and
b) basic news/commercial/social media development that
allows students to highlight their own enrichment activities.
To engage students in visual enrichment arts that enhance
family engagement, students play an active role in developing
a) advertisements and signage for soccer
tournaments/scrimmages; b) signage and informational
materials for cooking enrichment activities; and c) stationary
signs that educate participants on a garden walking tour about
the items in the garden and the processes involved.
To engage youth in basic news/commercial/social media
development, students participate in self-selected jobs related
to basic film and production. This could include recording (with
FLIPANY tablets) basic dances and/or presentations (individual
or group) presented by campers; editing material into fun,
valuable, and positive short skits, learning ways to insert
music or features, and learning responsible mechanisms for
including individuals in social media (FLIPGrid) features or
spotlights.
Visual arts are facilitated once weekly, for 90 minutes.
Approximately half of this time (45 minutes) is dedicated to
preparing for the weekly family engagement activity, while the
other half is dedicated to student -selected visual arts that
allow for project -based learning on video -based topics as
explored above.
A subset of the population to receive activities is City of Miami
participants (K - 5)
Related Activity Field Trip(s):
Related off -site community field trips expose students to
different experiences and opportunities and foster friendships.
Field trips involve physical and/or hands-on activities and
experiential learning. FLIPANY utilizes field trips as unique
learning opportunities that children and youth enjoy and look
forward to. Students engage in a total of 9 field trips during
the summer. Activities could include the following: museums,
movies, historical sites, art/cultural events, plays, fitness
locations (i.e., bike camp, laser jump, field day).
The entire population of participants engages in 9 field trips.
Population: Middle School (6-8 grade)
Timeframe: Summer
Activity Area: Arts and Culture
Activity: Arts and Culture - Visual Arts
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Activity Name: Visual Arts and Crafting
Frequency:
4 time(s) per week
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
To encourage students to express their imagination and
develop confidence in their individual abilities, FLIPANY
includes visual arts enrichment activities. These activities
focus on two main areas: a) visual enrichment arts such as
painting, drawing, collaging, installation art, and technology -
based design that focus on family engagement activities; and
b) basic news/commercial/social media development that
allows students to highlight their own enrichment activities.
To engage students in visual enrichment arts that enhance
family engagement, students play an active role in developing
a) advertisements and signage for soccer
tournaments/scrimmages; b) signage and informational
materials for cooking enrichment activities; and c) stationary
signs that educate participants on a garden walking tour about
the items in the garden and the processes involved.
To engage youth in basic news/commercial/social media
development, students participate in self-selected jobs related
to basic film and production. This could include recording (with
FLIPANY tablets) basic dances and/or presentations (individual
or group) presented by campers; editing material into fun,
valuable, and positive short skits, learning ways to insert
music or features, and learning responsible mechanisms for
including individuals in social media (FLIPGrid) features or
spotlights.
Visual arts are facilitated once weekly, for 90 minutes.
Approximately half of this time (45 minutes) is dedicated to
preparing for the weekly family engagement activity, while the
other half is dedicated to student -selected visual arts that
allow for project -based learning on video -based topics as
explored above.
Related Activity Field Trip(s):
n/a
Population: Elementary School (K-5 grade)
Timeframe: Summer
Activity Area: Enhanced Health and Wellness
Activity: Enhanced Health and Wellness - Social & emotional
learning
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Activity Name: Social Emotional Wellness Garden Care
Enrichment
Frequency:
2 time(s) per week
Intensity:
75
Duration: 9 Number of weeks
Approach to Implementation:
FLIPANY utilizes outdoor exploration and wellness concepts
surrounding gardening, a connection with nature, and self -care
as a platform to introduce enhanced and applied social -
emotional wellness topics.
Experiential and project -based learning in the garden allows
for learning about environmental care, self -care, self-respect,
respect for others, nutrition, healthy eating habits, individual
preferences and differences, cultural considerations,
compassion, and empathy. Students also play an active role in
the basic setup of garden activities, allowing for ownership of
the garden and enhanced engagement and nurturing. FLIPANY
utilizes an evidence -based curriculum to introduce concepts
related to gardening; Florida Agriculture in the Classroom
(FAITC). The program includes extensive nutrition education
alongside the introduction to vertical gardening and raised bed
gardens, particularly those well -suited for a school or
community -based setting.
FAITC includes diverse hands-on lessons, correlated to
classroom standards and core subject areas. FLIPANY
handpicks lessons that are particularly relevant to the South
Florida climate, geography, and culture, and further those that
are well -suited for community or school garden learning.
FLIPANY utilizes components of the FAITC curriculum because
of its mission to expand youth awareness and understanding
of Florida agriculture and natural resources by integrating
agricultural concepts into core educational disciplines and
supporting programs.
A subset of participants includes Miami -Dade Parks and
Recreation locations.
Related Activity Field Trip(s):
N/A
Population: Middle School (6-8 grade) Activity Name: Gardening
Timeframe: Summer
Activity Area: Enhanced Health and Wellness Frequency:
2 time(s) per week
Activity: Enhanced Health and Wellness - Physical health &
nutrition
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
75
Duration: 9 Number of weeks
Approach to Implementation:
FLIPANY utilizes outdoor exploration and wellness concepts
surrounding gardening, a connection with nature, and self -care
as a platform to introduce enhanced and applied social -
emotional wellness topics.
Experiential and project -based learning in the garden allows
for learning about environmental care, self -care, self-respect,
respect for others, nutrition, healthy eating habits, individual
preferences and differences, cultural considerations,
compassion, and empathy. Students also play an active role in
the basic setup of garden activities, allowing for ownership of
the garden and enhanced engagement and nurturing. FLIPANY
utilizes an evidence -based curriculum to introduce concepts
related to gardening; Florida Agriculture in the Classroom
(FAITC). The program includes extensive nutrition education
alongside the introduction to vertical gardening and raised bed
gardens, particularly those well -suited for a school or
community -based setting.
FAITC includes diverse hands-on lessons, correlated to
classroom standards and core subject areas. FLIPANY
handpicks lessons that are particularly relevant to the South
Florida climate, geography, and culture, and further those that
are well -suited for community or school garden learning.
FLIPANY utilizes components of the FAITC curriculum because
of its mission to expand youth awareness and understanding
of Florida agriculture and natural resources by integrating
agricultural concepts into core educational disciplines and
supporting programs.
A subset of participants includes Miami -Dade Parks and
Recreation locations.
Related Activity Field Trip(s):
n/a
Population: Elementary School (K-5 grade) Activity Name: CATCH
Timeframe: Summer
Activity Area: Enhanced Health and Wellness Frequency:
5 time(s) per week
Activity: Enhanced Health and Wellness - Physical health &
nutrition
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
60
Duration: 4 Number of weeks
Approach to Implementation:
The Coordinated Approach to Child Health (CATCH) is a direct
education intervention aiming to prevent childhood obesity in
school -age children. The two main behavioral targets
help children identify and choose healthy foods and
increase moderate -to -vigorous physical activity (MVP).
Related Activity Field Trip(s):
N/a
Population: Middle School (6-8 grade) Activity Name: CATCH
Timeframe: Summer
Activity Area: Enhanced Health and Wellness Frequency:
5 time(s) per week
Activity: Enhanced Health and Wellness - Physical health &
nutrition
Participant Expected in Activity:
All Youth
Evidence Based Practice:
Intensity:
60
Duration: 9 Number of weeks
Approach to Implementation:
The Coordinated Approach to Child Health (CATCH) is a direct
education intervention aimed to prevent childhood obesity in
school -age children. The two main behavioral
targets help children identify and choose healthy foods and
increase moderate -to -vigorous physical activity (MVP).
Related Activity Field Trip(s):
N/A
SERVICE SITES
The Children's Trust expects to fund programs throughout Miami -Dade County. When applicable, accessible services
conducted in -person should be offered in convenient locations and familiar places where the intended population already
frequents. Convenient and flexible operating hours must be offered, as these are critical to reaching the intended
populations.
PARTICIPANTS - SITES SUMMARY
The table below summarizes information entered across all proposed sites related to the total number of slots for
ES,MS,HS and other populations, average percentage of children and youth with disabilities, and service days/weeks. If
these calculated numbers are not in line with the intended proposal, please return to the sites section of the application to
adjust the numbers entered. Note: proposed number are summed for each timeframe; proposed percentage of children
and youth with disabilities and service days are weighted average from the data entered at the site level.
After -School (SY) Full Day (FD) Summer (SM)
ES (K-5) Slots
ES % with disabilities
ES Days
MS (6-8) Slots
MS % with disabilities
MS Days
HS (9-12) Slots
HS % with disabilities
HS Days
FC young adults Slots
FC % with disabilities
FC Days
PARTNERS AND SERVICE LINKAGE
0
0
0
0
0
0
0
0
0
0
0
0
0 120
N/A 15
0 41
0 40
N/A 15
0 43
0 0
N/A 0
0 0
0 0
N/A 0
0 0
Partner Information Partner Description
Paid Partner or In -Kind Partner: Associated Activity:
InKind
Type of Partner:
Agency Name:
THE FLORIDA CITY FOUNDATION, INC.
Family Engagement & Connection
Description of Role & Expertise:
Enhanced summer programming by FLIPANY at a Florida City
Site:
Youth Activity Center (YAC) 650 NW 5th Ave., Florida City, FL
33034
In support of the program activities, Florida City will provide:
• YAC space to host the Summer AWA Program
• Support and assistance with participant recruitment
Florida City and FLIPANY have partnered together to host
successful and impactful summer camp programming at the
Youth Activity Center for the past two years. This is just one of
many initiatives that Florida City and FLIPANY have
collaborated on to help improve the health, wellness, and lives
of the residents of their community. With the support of Florida
City, FLIPANY will expand the summer camp program to
include grades K 8 through the proposed Summer AWA
program.
Start Date:6/12/2024
End Date:
Paid Partner or In -Kind Partner: Associated Activity:
InKind
Type of Partner:
Agency Name:
CENTER FOR VIRTUAL ADVANCEMENT, INC.
Family Engagement & Connection
Description of Role & Expertise:
Enhanced summer programming by FLIPANY at The Center for
Virtual & Community Advancement, Inc and Be Amaze 1055
NW 6th Ave., Florida City, FL 33034
In support of the Summer AWA program
in partnership with FLIPANY, The Center for Virtual &
Community Advancement, Inc and Be Amaze will provide:
Provide logistical support for
program integration into the participating site
Develop/implement strategies to ensure the program
continues beyond the period of grant performance.
Provide staff and resources in support of the program.
Serve as a program site.
Promote the program within the community and provide
access to targeted participants to take part in program
activities.
FLIPANY and The Center for Virtual & Community
Advancement have collaborated through the Summer Break
Spot program for the past three years. Through this
partnership, FLIPANY has provided healthy meals and snacks
for the Summer Camp program facilitated by The Center for
Virtual & Community Advancement at Covenant Baptist
Missionary Church.
Start Date:6/12/2024
End Date:
Paid Partner or In -Kind Partner: Associated Activity:
InKind
Department of Agriculture Summer Food Program
Type of Partner: Description of Role & Expertise:
Agency Name:
Florida Department of Health
Healthy Food and Beverage provision for all proposed FLIPANY
Summer AWA sites.
In support of the proposed Summer AWA program, FLIPANY,
through the Dept. of Agriculture Summer Food Program, will
provide:
• Healthy foods and beverages will be provided on all
program days for all participants during the summer.
As a summer food sponsor, FLIPANY will provide a
healthy breakfast, lunch, and beverage for all
participants 5 days per week.
As an unaffiliated sponsor for the USDA Summer Food and At -
Risk Federal Food programs, FLIPANY delivers approximately
8000 meals and snacks per day.
FLIPANY is a Florida Department of Agriculture award -winning
Tier III unaffiliated Food Sponsor (approved for unlimited meal
reimbursement expansion) and, as such, has the resources
and expertise needed to ensure each summer AWA participant
is provided healthy nutritious meals as part of this program.
Start Date:
End Date:
Paid Partner or In -Kind Partner: Associated Activity:
InKind
Bike Safe# , n ;;ruction -Family Engagement & Connection
Type of Partner: Description of Role & Expertise:
Description of Role & Expertise:
Enhanced Summer programming by FLIPANY at two City of
Miami Park Sites
Elizabeth Virrick Park - 3255 Plaza Street Miami, FL 33133
Roberto Clemente Park - 101 N.W. 34th Street, Miami FL 33127
As a part of the partnership, the Parks Department will provide
the following:
The use of park space to host the program Recruitment of
program participants (a minimum of 30)
Sports Programming (Inclusive of Learn to Swim)
Agency Name:
City of Miami
The city of Miami and FLIPANY have partnered to provide
Family Engagement and Connection programs for over eight
years. This continued partnership will allow The City Parks
department and FLIPANY to engage residents in hard -to -reach
areas by providing exciting youth programs, including sports,
swimming, cooking, gardens, and eating together as a family.
Start Date:6/12/2024
End Date:
Paid Partner or In -Kind Partner: Associated Activity:
PaidPartner
Type of Partner:
ProfessionalServices
Agency Name:
F.I.T. ENTERPRISES, INC.
PARTICIPANT OUTCOMES
Family Engagement & Connection
Description of Role & Expertise:
Summer AWA Program site management support and
coordination at:
• Center for Virtual Advancement and Be Amazed 1055
Nw 6th Ave., Florida City, FL 33034
• Youth Activity Center (YAC) 650 NW 5th Ave., Florida
City, FL 33034
In support of the Summer AWA Program at the 2
proposed Florida City sites, F.I.T Enterprises will provide:
Staff recruitment services
Help ensure culturally appropriate program design and
marketing
Facilitate participant recruitment
Coordinate enrollment activities with FLIPANY staff
F.I.T. Enterprises and FLIPANY have collaborated successfully
on a number of projects within the Florida City area. Most
recently, this included a partnership to successfully implement
and manage the Summer Camp Program in conjunction with
Florida City staff at the Youth Activity Center in Florida City.
F.I.T. Enterprises specializes in services that preserve art and
culture, and provide organizational support and development,
women empowerment, and fight food insecurity. F.I.T
Enterprises has a long-standing history of providing project
management services in relation to youth development
programming with numerous local community partners,
including acting as the liaison for summer programming for
Florida City.
Start Date:3/1/2024
End Date:
Measurement Tool Meaningful
Outcome Details Outcome Details Improvement
Associated Activity
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5 grade)
Required/Additional:
Required
End Date:
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5 grade)
Required/Additional:
Required
End Date:
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5
grade) —Middle School
(6-8 grade)
Required/Additional:
Required
End Date:
Target Percentage:30%
11365 - K 3 grade
summer camp
participants at the
frustrational level on
reading improve
literacy skills
Target Percentage:40%
11367 - 4-5 grade
summer camp
participants at the
frustrational level on
reading improve
literacy skills
Target Percentage:80%
11358 - Children and
youth report the
program had a positive
impact on them
50020 - 1 Minute Oral
Reading Fluency (ORF)
SM
Timing:
Mid -test
Timing Details: ALL K-5
Pre -test: Within first 10
days of first attendance
DLI K-5 ONLY Post?test:
Within last 10 days of
the program
50022 - iSTEEP Maze
Assessment SM
Timing:
Mid -test
Timing Details: ALL K-5
Pre -test: Within first 10
days of first attendance
DLI K-5 ONLY Post test:
Within last 10 days of
the program
50016 - Youth -Report
Questionnaire (SM)
Timing:
Pre -test
Mid -test
Post-test
Timing Details: Post-test
within the last 10
days/2 weeks of the
program
Children at the
frustrational level
improve to instructional
or mastery level.
Children at the
instructional or mastery
levels on pre- and mid -
tests are not included in
this outcome result.
Children at the
frustrational level
improve to instructional
or mastery level.
Children at the
instructional or mastery
levels on pre- and mid -
tests are not included in
this outcome result.
Satisfaction: An
average score of 3 or
higher on satisfaction
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
they are satisfied with
the program. Impact:
An average score of 3
or higher on impact
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
the program had a
positive impact on
them.
Differentiated Literacy
Instruction
Differentiated Literacy
Instruction
Not Applicable
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5
grade) —Middle School
(6-8 grade)
Required/Additional:
Required
End Date:
Target Percentage:90%
11359 - Children and
youth are satisfied with
the program
50016 - Youth -Report
Questionnaire (SM)
Timing:
Pre -test
Mid -test
Timing Details: Post-test
within the last 10
days/2 weeks of the
program
Timeframe: Summer Target Percentage:85% 50018 - Parent -Report
Questionnaire (SM)
Population(s) to be
served: Elementary
School (K-5
grade) —Middle School
(6-8 grade)
Required/Additional:
Required
End Date:
11362 - Parent report
the program had
positive impact on their
child
Timing:
Pre -test
Mid -test
Timing Details: Post-test
within the last 10
days/2 weeks of the
program
Satisfaction: An
average score of 3 or
higher on satisfaction
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
they are satisfied with
the program. Impact:
An average score of 3
or higher on impact
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
the program had a
positive impact on
them.
Satisfaction: An
average score of 3 or
higher on satisfaction
items was captured,
indicating parents
generally "Agree" or
"Strongly Agree" that
they are satisfied with
the program. Impact:
An average score of 3
of higher on impact
items was captured,
indicating parents
generally "Agree" or
"Strongly Agree" that
the program had a
positive impact on their
child.
Not Applicable
Not Applicable
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5
grade) —Middle School
(6-8 grade)
Required/Additional:
Required
End Date:
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5 grade)
Required/Additional:
Required
End Date:
Target Percentage:95%
11363 - Parents are
satisfied with the
program
50018 - Parent -Report
Questionnaire (SM)
Timing:
Pre -test
Mid -test
Timing Details: Post-test
within the last 10
days/2 weeks of the
program
Target Percentage:80% 50085 - ES Youth -
Report Questionnaire
11443 - Children and (SM)
youth report the
program had a positive
impact on them
Timing:
Pre -test
Mid -test
Timing Details: Post-test
within the last 10
days/2 weeks of the
program
Satisfaction: An
average score of 3 or
higher on satisfaction
items was captured,
indicating parents
generally "Agree" or
"Strongly Agree" that
they are satisfied with
the program. Impact:
An average score of 3
of higher on impact
items was captured,
indicating parents
generally "Agree" or
"Strongly Agree" that
the program had a
positive impact on their
child.
Satisfaction: An
average score of 3 or
higher on satisfaction
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
they are satisfied with
the program. Impact:
An average score of 3
or higher on impact
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
the program had a
positive impact on
them.
Not Applicable
Timeframe: Summer
Population(s) to be
served: Elementary
School (K-5 grade)
Required/Additional:
Required
End Date:
Target Percentage:90%
11444 - Children and
youth are satisfied with
the program
50085 - ES Youth -
Report Questionnaire
(SM)
Timing:
Pre -test
Mid -test
Timing Details: Post-test
within the last 10
days/2 weeks of the
program
Satisfaction: An
average score of 3 or
higher on satisfaction
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
they are satisfied with
the program. Impact:
An average score of 3
or higher on impact
items was captured,
indicating children and
youth generally "Agree"
or "Strongly Agree" that
the program had a
positive impact on
them.
STAFFING TABLE
Staffing Information: Providers are expected to hire, retain and supervise qualified professionals who understand the
complexity of service delivery in our community, available resources and the diversity of the population served. Providers
shall designate a key person to be responsible for all aspects of the contract oversight. This key management staff
member must have credible experience in program management and grant compliance.
ATTACHMENT B
OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT
Budget amendments/revisions
Budget amendments/revisions require written approval from the designated Program Manager and The Children's Trust's
Chief Financial Officer or their designees. Requests for budget amendments/revisions must be submitted to the Program
Manager using Trust Central, 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 budget amendments/revisions
may be approved during the Contract term. Budget amendments/revisions will be disallowed if they seek to revise
retroactive costs not previously budgeted. All budget amendments/revisions must adjust for operational activity effective
as of the previously billed period. Budget amendment/revision requests must be submitted sixty (60) days prior to the
expiration of the Contract. Approved budget amendments/revisions will be incorporated into the Contract.
Invoice Request for Payment Requirements
Provider shall submit an invoice/request for payment, utilizing the format prescribed by The Children's Trust and in
accordance with the approved budget or approved budget revision(s). This format may entail the electronic submission of
an invoice/request for payment in The Children's Trust electronic reporting system in accordance with the approved
budget or budget amendments/revisions, paper invoice, spreadsheet, or other submission method. The Children's Trust
will notify the Provider of the method of submittal. Invoices/requests for payment not submitted in The Children's Trust
electronic reporting system shall be submitted by the Provider to The Children's Trust at:
accountspayable@thechildrenstrust.org and to the Provider's Trust staff member assigned to this Contract. The
invoice/request for payment must include The Children's Trust's issued Purchase Order number, Agreement number, and
a unique invoice number assigned by the Provider. Submissions to accountspayable@thechildrenstrust.org must contain
only the invoice/request for payment and no additional correspondence. Attachments and other documentation included
with the invoice/request for payment submitted to accountspayable@thechildrenstrust.org will render the invoice/request
for payment as being not properly submitted. The invoice/request for payment is due on or before the fifteenth (15th) day
of the month following the month in which expenditures were paid (exclusive of legal holidays or weekends) or when the
deliverable was accepted by The Children's Trust. The Children's Trust will consider all invoices/requests for payment
received after the fifteenth (15th) of each month as late, even if the cause of a late submission is due to the delayed
approval of a budget or amendment in The Children's Trust electronic reporting system. The Children's Trust agrees to
reimburse Provider on a monthly basis, provided that the Contract utilizes a cost reimbursement method of payment. Any
expense included on an invoice/request for payment relating to a reimbursement request that pertains to a check dated
greater than two months prior to the invoice/request for payment will not be approved. The Children's Trust reserves the
right to request any supporting documentation related to this Contract.
For the purpose of payment only, a subcontractor is defined as an independent agency or entity that has entered into an
agreement with a Trust -funded provider to perform and oversee multiple components of the program service delivery as
well as program participants on behalf of that provider. If there are subcontractors to this Contract, and the
invoices/requests for payment are to be submitted using The Children's Trust electronic reporting system, then Form D:
Attestation of Payment, must be uploaded to The Children's Trust's electronic system Document Repository no later than
thirty (30) days after payment to subcontractor. If invoices/requests for payment are submitted using The Children's Trust
electronic reporting system, upon the close of this Contract, Provider is required to complete Form E: Close-out
Attestation of Payment, which must be uploaded to The Children's Trust's electronic system Document Repository no later
than thirty (30) days after payment to subcontractor. These forms may be downloaded from The Children's Trust's
website.
A final invoice/request for payment (for the last month 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. The Children's Trust decision on this matter shall be
binding.
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 of discovery of the event by the Provider or
notification of overpayment by the Provider's independent CPA firm or The Children's Trust. The provision of this section
shall survive the expiration or termination of this Contract.
If Provider fails to serve the contracted number of participants and/or fails to utilize the funds in accordance with the
Contract, The Children's Trust may amend the Contract to reduce the amount funded. Any delay in amendment by The
Children's Trust is not deemed a waiver of The Children's Trust right to amend or seek reimbursement for under -serving
participants in accordance with the Contract.
An invoice/ request for payment will be deemed proper as defined by the Florida Prompt Payment Act, chapter 218, Part
VII, Florida Statutes, if the request complies with the requirements set forth in this Contract and is submitted on the forms
prescribed by The Children's Trust. Invoices/requests for payment and/or documentation returned to Provider for
corrections may be cause for delay in the receipt of payment. Late submission may result in delay in the receipt of
payment. Upon receipt of Provider's properly submitted invoices/request for payment and/or other required
documentation, The Children's Trust shall pay Provider in accordance with the Florida Prompt Payment Act.
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.
Indirect Administrative Costs
In no event shall The Children's Trust fund indirect administrative costs in excess of 15 percent of the total Contract
amount. "Indirect administrative costs" includes operational costs that support the performance of programmatic
functions but are not directly incurred as a result of the program.
Match Requirement
When a specific solicitation or procurement require partial match funding, said funds should be reasonable, necessary,
and/or required for the program. Match funding requirements may be satisfied with cash or in -kind contributions
including non-federal cash dollars, donated items, and/ or services that are part of the overall cost of operating the
program. Matching funds must originate from a funding source other than The Children's Trust.
The Children's Trust reserves the right to ask for substantive documentation to support the match at any time and such
documentation must be presented to Provider's independent auditors as part of its annual financial statement audit.
Direct Deposit of Payment
As a requirement of this Contract with The Children's Trust, Provider agrees that prior to, or on the date commencing the
effective term of this Contract, Provider will enroll in The Children's Trust's direct deposit program. Payment may be
withheld until such time enrollment is completed. The direct deposit program requires that all payments received from The
Children's Trust are directly deposited into the Provider's designated bank account held in a financial institution located in
the United States.
Cost Reimbursement Method of Payment
Where indicated herein or Attachment B1, 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 herein, as well as based on the actual costs incurred. Provider will be paid in accordance with the approved
budget, typically after expenses are incurred. Provider also agrees to pay its subcontractors, vendors and employees for
the fulfillment of services provided on a timely basis. The Trust expects that Provider maintain sufficient funds in the
amount of at least 15 percent of its operating budget. Adequate working capital is considered a best practice and is
necessary when managing a cost reimbursement contract. Provider is expected to possess the funds necessary to cover
initial program expenses, and then request reimbursement from The Trust.
Deliverable -Based Method of Payment
Where indicated herein or Attachment B1, the parties agree that this is a deliverable based Contract, and Provider will be
paid based on acceptance by The Children's Trust of deliverables as outlined in Attachment A and the fee per deliverable,
as stated herein or Attachment B1. Provider will submit required reports and/or deliverables in accordance with the
deliverable schedule set forth in Attachment B1 or in Attachment A if not included herein. If Provider fails to submit
approved deliverables in accordance with the Contract, The Children's Trust may amend the Contract to reduce the
amount of dollars representing the deliverables not provided. 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 deliverables not provided in
accordance with the Contract.
Timely Payment by Provider
Provider also agrees to timely pay subcontractors, vendors, and employees for the fulfillment of services provided in this
Contract. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this
Contract, except for any advanced payments by The Trust, shall be accompanied by a invoice/request for payment from
The Children's Trust.
Advance payment requests
The Children's Trust offers advance payments up to 15 percent of the total Contract value. The Children's Trust will only
approve advance requests that are equivalent to the total amount of the first two (2) months programmatic expenditures
and up to 15 percent of the total Contract value. Determinations of programmatic expenditures will be supported by the
immediate prior year's performance or a detailed listing of estimated expenditures. Advance requests shall be limited to
governmental entities and not -for -profit corporations, in accordance with section 216.181(16)(b), Florida Statutes.
Advance requests 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's Program Manager and
Chief Financial Officer or their designees. Advance payments are made at and within the sole discretion of The Children's
Trust.
Advance repayment
Upon receipt of an advance, repayment must be credited to proceeding reimbursement requests within sixty (60)
calendar days. Provider shall report the amount of the advance repayment in The Trust electronic system using the
"advances/adjustments" button on the reimbursement screen. If a Provider does not use the specified Trust electronic
system, the Provider is required to deduct its advance repayment from each invoice/request for payment, consecutively,
until the advance is repaid in full.
List of Pre -Qualified Program -Specific Auditing Services
To receive reimbursement for the preparation of the program -specific audit, as defined in the Contract, Provider must
choose from a list of pre -qualified independent Certified Public Accounting (CPA) firms, which are posted on The Children's
Trust website. The amount requested for reimbursement must meet the requirements of The Children's Trust. Inclusion in
this pre -qualification requires that a CPA firm meet the following three criteria:
(a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified
Public Accountants peer review program as evidenced by submitting a triennial System Review Report with a passing
score to The Children's Trust;
(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 a training session on the audit requirements of The Children's Trust contract conducted by The
Children's Trust Finance Department.
Alternatively, Provider may also receive reimbursement if Provider is subject to audit by a federal, state or local Office of
Inspector General and such Office of Inspector General conducts an audit and charges Provider for said audit services.
Supporting Documentation Requirements
Provider shall maintain original records documenting actual expenditures and services provided according to the approved
budget and Scope of Services. 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 only paying its fair share of costs for services, overhead and staffing
devoted to the program or services funded by this Contract. Such methodology shall be made available to The Children's
Trust upon request.
-THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
ATTACHMENT C: Data Requirements and Program Metrics
The Children's Trust requires Providers to continually collect metrics on the quantity, quality and impact of service efforts.
The purpose of data collection, reporting and analysis is to promote continuous improvement in program quality and
participant outcome achievement. Contract -specific reporting requirements are identified in Attachment A - Scope of
Services.
The Program Metrics tool (found on The Children's Trust website) details the components that are regularly reviewed by
Trust staff or approved contractors. These components —as well as the way they are rated —are specific to each initiative
and may be revised throughout the funding cycle.
Successful programs regularly review the quality of their own implementation at the site level, offer staff training and
coaching on program components, and incorporate feedback from participants and staff.
Data requirements:
As applicable, Provider is expected to collect and enter demographic, attendance, screening, and assessment data in a
timely manner, while incorporating practices that ensure data quality and integrity. Data must be collected in accordance
with initiative -specific requirements noted in Attachment A Scope of Services, using the appropriate tools (e.g., required
demographic fields can be found in the Child/Youth and Parent, Guardian or Primary Caregiver Information
Forms found on The Children's Trust website) and entered in a timely manner into a Trust -approved data system. Program
attendance and contact data should be entered daily, in the event this cannot occur it is to be entered within 24 hours.
Other participant screening and outcome data should also be entered as it is collected, in the event this cannot occur it is
to be entered within three (3) days of collection. All data that has been entered must also be regularly reviewed and
validated by the Provider at least weekly to ensure all information submitted to The Trust is accurate and correct.
As applicable, Provider may also be expected to submit periodic Program Narrative Reports that capture the program's
successes, challenges, and supports needed and/or specific aggregated data reporting spreadsheets, as specified in the
Initiative Specific Reporting Requirements on The Children's Trust website or other communications from The
Children's Trust.
With each submission, the Provider attests that all data submitted in conjunction with the reports are accurate, truthful
and complete. The Trust and Trust -approved partners shall access these data —either via direct access to the system used
by the Provider and/or via a data feed to The Trust's Integrated Data Repository—, use it and analyze it for evaluation and
strategic planning purposes.
Compliance Items: Provider shall fulfill all applicable compliance items specified in the safety, administrative and fiscal
compliance component in the Program Metrics tool, as well as in the Required Documentation Checklist posted on The
Children's Trust website.
Quarterly or Yearly Growth Plan: In partnership with The Trust Program Manager, the Provider will develop and implement
Growth Plans up to four times per contract year. A Growth Planning Guidance Document with additional information
can be found on The Children's Trust website.
The Children's Trust funds program and professional development for provider staff and agencies through Trust Academy,
ranging from basic to advanced levels. All funded providers are required to engage in the available offerings, which include
online courses, live training, peer learning activities and coaching. Required Trust trainings for each initiative are listed on
The Trust Website. Participation in all Trust Academy supports is centrally tracked in the Trust Academy learning
management system (LMS). All staff profiles must be kept up to date in Trust Central and the LMS. Provider must ensure
appropriate staff and subcontractors attend various Trust -sponsored or facilitated trainings. At a minimum, staff will be
required to attend the following annually:
• Contract management trainings
• The Children's Trust Provider meetings
• Trust Central training for budgets, amendments, invoices, participants and reports trainings
• Content -specific trainings related to program quality and performance measures (e.g., evidence -based programs,
best practices, measurement tools, safety and injury prevention and inclusion).
In addition to supports offered by The Trust, providers are expected to engage their staff in training and professional
development specific to the population served, enrichment content areas delivered, and/or evidence -based practices being
implemented.
Attachment D
Program -Specific Audit Requirements
The Program -Specific Audit must encompass an audit of The Children's Trust Contracts in accordance with Section 0:
Records, Reports, Audits and Monitoring 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; (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.
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 as stated in The Children's Trust Contracts.
The Program -Specific Audit requires the following components (a sample format may be found on The Children's Trust
website):
1. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts
2. Schedule of Expenditures of The Children's Trust Contracts
3. Notes to Schedule
4. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal
Control over Compliance
5. Schedule of Findings and Questioned Costs
At a minimum, the auditor must include the following tests in its 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
A) Controls tested during the financial
must include an expectation of
statement audit may not consider
the operating effectiveness of
compliance as it relates to The
controls over compliance, and in
Children's Trust's Contract. Overall
doing so, the assessed control
control risk must consider each
risk must be assessed at low
compliance requirement tested during
during the planning stage. If the
the Program -Specific Audit. Separate
auditor determines a lack of
risk assessment procedures and
controls and identifies risk of
materiality should be performed and
material noncompliance that
generated for a Program -Specific
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.
Audit.
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
b) Budget vs. Actual
1) The approved budget is to
A) Test work should include a schedule
Expenditures
include the original approved
identifying each Contract and its
Contract as well as any
original/ amended budget, monthly
approved budget
billings, Contract utilization and any
amendments/revisions.
analytical expectations that may
identify any overbillings.
i. The current Children's Trust
electronic system 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 compensate
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 that do not match
original or amended
budgets.
2. Fringe benefits billed
to The Children's Trust
for employees not
included in Contract
budget and are
unrelated to the
program.
3. Professional services
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. Monetary gift cards
as incentives.
A detailed listing of all
costs and activities
considered allowed and
unallowed can be
viewed in the Budget
Guidelines form on The
Children's Trust
website.
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's
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 double billed
and should be considered a
finding.
4) The Children's Trust funds
must supplement a program;
supplanting of funds 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 six (6) field trips to teach children
social skills, only field trips
enumerated in either the contractual
budget narrative or the contractual
Scope of Service will be reimbursed.
B) If the contractual budget, lists a
program coordinator position at
$25.00/hour, the provider must pay
the program coordinator and charge
The Children's Trust $25.00/hour. The
provider cannot substitute funding
identified for the program coordinator
to any other position.
C) If the contractual budget, lists a
program coordinator's position, with
dedicated time charged to The
Children's Trust program of 25%, the
provider must 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 three Contracts list a program
coordinator's total budgeted salary as
$100,000.00 and each Contract will
reimburse $35,000.00 (35%), then a
possible overbilling of $5,000 may
have occurred
($35,000.00*3=$105,000.00 or
35%*3=105% Children's Trust salary
allocation).
E) If an invoice is submitted to The
Children's Trust that includes food
charges for end -of -year parties and
celebrations, those costs are NOT
allowable per The Children's Trust
budget guidelines and cannot be paid
by The Children's Trust.
F) If a provider, prior to applying to
participate in the contracted program,
committed to purchase 10 new
computers for another program, the
provider must purchase those 10
computers in addition to any other
computers requested for The
Children's Trust program.
d) Cash Management
1) With the exception of the last
month of the Contract period,
monthly invoices must represent
costs actually paid during the
Contract period (cash basis),
rather than costs incurred or
accrued.
A) If payroll is paid on 3/31, it should
be disclosed in March's
reimbursement.
B) If payroll is paid on 4/1, but
represents time charged in March, it
should be disclosed 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 through 7/31, and provider
expends $250.00 for office supplies on
9/30 during said Contract period, that
expenditure must support program
services performed during the
Contract term.
B) The following items warrant the
most attention at the beginning and
end of Contract periods:
i. Payroll from expired
Contracts is not allowed to be
billed in the first month of the
renewed Contract if it was
paid during the 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 related
to Contract expectations such as
type of participants served,
number of participants served
and background checks should
NOT be tested as part of The
Children's Trust Program -Specific
Audit. The Program -Specific
Audit is meant to test the fiscal
viability of the provider.
Therefore, certain -Contract
provisions that support the fiscal
viability of the provider should
be tested.
Each of the following special provisions
must be tested:
A) Insurance requirements (further
described in Section K: Insurance
Requirements of this Contract)
i. Auditor should determine if all
applicable insurance policies
were carried during the fiscal
year.
B) Proof of tax status (further
described in Section L: Proof of Tax
Status of this Contract)
ii. Auditor should vouch that
applicable documents
verifying that all incurred
payroll and unemployment
taxes have been paid.
C) Data security obligation (further
described in Section 0: 12 of this
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 subcontracted
parties. Additionally, the
auditor should obtain and
understand any provider
monitoring procedures.
E) Matching Funds
i. In some cases, a required
match is contracted. This will
be indicated in Section C:
Total Funding of this
Contract. Verify the applied
method the provider uses to
satisfy match requirements.
Also, verify that provider
maintains documentation to
back up match requirements.
F) DCF License Requirement
i. For some Trust funded
programs (After -school and
early childhood programs), a
Florida Department of Children
and Families (DCF) license is
required for each site delivering
services. If during the contract
period a funded site (s) has
lapse its DCF license(s)
coverage, the auditor should
test the invoice period when the
lapse occurred. No direct costs
in association with the delivery
of program services at the
unlicensed site (s) should be
invoiced to the Trust during the
lapsed period. For contracts
with multiple sites, The Trust
would reimburse for the
delivery of services at the at
the licensed sites only.
The independent auditor's report shall state that the audit was conducted in accordance with: (1) auditing standards
generally accepted in the United States of America; (2) the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States; and (3) the Program -Specific
Audit Requirements listed in The Children's Trust Contract.
ATTACHMENT E-1
Affidavit under Penalty of Perjury for Level 2 Background Screenings
Affidavit under Penalty of Perjury Affirming Compliance with Background Screening for Provider
Personnel, Volunteers, and Subcontracted Personnel, as applicable.
In accordance with sections 943.0542, 984.01, 39.001 and Chapters 435, and 402, Florida Statutes,
and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the
undersigned affiant makes the following statement under oath and 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.nsopw.gov/eng. (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
Representative of (Provider Name) , who being by me first duly sworn, deposes
and says:
I swear and affirm that the above -named contracted Provider is compliant with the requirements
for personnel background screening detailed in sections 943.0542, 984.01, Chapter 435, 402,
39.001, and 1012.465, Florida Statutes, as applicable, for all personnel having direct contact with
children.
(Signature of CEO/Executive Director/HR Director) Date
Sworn to and subscribed before me at Miami -Dade County, Florida this _ day of , 20_
by
Who is personally known to me
Who produced identification:
Type of identification
Signature of Notary Public
State of Florida at Large
Print, type or stamp name of notary public
My Commission Expires:
State of Florida
ATTACHMENT E-2
CHILD CARE
,yF'F"""""`_roATTESTATION OF GOOD MORAL CHARACTER
County
Before me this day personally appeared who, being duly sworn, deposes and says:
(Applicant's/Employee's Name)
As an applicant for employment with, an employee of, a volunteer for, or an applicant to volunteer with
, I affirm and attest under penalty of perjury that I meet the moral character requirements
for employment, as required by Chapter 435, Florida Statutes, in that:
I have not been arrested with disposition pending or found guilty of, regardless of adjudication, or entered a plea of
nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged
for, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of
another jurisdiction for any of the offenses listed below:
Section 393.135
Section 394.4593
Section 415.1 1 1
Section 741.28
Section 777.04
Section 782.04
Section 782.07
Section 782.071
Section 782.09
Chapter 784
Section 784.011
Section 784.03
Section 787.01
Section 787.02
Section 787.025
Section 787.04(2)
Section 787.04(3)
Section 790.1 15(1)
Section 790.1 15(2) (b)
Section 794.011
Former Section 794.041
Section 794.05
Chapter 796
Section 798.02
Chapter 800
Section 806.01
Section 810.02
Section 810.14
Section 810.145
Chapter 812
Section 817.563
Section 825.102
Section 825.1025
Section 825.103
Section 826.04
Section 827.03
Section 827.04
Former Section 827.05
Section 827.071
Section 843.01
Section 843.025
Section 843.12
Section 843.13
Relating to:
sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct
sexual misconduct with certain mental health patients and reporting of such sexual misconduct
adult abuse, neglect, or exploitation of aged persons or disabled adults or failure to report of such abuse
criminal offenses that constitute domestic violence, whether committed in Florida or another jurisdiction
attempts, solicitation, and conspiracy
murder
manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated
manslaughter of a child
vehicular homicide
killing an unborn child by injury to the mother
assault, battery, and culpable negligence, if the offense was a felony
assault, if the victim of offense was a minor
battery, if the victim of offense was a minor
kidnapping
false imprisonment
luring or enticing a child
taking, enticing, or removing a child beyond the state limits with criminal intent pending custody
proceeding
carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody
hearing or delivering the child to the designated person
exhibiting firearms or weapons within 1,000 feet of a school
possessing an electric weapon or device, destructive device, or other weapon on school property
sexual battery
prohibited acts of persons in familial or custodial authority
unlawful sexual activity with certain minors
prostitution
lewd and lascivious behavior
lewdness and indecent exposure
arson
burglary
voyeurism, if the offense is a felony
video voyeurism, if the offense is a felony
theft and/or robbery and related crimes, if a felony offense
fraudulent sale of controlled substances, if the offense was a felony
abuse, aggravated abuse, or neglect of an elderly person or disabled adult
lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
exploitation of disabled adults or elderly persons, if the offense was a felony
incest
child abuse, aggravated child abuse, or neglect of a child
contributing to the delinquency or dependency of a child
negligent treatment of children
sexual performance by a child
resisting arrest with violence
depriving a law enforcement, correctional, or correctional probation officer means of protection or
communication
aiding in an escape
aiding in the escape of juvenile inmates in correctional institution
Chapter 847 obscene literature
Section 874.05(1) encouraging or recruiting another to join a criminal gang
Chapter 893 drug abuse prevention and control only if the offense was a felony or if any other person involved in the
offense- was a minor
Section 916.1075 sexual misconduct with certain forensic clients and reporting of such sexual conduct
Section 944.35(3) inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm
Section 944.40 escape
Section 944.46 harboring, concealing, or aiding an escaped prisoner
Section 944.47 introduction of contraband into a correctional facility
Section 985.701 sexual misconduct in juvenile justice programs
Section 985.711 contraband introduced into detention facilities
I understand that I must applicable acknowledge the existence of any criminal record relating to the above lists of
offenses including those under any similar statute of another jurisdiction, regardless of whether or not those records have
been sealed or expunged. Further, I understand that, while employed or volunteering at
in any position that requires background screening as a condition of
employment, I must immediately notify my supervisor/employer of any arrest and any changes in my criminal record
involving any of the above listed provisions of Florida Statutes or similar statutes of another jurisdiction whether a
misdemeanor or felony. This notice must be made within one (1) business day of such arrest or charge. Failure to do so
could be grounds for termination.
I attest that I have read the above carefully and state that my attestation here is true and correct that my record does
not contain any of the above listed offenses. I understand, under penalty of perjury, all employees in such positions of
trust or responsibility shall attest to meeting the requirements for qualifying for employment and agreeing to inform the
employer immediately if arrested for any of the disqualifying offenses. I also understand that it is my responsibility to
obtain clarification on anything contained in this affidavit which I do not understand prior to signing. I am aware that
any omissions, falsifications, misstatements or misrepresentations may disqualify me from employment consideration
and, if I am hired, may be grounds for termination or denial of an exemption at a later date.
SIGNATURE OF AFFIANT:
Sign Above OR Below, DO NOT Sign Both Lines
To the best of my knowledge and belief, my record contains one or more of the applicable disqualifying
acts or offenses listed above. I have placed a check mark by the offense(s) contained in my record. (If
you have previously been granted an exemption for this disqualifying offense, please attach a copy of the
letter granting such exemption.) (Please circle the number which corresponds to the offense(s) contained
in your record.)
SIGNATURE OF AFFIANT:
Sworn to and subscribed before me this
SIGNATURE OF NOTARY PUBLIC, STATE OF FLORIDA
day of , 20.
(Print, Type, or Stamp Commissioned Name of Notary Public)
(Check one)
Affiant personally known to notary
OR
Affiant produced identification
ATTACHMENT E-3
Child Abuse & Neglect Reporting Requirements
All child"care personnel are mandated by law to report their suspicions of child abuse, neglect, or
abandonment to the Florida Abuse Hotline in accordance with section 39.201, Florida Statutes.
Child care personnel must be alert to the physical and behavioral indicators of child abuse and
neglect.
"Child Abuse or Neglect" is defined in section 39.201, Florida Statutes, as "harm or threatened harm"
to a child's health (mental or physical) or welfare by the acts or omissions by a parent, adult
household member, other person responsible for the child's welfare, or for purposes of reporting
requirements by any person.
Categories include:
- Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision...)
- Emotional Abuse or Neglect (i.e. impairment in the ability to function, depression...)
- Sexual Abuse (i.e. withdrawal, excessive crying, physical symptoms...)
Reports must be made immediately to the Florida Abuse Hotline Information System by
- Telephone at 1-800-96-ABUSE (1-800-962-2873), or
- Fax at 1-800-914-0004, or
- Online at http://www.dcf.state.fl.us/abuse/report/.
Failure to perform duties of a mandatory reporter pursuant to section 39.201, Florida Statutes,
constitutes a violation of the standards in sections 402.301 - 402.319, Florida Statutes, and is a felony
of the third degree. Remember, it is each child care personnel's responsibility to report suspected
abuse and/or neglect.
All reports are confidential. However, persons who are mandated reporters (child care personnel) are
required to give their name when making a report.
It is important to give as much identifying and factual information as possible when making a report.
Any person, when acting in good faith, is immune from liability in accordance with section 39.203(1) (a),
Florida Statutes.
For more information about child abuse and neglect, visit the Florida Department of Children and
Families' ("Department") website at www.myflorida.com/childcare and select "Training
Requirements." The Department offers a 4-hour Identifying and Reporting Child Abuse and Neglect
course for child care providers. This course is an overview of the various types of abuse and neglect,
indicators that may be observed, the legal responsibility of mandatory reporters, and the proper
procedure for reporting abuse and neglect, as required by sections 402.305(2) and 402.313(1),
Florida Statutes. The course is offered both online and in person with an instructor throughout Florida.
This statement is to verify that on
Date
Read and understood the information and my mandated
, 20 , I,
Print Name of Employee
ATTACHMENT E-4
c
RF�
MYF LFAMI LitS.COM
BACKGROUND SCREENING
& PERSONNEL FILE REQUIREMENTS
Place in employee file and attach all background screening documentation.
Authority: sections 402.301- 402.319 and Chapter 435,
Florida Statutes
Name of Employee:
Name of Facility:
*Social Security #: Date of Birth: Employment
Date:
*The Department's license/registration application requires personnel to give their Social Security number for the purposes of
background screening. Social security numbers are only used by the Department for identity verification.
Position Classification
(check one)
Position Type
(check all that apply)
Age Group Assigned
(check one)
Education Level
(check one)
Child Care Personnel
Owner
0 - 12 Months
No High School/GED
Intermittent Volunteer
Director
1 Year
High School Student
Other Personnel
Lead Teacher (must
2 Years
High School/GED
select age group)
3 Years
National Early Childhood Credential
VPK Instructor
4 Years
Birth Through Five Child Care Credential
Assistant Teacher
4 Years VPK
School -Age Child Care Credential
Substitute
5+ Years
Associates Degree
Mixed
Bachelor's Degree
Not Applicable
Master's Degree or Higher
SCREENING DOCUMENTATION
All child care personnel are required by law to be screened pursuant to Chapter 435,
Florida Statutes, as a condition of employment and continued employment.
Initial Screen
Date Livescanned
Date completed
FINGERPRINT
FDLE/ FBI
FDLE/ FBI
Affidavit of Good Moral Character
(due on or before employment,
following a 90 day break, or when
changing employers)
N/A
5 Year Re -screen
Date Livescanned
FINGERPRINT
Date completed
FINGERPRINT
FINGERPRINT
OTHER REQUIREMENTS
Date Employment References Checked:
Names of References (attach additional documentation if necessary):
Leave of Absence Documentation from Employer (if applicable):
ATTACHMENT G
Data Security Definitions
"Authorized Employees" means Provider's employees who have a need to know or otherwise access Personal
Information to enable Provider to perform its obligations under this Agreement.
"Authorized Persons" means (i) Authorized Employees; or (ii) Provider's subcontractors approved by The Children's Trust
who have a need to know or otherwise access Personal Information to enable Provider to perform its obligations under this
Agreement, and who are bound in writing by confidentiality obligations sufficient to protect Personal Information in
accordance with the terms and conditions of this Agreement.
"Unauthorized Third Party" means any person other than Authorized Employee or Authorized Person(s).
"Highly -Sensitive Personal Information" means an individual's (i) government -issued identification number
(including, without limitation, social security number, driver's license number or state -issued identified number); (ii)
financial account number, credit card number, debit card number, credit report information, with or without any required
security code, access code, personal identification number or password, that would permit access to an individual's
financial account; or (iii) biometric or health data.
"Personal Information" includes Highly -Sensitive Personal Information or any of the following:
i. An individual's first name or first initial and last name in combination with any one or more of the following data
elements for that individual:
1. A social security number;
2. A driver license or identification card number, passport number, military identification number, or other
similar number issued on a government document used to verify identity;
3. A financial account number or credit or debit card number, in combination with any required security
code, access code, or password that is necessary to permit access to an individual's financial account;
4. Any information regarding an individual's medical history, mental or physical condition, or medical
treatment or diagnosis by a health care professional; or
5. An individual's health insurance policy number or subscriber identification number and any unique
identifier used by a health insurer to identify the individual.
ii. User name or e-mail address, in combination with a password or security question and answer that would permit
access to an online account.
Notwithstanding the foregoing, the term "Personal Information" shall not include information (1) about an individual that
has been made publicly available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or
modified by any other method or technology that removes elements that personally identify an individual or that otherwise
renders the information unusable.
"Security breach" or "breach" means unauthorized access of data in electronic form containing personal information,
or a breach or alleged breach of this Agreement relating to such privacy practices. Good faith access of Personal
Information by an employee or agent of the covered entity shall not constitute a breach of security under this Agreement,
so long as the information is not used for a purpose unrelated to the business of The Children's Trust, or as a result of any
other unauthorized use.