HomeMy WebLinkAbout24770AGREEMENT INFORMATION
AGREEMENT NUMBER
24770
NAME/TYPE OF AGREEMENT
THE CHILDREN'S TRUST
DESCRIPTION
GRANT AGREEMENT/FAMILIES FIRST PARENTING
PROGRAM/FILE ID: 14136/R-23-0322/MATTER ID: 23-1550 K
EFFECTIVE DATE
October 1, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
12/14/2023
DATE RECEIVED FROM ISSUING
DEPT.
1/22/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Office of Grants Administration
DEPT. CONTACT PERSON: Esther Balsera
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The Children's Trust
EXT.
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 0 NO
TOTAL CONTRACT AMOUNT: $ 200,000.00 FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
■❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF SUMMARY) Agreement approval between The Children's Trust and the City of Miami
for the 2023-2024 Families First Parenting Program funded by The Children's Trust.
COMMISSION APPROVAL DATE: 7/27/23 FILE ID:
14136 ENACTMENT NO.: R-23-0322
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT:LILLIAN
SIGNATURE:
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APPROVAL BY ASSISTANT CITY MANAGER
December 6,
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December 6, 2023
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1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
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SIGNATURE:
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SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Miami
FL
Resolution
R-23-0322
ADOPTED
JU/ Z7 2023 9" oo AM
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ACCEPT AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND
DOLLARS ($200,000.00), IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT"), FROM
THE CHILDREN'S TRUST ("TRUST") TO THE CITY OF MIAMI ("CITY") FOR THE CITY'S
DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES
("DEPARTMENT") FAMILIES FIRST PARENTING PROGRAM ("PROGRAM") HELD AT
VARIOUS ELEMENTARY SCHOOLS AND CHILD CARE CENTERS WITHIN THE CITY;
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "THE CHILDREN'S TRUST
GRANT FOR EDUCATION INITIATIVES 2023-2024 FAMILIES FIRST PARENTING
PROGRAM," TO ACCEPT THE GRANT; APPROPRIATING THE GRANT FUNDING IN THE
AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00), WITH NO
CITY MATCH REQUIRED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND TO EXECUTE AN AGREEMENT WITH THE TRUST, INCLUDING ANY AND ALL OTHER
NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS
ACCEPTABLE BY THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND
COMPLIANCE WITH THE GRANT AWARD FOR SAID PURPOSES, FOR THE PERIOD
COMMENCING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024, WITH THE OPTION TO
RENEW FOR UP TO FIVE (5) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -
EXCEED AMOUNT UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM,
SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; AND PROVIDING FOR AN
EFFECTIVE DATE.
Information
Department: Office of Grants Sponsors: Chair, District Five
Administration Christine King
Category: Other
Attachments
Agenda Summary and Legislation
14136 Exhibit
14136 Back -Up Documents
Financial Impact
Special Revenue Account No: 15500.371005 Various
Body/Legislation
WHEREAS, the City of Miami ("City") has been awarded a reimbursement grant from The Children's
Trust (the "Trust") for the City's Families First Parenting Program (the "Program"), in an amount not to exceed
Two Hundred Thousand Dollars ($200,000.00) (the "Grant'), commencing October 1, 2023 through September
30, 2024 ("Initial Period"); and
WHEREAS, the Program is comprised of a cooperative effort between the City's Department of Grants
Administration Education Initiatives ("Department") and Exceptional Consulting for Educational Leaders, Inc., a
for profit corporation (collectively, the "Service Providers"); and
WHEREAS, the goal of the Program is to offer a parenting program designed to incorporate literacy
skills, parent -child activities, strengthen oral language development, give parents a venue to share concerns,
learn new behavior strategies, and connect parents to a variety of support family stability; and
WHEREAS, the City Manager requests the authority to negotiate and execute an agreement, including
any and all necessary amendments, extensions, and modifications, all in forms acceptable to the City Attorney,
for the implementation and acceptance of the Grant for the Initial Period; and
WHEREAS, the City Manager is requesting the appropriation of said Grant funding, with no required
City match for the Program and to fund the Service Providers for the Initial Period;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized to accept the Grant from The Trust for the Program to be
administered by the Department at various elementary schools and child care centers within the City.
Section 3. The following new Special Revenue Project is established and resources are appropriated as
described below:
FUND TITLE:
RESOURCES:
APPROPRIATIONS:
"The Children's Trust Grant for Education
Initiatives 2023-2024 Families
First Parenting Program"
The Children's Trust
$200,000.00
$200,000.00
Section 4. The City Manager is further authorized' to negotiate and execute an agreement
with the Trust, including any and all other necessary amendments extensions, and modifications, all in forms
acceptable by the City Attorney, to implement the acceptance of and compliance with the Grant award for said
purposes, for the Initial Period, with the options to renew for up five (5) additional similar periods at the same
not -to -exceed amounts under the same terms and conditions for the Program, subject to budgetary approval at
time of need.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of the
Mayor.
[1] The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but
not limited to, those prescribed by applicable City Charter and City Code provisions.
[2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it
was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the
veto by the City Commission.
Meeting History
Jul 27, 2023 9:00 AM
RESULT:
MOVER:
SECONDER:
AYES:
City
Commission
City Commission Meeting
ADOPTED [UNANIMOUS]
Alex Diaz de la Portilla, Commissioner, District One
Manolo Reyes, Commissioner, District Four
Christine King, Joe Carollo, Alex Diaz de la Portilla, Sabina Covo, Manolo Reyes
CONTRACT NO. 2410-7580
BETWEEN THE CHILDREN'S TRUST
AND City of Miami
FOR Group, Individual, and Home Visitation
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):
444 S.W. 2nd Ave, 5th Floor
Miami, FL 33130
59-6000375
CITYO758
10/1/2023 through 9/30/2024
$200, 000.00
$0.00
2023-55
THIS CONTRACT is between The Children's Trust, whose address is 3150 SW 3rd Avenue, 8th Floor, Miami, FL 33129,
and City of Miami, ("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 1EI-P Pages r
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.org.
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.org. 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:
P.
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
oatasecurityithechildrenstrust.org; 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.
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) VECH
(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 Siodin National Sex Offender Public_k _(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.miamidade.gov/library/2016-publications-rqo/sec%20 2 11-
1 conflict of interest and code of ethics ordinance janl6.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 Photograph/Video
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 ( vww.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.org.
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 A: Scope of Services
Attachment B: Other Fiscal Requirements, Budget and Method of Payment
Attachment B-1: Payment Structure, if applicable
Attachment C: Data Requirements and Program Metrics
Attachment D: Program -Specific Audit Requirements
Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable
Attachment E-2: Child Care Attestation of Good Moral Character, if applicable
Attachment E-3: Child Abuse & Neglect Reporting Requirements, if applicable
Attachment E-4: Background Screening & Personnel File Requirements, if applicable
Attachment F: Additional Insurance Requirements, if applicable
Attachment 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]
City of Miami, Florida Signature Page as Vendor/Contractor
For City of Miami/The Children's Trust Families First Program
Agreement Form for Contracted Services
Contract #2410-7580
For Program Period as of October 1, 2023 through September 30, 2024
CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION
DocuSigned by:
BY:
DATE:
ant6y, Nariur,
Art�iur° or ega;ACity Manager
December 6, 2023 1 14:53:25 EST
ADDRESS: 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130
ATTEST:
BY:
DATE:
APPR((
BY:
Todd'Hannen, City Clerk
DocuSigned by:
c
E46D7560DCF1459...
December 14, 2023 1 20:05:59 EST
FoDs45 TO FORM AND CORRECTNESS: rDS
P EF904F6FE0457._.
Victoria Mendez, City Attorney Matter ID: 23-1550K
APPROVED AS TO INSURA CLI EnQVIREMENTS:
BY:
Ann -Marie Sharpe, Director of Risk Management
APPROVED BY DEPARTMENT OF GRANTS ADMINISTRATION:
BY:
,—DocuSigned by:
LilllureBltkidUtpDirector
APPROVED BY PROGRAM ADMINISTRATOR:
BY:
(—DocuSigned by:
Es 1rerBittkiVe,5Education Initiatives Coordinator
City of Miami
(-DocuSigned by:
avgwy Navic,eft
-850CF6C372DD42A...
By: By:
Date:
(signature of Authorized Representative)
Arthur Noriega
City Manager
December 6, 2023 1 14:53:25 EST
The Children's Trust
MIAMI-DADE COUNTY, FLORIDA
(signature)
James R. Haj
President and CEO
Date: 2023-12-20 20:34:20.697
Provider Federal ID# 59-6000375
Provider Vendor ID# CITYO758
This Contract is not valid until signed by both Parties.
Counterparts and Electronic Signatures: This Agreement may be executed in any number of counterparts,
each of which so executed shall be deemed to be an original, and such counterparts shall together constitute
but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of
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.
Attachment A - Scope of Services
Group, Individual, and Home Visitation
PROGRAM OVERVIEW
AGENCY SIGN2I.
Arthur Noriega
INITIATIVE
Group, Individual, and Home Visitation
PROGRAM NAME
Families First Parenting Program
PROGRAM: DESCRIPTION
The City of Miami Families First Parenting Program (FF) is a year-round parenting program serving 105 parents/caregivers
and supportive family members of children ages 3 to 12. These include families with children ages 3-6 for Preschool Basic
and families with children ages 6-12 for School Basic. FF uses the Incredible Years evidence -based curriculum. The
Preschool Basic Program is comprised of 18 sessions and The School Basic Program is comprised of 12 sessions. Both
curriculums provide workshops to parents to enable them to develop advanced competence and confidence as
caregivers. By building parenting competencies and encouraging involvement in children's school experiences and
everyday activities, Families First strengthens parenting skills and fosters a foundation for children to achieve their full
potential.
CONTRACT TI M EF RAM E
Year -Round
EVIDENCE -BASED AND PROMISING PROGRAMS (EBPS)
Validated EBP Curriculum EBP Description
EBP: The Incredible Incredible Years School -
Years Age Basic Program
focuses on strengthening
EBP Curriculum: parent -child interactions
Incredible Years/ and attachment, reducing
School -Age Basic harsh discipline and
Program Curriculum fostering parents' ability
to promote children's
Minimum EBP social, emotional and
Curriculum academic development.
Percentage of Parents learn how to
Children with monitor children after
Disabilities to be school, set rules regarding
Served: 10% technology and drug use,
support children's
Curriculum Type homework, and
Modality:Group communicate and partner
with teachers so that they
Child Age can promote the child's
(Min/Max): academic, social and
6 - 12 emotional skills. Real -life
video clips are used to
Basis for facilitate group discussion
Recruitment:Partici and activities. The
Recommended
Dosage and
Population To
Be Served
Recommended
Dosage: 12 to
20 two-hour
weekly sessions
over three to
four months
Minimum Child
Age to be
Served: 6 -
Maximum Child
Age to be
Served: 12
Virtual
Modality: Yes
Schedule:
The Families First
Parenting
Program will
offer the
Incredible Years
School -Age Basic
Minimum Staffing
Qualifications
Minimum. Staff
Qualifications: Group
leaders should at least
have experience in social
work, psychology,
education, nursing,
psychiatry, or extensive
experience working with
families and children. Two
group leaders run a group
together, with at least one
of them at a master's level
or higher. One of the
leaders should be a
teacher or former teacher
and/or experienced
teaching children.
Staffing Workloads:10-14
parents/ caregivers per
group (two group leaders
per group)
Additional
Program
Requirements
N/A
pants
Basis for
Retention:Tota I
Required Sessions
Incredible Years parenting
group format helps
parents foster a support
network and promotes
shared learning through
open discussions with
peers.
Program at 4
Miami -Dade
County Public
Schools. The
School -Age Basic
Program will
hold virtual
sessions every
other week
(40%). The first
and last sessions
will be held in -
person. The end
of year family
event will also
take place in
person.
The Incredible
Years School -Age
Basic Parenting
curriculum
session topics
will be followed
throughout the
course of the
program.
Curriculum
handouts and a
parent booklet
will be provided
to all registered
parents at the
first session. At
this first session
(in person), the 2
Facilitators (lead
and scribe) will
provide
participants with
a Zoom link that
will be used for
the virtual
sessions. For
virtual sessions,
all participants
will be required
to have their
cameras on
during the
session and be
engaged/particip
ate in the session
topics.
Attendance will
be recorded at
the start of each
session.
Facilitators will
discuss the
session topic
found in the
curriculum
parent booklet,
have participants
share
experiences (if
any),
share/discuss
handouts, have
parents read
sections of the
handout out loud,
share vignettes,
ask questions
prompting
participant
feedback, and
break out into
small groups for
roleplay if
necessary. At the
end of each
parenting
workshop
session,
individual
parenting
consultation
sessions are
available for
families needing
further
assistance.
To further
motivate
participants to
engage in virtual
sessions,
curriculum -
related
incentives will be
offered based on
participation and
involvement
EBP: The Incredible
Years
EBP Curriculum:
Incredible Years/
Preschool Basic
Program Curriculum
Minimum EBP
Curriculum
Percentage of
Children with
Disabilities to be
Incredible Years Preschool
Basic Program focuses on
strengthening parent -child
interactions and
attachment, reducing
harsh discipline, and
fostering parents' ability
to promote children's
social, emotional, and
language development.
Parents also learn how to
build school readiness
skills and are encouraged
during the
lesson.
Additionally,
prizes will be
raffled as part of
each session to
engage
participants in
the virtual
sessions.
Participants'
incentives will be
delivered to the
center the day
after the session
is completed and
will be distributed
to the parents as
they pick up their
child. Meals will
be provided with
virtual sessions,
as it has in the
past with in -
person sessions.
However, meals
will be distributed
by the school
resource
Coordinator the
day after the
session is
completed and
will be distributed
to the parents
who attended the
lesson, as they
pick up their
child.
Recommended
Dosage: 18 to
20 two-hour
weekly sessions
over four to five
monthsl8
Minimum Child
Age to be
Served: 3 -
Maximum Child
Age to be
Served: 6
Minimum. Staff
Qualifications: Group
leaders should at least
have experience in social
work, psychology,
education, nursing,
psychiatry, or extensive
experience working with
families and children. Two
group leaders run a group
together, with at least one
of them at a master's level
or higher. One of the
Served: 10%
Curriculum Type
Modality:Group
Child Age
(Min/Max):
3-6
Basis for
Recruitment:Partici
pants
Basis for
Retention:Tota I
Required Sessions
to communicate and
partner with teachers and
day care professionals to
promote children's
emotional regulation and
social skills. Real -life video
clips are used to help
facilitate group discussion
and activities. The
Incredible Years parenting
group format helps
parents foster a support
network and promoted
shared learning with open
discussions with peers.
Virtual
Modality: Yes
Schedule:
The Families First
Parenting
Program will
offer the
Incredible Years
EBP Preschool
Basic Program at
3 childcare
centers. The
Preschool Basic
Program will
hold virtual
sessions every
other week (45%)
except for the
first and last
sessions, which
will be held in -
person. Virtual
activities (cookin
g at home with
kids, zoos,
aquariums) will
also be provided
during these
sessions. The
end of year
family event will
take place in
person.
The Incredible
Years Preschool
Basic Parenting
curriculum
session topics
will be followed
throughout the
course of the
program.
Curriculum
handouts and a
parent booklet
will be provided
to all registered
parents at the
first session. At
this first session
leaders should be a
teacher or former teacher
and/or experienced
teaching children.
Staffing Workloads:10-14
parents/ caregivers per
group (two group leaders
per group)
(in person), the 2
Facilitators (lead
and scribe) will
provide
participants with
a Zoom link that
will be used for
the
virtual sessions.
All participants
will be required
to have their
cameras on
during the
session and be
engaged/particip
ate in the session
topics.
Attendance will
be recorded at
the start of each
session.
Facilitators will
discuss the
session topic
found in the
curriculum
parent booklet,
have participants
share
experiences (if
any),
share/discuss
handouts, have
parents read
sections of the
handout out loud,
share vignettes,
ask questions
prompting
participant
feedback, and
break out into
small groups for
roleplay if
necessary. At the
end of each
parenting
workshop
session,
individual
parenting
consultation
sessions are
available for
families needing
further
assistance to
learn the lessons
and acquire the
skills covered in
the class.
To further
motivate
participants to
engage in virtual
sessions,
curriculum -
related
incentives will be
offered based on
participation and
involvement
during the
lesson.
Additionally,
prizes will be
raffled as part of
each session to
engage
participants in
the virtual
sessions.
Participants'
incentives will be
delivered to the
center the day
after the session
is completed and
will be distributed
to the parents as
they pick up their
child. Meals will
be provided with
virtual sessions,
as it has in the
past with in -
person sessions.
However, meals
will be distributed
the day after the
session is
completed and
will be
distributed by the
center
coordinator to
the parents who
attended the
lesson, as they
pick up their
child.
POPULATIONS TO BE SERVED
POPULATIONS TO SERVE
TEEN —Fathers
Participation is open to Miami residents and individuals with children that attend schools and/or childcare centers located
in the City of Miami. The Preschool Basic Program is open for enrollment to parent/caregiver or supportive family member
of a child ages 3 to 6. The Schools Basic Program is open for enrollment to a parent/caregiver or supportive family
member of a child ages 6 to 12. Parent/caregiver completes an eligibility form in person (face-to-face) that confirms they
have a child in the designated age groups served and if they have a child that is enrolled in either a childcare center or
elementary school in the City of Miami. Once eligibility is determined, families are invited to the first in -person session.
PROGRAM ACTIVITIES
Validated Activity Activity Specifics
Activity Name: IY Preschool - Parenting Workshops
Activity Description: Parenting Workshop/Training
activities are delivered in a group setting by a trained
facilitator who not only covers the specific content
included in the curriculum, but also creates
opportunities for participants to build social supports,
expand their insights and understanding, as well as
acquire knowledge and skills around parenting.
Required or Optional: Required
EBP Curriculum: Incredible Years/ Preschool Basic
Program Curriculum
Schedule Type: Cohort
Activity Fidelity Agreement:
I agree to implement the activity as di...
Duration: 18 Weeks
Intensity: 120 minutes
Frequency: 1 Week
Number of Sessions Offered: 18
Required Sessions: 15
Monthly Required Sessions: 3
Approach to Implementation:
Preschool Basic Program implementation (for parents
with kids 3-6):
Parenting Workshop/Training activities are delivered to
parents/caregivers of pre-school children in a group
setting (cohort) by trained facilitators who, in addition to
teaching the specific content included in the curriculum,
also create opportunities for participants to build social
support, expand their insights and understanding, as
well as acquire knowledge and skills around parenting.
In order to appropriately adapt to meet the needs of
the proposed population and tailor the curriculum to be
culturally and linguistically responsive to participants,
sessions will be offered in English, Spanish and/or
Creole.
The programs provide materials in child development
awareness and developing positive interactions between
parents and children. Two activity Facilitators will take on
the roles of Leader and Scribe, depending on planning
and division of responsibilities. The Leader
responsibilities include but are not limited to leading in
disseminating content, problem -solving efforts, teaching
lesson as needed and mediating vignettes. The Scribe
role has primary responsibility in supporting group
engagement and process: group support in running
smoothly, brainstorming, group scanner, back-up of the
Leader when a principle or key curriculum is missed,
sharing observations with Leader during break and
afterword about group dynamics and process.
Facilitators will discuss the session topics found in the
curriculum parent booklet, will have participants share
experiences (if any), share/discuss handouts, have
parents read sections of the handout out loud, share
vignettes and ask questions prompting participant
feedback, and break out into small groups for roleplay if
necessary. At the end of each parenting workshop
session, individual parenting consultation sessions are
available to families needing further assistance to learn
the lessons and acquire the skills covered in the class.
As an incentive, the program offers each cohort an
opportunity to attend a family event at end of the
program. The program will provide transportation,
admission, and meals for participating families who
attend, as a way of reinforcing the knowledge gained in
the training, and as a means to practice skills learned
while in a public environment. Throughout each cohort,
participants will also partake in three -five online
activities where parents can practice curriculum skills
and later engage in similar activities with their children
at home.
Activity Modification Details:
Activity Name: IY School Age - Parenting Workshops
Activity Description: Parenting Workshop/Training
activities are delivered in a group setting by a trained
facilitator who not only covers the specific content
included in the curriculum, but also creates
opportunities for participants to build social supports,
expand their insights and understanding, as well as
acquire knowledge and skills around parenting.
Required or Optional: Required
EBP Curriculum: Incredible Years/ School -Age Basic
Program Curriculum
Schedule Type: Cohort
Activity Fidelity Agreement:
I agree to implement the activity as di...
Duration: 12 Weeks
Intensity: 120 minutes
Frequency: 1 Week
Number of Sessions Offered: 12
Required Sessions: 10
Monthly Required Sessions: 3
Approach to Implementation:
School Basic Program implementation (for parents with
kids 6-12):
Parenting Workshop/Training activities are delivered to
parents/caregivers of elementary school children in a
group setting (cohort) by trained facilitators who, in
addition to teaching the specific content included in the
curriculum, also create opportunities for participants to
build social support, expand their insights and
understanding, as well as acquire knowledge and skills
around parenting.
Two activity Facilitators will take on the roles of Leader
and Scribe, depending on planning and division of
responsibilities. The Leader responsibilities include but
are not limited to leading in disseminating content,
problem -solving efforts, teaching lesson as needed and
mediating vignettes. The Scribe role has primary
responsibility in supporting group engagement and
process: group support in running smoothly,
brainstorming, group scanner, back-up of the Leader
when a principle or key curriculum is missed, sharing
observations with Leader during break and afterword
about group dynamics and process.
Facilitators will discuss the session topics found in the
curriculum parent booklet, will have participants share
experiences (if any), share/discuss handouts, have
parents read sections of the handout out loud, share
vignettes and ask questions prompting participant
feedback, and break out into small groups for roleplay if
necessary. At the end of each parenting workshop
session, individual parenting consultation sessions are
available to families needing further assistance to learn
the lessons and acquire the skills covered in the class.
Activity Modification Details:
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
EBP Curriculum
Number of Participants Percentage of Families with
Number of Participants Awarded Child with Disability
Incredible Years/ School -Age Number of Families: Number of Families
Basic Program Curriculum 65 Awarded:
65
Number of
Parents/Caregivers: Number of
65 Parents/Caregivers
Awarded:
Number of Children/Youth: 65
0
Number of Children/Youth
Awarded:
Incredible Years/ Preschool Number of Families: Number of Families
Basic Program Curriculum 40 Awarded:
40
Number of
Parents/Caregivers: Number of
40 Parents/Caregivers
Awarded:
Number of Children/Youth: 40
0
Number of Children/Youth
Awarded:
0
PARTICIPANT OUTCOMES
10%
10%
Outcome Data Source & Measurement Details Administration Details
75% of 11383 - Parents/primary
caregivers increase positive parent -child
interactions.
Tool Details: 50038 - AAPI-2 Constructs
B-E (Pre/Post)
Adult -Adolescent Parenting Inventory
(AAPI-2): (Constructs B through E) • #
Items: 40 (33 items related to B-E) •
Scoring: Sten Scores • Range: 1 (highest
risk of abusive parenting behaviors) to
10 (lowest risk) for each construct
Meaningful Improvement: Post-test
Sten score of 5 or higher on each of the
constructs (out of the high risk category)
OR Post-test score of 5 or higher on
Construct B and a 1 point increase in 2
of the 3 other constructs from Pre- to
Post-test.
Timing Details: Pre -test is administered
by the 2nd session of the program and
Post-test is administered within the last
two sessions of program completion.
90% of 11414 - Parents/caregivers report Tool Details: 50068 - Parent -Report
the program had a positive impact on Questionnaire (PAR)
their parenting practices
Parent -Report Questionnaire (Trust
provided)
Meaningful Improvement: An average
score of 3 or higher indicating parents
generally "Agree" or "Strongly Agree"
Timing Details: One-time assessment
completed within 2 weeks from episode
close date
EBP Curriculum: Incredible Years/
Preschool Basic Program
Curriculum,Incredible Years/ School -Age
Basic Program Curriculum
Associated Activity: IY Preschool -
Parenting Workshops^IY School Age -
Parenting Workshops
EBP Curriculum: Incredible Years/
Preschool Basic Program
Curriculum,Incredible Years/ School -Age
Basic Program Curriculum
Associated Activity: IY Preschool -
Parenting Workshops—IY School Age -
Parenting Workshops
95% of 11413 - Parents/caregivers are Tool Details: 50068 - Parent -Report
satisfied with the program
85% of 11402 - Children/youth decrease
problem behavior or maintain
appropriate behavior
STAFFING
Questionnaire (PAR)
Parent -Report Questionnaire (Trust
provided)
Meaningful Improvement: An average
score of 3 or higher indicating parents
generally "Agree" or "Strongly Agree"
Timing Details: One-time assessment
completed within 2 weeks from episode
close date
Tool Details: 50057 - Strengths &
Difficulties Questionnaire (SDQ)
Strengths and Difficulty Questionnaire
(SDQ) (Parents of children 2-17 years
old):
• # Items: 25
• Scoring: Sum (each item is
scored using a likert-scale from
0-2)
• Range: 0-40
Meaningful Improvement: A Post-test
score below 17 (in the borderline to
normal range) OR If Pretest score is at or
higher than 17 (the abnormal range) the
post test score must be 2 points lower
than pre test
Timing Details: Pre -test is administered
by the 2nd session of the program and
Post-test is administered within the last
two sessions of program completion.
EBP Curriculum: Incredible Years/
Preschool Basic Program
Curriculum,Incredible Years/ School -Age
Basic Program Curriculum
Associated Activity: IY Preschool -
Parenting Workshops^IY School Age -
Parenting Workshops
EBP Curriculum: Incredible Years/
Preschool Basic Program
Curriculum,Incredible Years/ School -Age
Basic Program Curriculum
Associated Activity: IY Preschool -
Parenting Workshops—IY School Age -
Parenting Workshops
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:
accountspayablecathechildrenstrust.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 accountspayableCE 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
COMPREHENSIVE BUDGET/AMENDMENT REPORT
CITY OF MIAMI - PAR XX10-7580 CITY OF MIAMI
FISCAL YEAR 23-24 (10/01/23 - 9/30/24)
CONTRACT #: 2410-7580
ORIGINAL BUDGET AND APPROVED/UNAPPROVED AMENDMENTS
Orig Salary Amended Orig FICA Amended
Position Salary FICA
Orig Amended Orig Amended Orig Amended Orig Amended
Retirement Retirement Insurance Insurance Workers Workers Unemployment Unemployment
Comp Comp
Education Coordinator (44978)
Staff: Balsera, Esther (31831)
Gross: 92,074.00 92,074.00 7,044.00
Program: 69,046.00 69,046.00 5,282.00
CSC: 0.00 0.00 0.00
7,044.00
5,282.00
0.00
0.00
0.00
0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Original Distribution
Program Allocation
CSC Allocation
Match Allocation
Time Period
# of People
Rate
Wks Funded
Hrs/Week
Amt
Hrs/Week
Amt
Amt
Year Round
1.00
44.26
52.00
30.00
69,046.00
0.00
0.00
Total Distribution to Program Salary
Percentage of Distribution to Gross Salary
Original Budget Narratives:
Full time position, paid biweekly
Match Source: City of Miami
Budget Amendment Narratives:
75%
69,046.00
0%
0.00
100%
69,046.00
75%
0%
75%
Orig Salary
Position
Amended Orig FICA Amended Orig Amended Orig Amended Orig Amended Orig Amended
Salary FICA Retirement Retirement Insurance Insurance Workers Workers Unemployment Unemployment
Comp Comp
Fringe Benefits
Staff:
Gross: 0.00
Program: 0.00
CSC: 0.00
Original Budget Narratives:
Budget Amendment Narratives:
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Orig Salary
Position
Amended Orig FICA Amended Orig Amended Orig Amended Orig Amended Orig Amended
Salary FICA Retirement Retirement Insurance Insurance Workers Workers Unemployment Unemployment
Comp Comp
Staff Services Assistant (44979)
Staff: , ***TBD (Vacant) (58108)
Gross: 27,382.00
Program: 27,382.00
CSC: 27,382.00
27,382.00 2,095.00
27,382.00 2,095.00
27,382.00 2,095.00
2,095.00 0.00
2,095.00 0.00
2,095.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
Original Distribution
Program Allocation
CSC Allocation
Match Allocation
Time Period
# of People
Rate
Wks Funded
Hrs/Week
Amt
Hrs/Week
Amt
Amt
Year Round
1.00
17.85
52.00
0.00
0.00
29.50
27,382.00
Year Round
1.00
17.85
52.00
29.50
27,382.00
0.00
0.00
Total Distribution to Program Salary
Percentage of Distribution to Gross Salary
Original Budget Narratives:
Part-time position 29.5 hours per week,
paid biweekly
Budget Amendment Narratives:
100%
27,382.00
100%
27,382.00
%
0.00
100%
100%
0%
Salary Totals
Percentage of Program Distribution to Gross Salary 80.72% Percentage of CSC Distribution to Gross Salary 22.92%
Orig Salary Amended Orig FICA Amended Orig Amended Orig Amended Orig Amended Orig Amended
Salary FICA Retirement Retirement Insurance Insurance Workers Workers Unemployment Unemployment
Comp Comp
Gross 119,456.00 119,456.00 9,139.00 9,139.00
Program 96,428.00 96,428.00 7,377.00 7,377.00
CSC 27,382.00 27,382.00 2,095.00 2,095.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
EXPENSE DATA
Account # Account Name Orig CSC Budget
Amend CSC Budget
Orig Prog Budget
Amend Prog Budget
531 Travel (other than participants) $3,700.00
Original Budget Calculation:
(0.655*300* 12)+(720+353+24+55+95*2)
Original Budget Narratives:
Mileage for staff services assistant travel to sites. Approx 300 miles x 12 months.
Parent And Family Engagement Conference for two program staff that further develop family engagement skills.
Budget Amendment Narratives:
$3,700.00
$3,700.00
$3,700.00
Account # Account Name Orig CSC Budget
Amend CSC Budget
Orig Prog Budget
Amend Prog Budget
532 Travel (participants) $2,520.00 $2,520.00
Original Budget Calculation:
63*5*8
Original Budget Narratives:
Buses for families for outdoor field trip (family event) 8 buses for approximately 300 individuals (105 participants+children)
Budget Amendment Narratives:
$2,520.00
$2,520.00
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
533 Meals (participants) $18,850.00 $18,850.00 $18,850.00 $18,850.00
Original Budget Calculation:
(10* 14*4* 18)+(10* 14*4* 12)+(10*205)
Original Budget Narratives:
Meals are offered at sessions as an incentive to assist with program retention and engagement to 105 participants. Family Event (outdoor field trip): 300 individuals (participants +
participant's children).
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
534 Space $0.00 $0.00 $76,800.00 $76,800.00
Original Budget Calculation:
12*800*8
Original Budget Narratives:
City Inkind: 4 child care centers & 4 elementary schools $12 per square ft - approximately 800 sq. feet. $12 x 800 sq ft x 8 sites
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
535 Utilities $450.00 $450.00 $450.00 $450.00
Original Budget Calculation:
(50*12*0.75)
Original Budget Narratives:
Cell Phone Allowance for Education Coordinator $50 per month x 12 months x 75% (program allocation)
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
536 Supplies (office) $3,051.00 $3,051.00 $3,051.00 $3,051.00
Original Budget Calculation:
3051
Original Budget Narratives:
General office supplies.
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
537 Supplies (program) $10,000.00 $10,000.00 $10,000.00 $10,000.00
Original Budget Calculation:
(30* 10* 8)+(13* 14*8)+(2070)+(1755)+(500)+(460)+1359
Original Budget Narratives:
Parenting Program Curriculum for 105 @ $95.23 per participant
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
591 Indirect Cost $6,000.00 $6,000.00 $6,000.00 $6,000.00
Original Budget Calculation:
6000
Original Budget Narratives:
Admin Cost 3% of budget
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
711 Professional Services (instructors) $80,001.00 $80,001.00 $80,001.00 $80,001.00
Original Budget Calculation:
(45*148.15*12)
Original Budget Narratives:
EXCEL(Exceptional Consulting for Educational Leaders): Constitutes ofa Program Director, certified in the Incredible Years Curriculum. EXCEL will facilitate and supervise the Incredible
Years (IY) curriculum parenting training sessions and parenting supplemental sessions. $45 per hour x 148.15 hours per month x 12 months =$80,001
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
721 Professional Services (certified teachers) $19,440.00 $19,440.00 $19,440.00 $19,440.00
Original Budget Calculation:
(30*216)+(30*432)
Original Budget Narratives:
1 Incredible Years English/Creole speaking teacher x 4 sites x 18 IY preschool basic sessions = 72 sessions. 3 hours per session (includes planning time) x 72 sessions (4 sites - 18
sessions each)= 216 hours. $30.00 an hour x 216 hours
3 Incredible Years English/Spanish speaking teachers x 4 sites x 12 IY school basic sessions = 144 sessions. 3 hours per session (includes planning time) x 144 sessions = 432 hours.
$30.00 an hour x 432 hours
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
821 Other (background screening) $560.00 $560.00 $560.00 $560.00
Original Budget Calculation:
80*7
Original Budget Narratives:
Level 2 background screening for 7 staff members
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
831 Other (admission to field trips) $10,500.00 $10,500.00 $10,500.00 $10,500.00
Original Budget Calculation:
(35*300)
Original Budget Narratives:
Incentive field trips for parents who complete the pre school or school age program: 300 individuals (participants + participants children)
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
841 Program Specific Audit $6,000.00 $6,000.00 $6,000.00 $6,000.00
Original Budget Calculation:
6000
Original Budget Narratives:
$6,000 for required Program Specific Audit
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
851 Other (Volunteers) $0.00 $0.00 $1,373.00 $1,373.00
Original Budget Calculation:
(25.43*54)
Original Budget Narratives:
Creole Speaking Volunteer. 3 hours per session x 18 sessions = 54 hours
$25.43 p/h x 54 hours = $1,373.22
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
855 Other (conference registration) $700.00 $700.00 $700.00 $700.00
Original Budget Calculation:
350*2
Original Budget Narratives:
Parent And Family Engagement Conference Registration for 2 Program Staff
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
891 Other (other) $8,751.00 $8,751.00 $8,751.00 $8,751.00
Original Budget Calculation:
(42.63*105)+(199.90*3)+(35*105)
Original Budget Narratives:
Milestone Rewards will be provided to 105 participants throughout the course of the program for attendance and participation. Incentives will include family activity games, educational
virtual activities, educational puzzles, books, and games.
ZOOM for virtual sessions.
Budget Amendment Narratives:
Account # Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget
Expense Totals: $8,751.00 $8,751.00 $8,751.00 $8,751.00
Salary & Expense Totals: $200,000.00 $200,000.00 $352,501.00 $352,501.00
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 E)
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:
MY11 FAMII if.S.CC]M
State of Florida
ATTACHMENT E-2
CHILD CARE
ATTESTATION 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 790.115(1)
Section 790.115(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
Section 874.05(1)
Chapter 893
Section 916.1075
Section 944.35(3)
Section 944.40
Section 944.46
Section 944.47
Section 985.701
Section 985.711
obscene literature
encouraging or recruiting another to join a criminal gang
drug abuse prevention and control only if the offense was a felony or if any other person involved in the
offense was a minor
sexual misconduct with certain forensic clients and reporting of such sexual conduct
inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm
escape
harboring, concealing, or aiding an escaped prisoner
introduction of contraband into a correctional facility
sexual misconduct in juvenile justice programs
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
--;-91Bre
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.
ruP°•• TM s Child Abuse & Neglect Reporting Requirements
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 S atutes, 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
k�r
& PERSONNEL FILE REQUIREMENTS
Place in employee file and attach all background screening documentation.
•l��+� ANn � Authority: sections 402.301- 402.319 and Chapter 435,
MYFLFAMILiES.GOh4 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.
Olivera, Rosemary
From: Balsera, Esther
Sent: Monday, January 22, 2024 7:42 PM
To: Hannon, Todd
Cc: Fossler, Thomas; Olivera, Rosemary; Lee, Denise
Subject: Matter 23-1550K - The Children's Trust - Families First Parenting Program Executed
Contract FY 2023-24
Attachments: Matter 23-1550K - The Children's Trust - Families First Parenting Program Executed
Contract FY 2023-24.pdf
Good evening Todd,
Please find attached the fully executed copy of agreement from DocuSign that is to be considered an original
agreement for your records.
Thank you,
Esther Balsera
Education Coordinator
City of Miami
Office of Grants Administration
1